Many companies prefer to employ minors. Usually their services are required for simple assignments. In this case, employers must take into account the provisions of Art. 265 of the Labor Code of the Russian Federation, containing requirements on what kind of work it is forbidden to attract citizens who are not yet 18 years old. If the requirements of the law are violated, then the leaders of such companies can be brought not only to administrative, but even to criminal liability.
Working conditions for minors
In the TC there is a special chapter 42, intended for the employment of citizens who are not yet 18 years old. It indicates when and how minors are employed, as well as what requirements are presented to company executives.
Especially much attention is paid to restricting the use of adolescent labor in various productive areas. All these rules are listed in article 265 of the Labor Code of the Russian Federation. This is due to the fact that when working in difficult working conditions, a negative effect is exerted on the health and mental state of young people. Therefore, they can be used exclusively for simple tasks, and it is not allowed for them to use the standard length of the working day.
At what age can teens officially go to work?
Based on the provisions of the Labor Code, companies can officially employ adolescents whose age has reached 16 years. It is allowed to attract 15-year-old citizens to work, but they must receive a basic general education, and they can also leave school on the basis of legislation.
When drafting an employment contract with people who are minors, company leaders must take into account some nuances:
- based on Art. 63 TC, a standard agreement may be concluded with persons who have reached the age of 16;
- if you want to attract teenagers from 14 to 16 years old, then an agreement is signed with them only on condition that they have finished school;
- you must first obtain written consent from the guardians or parents for the work of the teenager;
- in addition, you will have to apply for permission to the guardianship authorities;
- work should not create any obstacles to the study of a teenager;
- the activity should be easy, and all types of work to which it is not allowed to involve minors are listed in Art. 265 of the Labor Code of Russia;
- if for the first time a teenager enters into an employment contract with a company, then it is the employer who must take care that he draw up a work book and SNILS for the employee.
When employing a teenager of 14 years old, it is taken into account that work in no way should harm his physical or mental health. Article 265 of the Labor Code of Russia contains information that it is forbidden for adolescents to work at this age in a circus, theater or cinema organizations.
According to the conditions of Art. 70 TC is not allowed to hire a minor with a probationary period. The teenager must first undergo a medical examination, as doctors must draw up a special opinion on the basis of which it is allowed to involve a citizen in work. Such an examination is required annually until the employee is 18 years old.
What is the maximum working day?
Employment of minors is associated with many difficulties for companies. This is due to the fact that they must clearly ensure that the numerous requirements of the Labor Code are respected. If they are violated, the company may even be held criminally liable. Therefore, you should first make sure that the work offered to the teenager is not included in the list available in article 265 of the Labor Code of the Russian Federation. It contains all types of activities that can be implemented exclusively by adult citizens.
Additionally, it is taken into account that the work of a teenager cannot be the same as the work of adult employees of different companies according to the length of the working day. The standard working week is 40 hours, but for minors it will be different. Therefore, the following restrictions are taken into account:
- if the employee is less than 16 years old, then he cannot work per week for more than 24 hours;
- for adolescents aged 16 to 18 years, the working week lasts a maximum of 36 hours;
- if citizens under 16 years of age studying in a school or other similar educational institution are involved in work, then they must work no more than 12 hours a week;
- if employees from 16 to 18 years old are in school, then for them the maximum allowed work for 18 hours in one week.
In Art. 94 TC additionally provides restrictions on the duration of one shift:
- workers aged 15 to 16 cannot work without a break for more than five hours;
- if a teenager aged 16 to 18 is hired, he cannot work for one shift for more than 7 hours;
- if citizens are studying in primary or secondary school, the work shift is 2.5 hours for adolescents up to 16 years, and for workers from 16 to 18 years the maximum shift work is 3.5 hours.
Often, adolescents attend evening or shift educational organizations, so for them the work week is formed on the basis of the available schedule. Additionally, they can count on a reduced working week. During the period of exemption from activities, specialists receive 50% of the average salary, but at the same time, earnings cannot be lower than the minimum wage.
What kind of work is not allowed to involve minors?
Article 265 of the Labor Code of the Russian Federation contains information on which work is not allowed to attract citizens who are not yet 18 years old. Employers must strictly follow this requirement, otherwise they will be brought not only to administrative, but also criminal liability.
According to article 265 of the Labor Code of the Russian Federation with comments, there are numerous restrictions due to the fact that young people who are not yet 18 years old cannot cope with any complex or specific responsibilities along with adult citizens. Limitations are associated with various factors:
- working conditions established by the enterprise;
- the weight of the items carried, if the work involves loading or unloading various goods;
- nature of activity;
- the labor regime applied by the company.
Based on Art. 265 of the Labor Code of the Russian Federation it is not allowed to hire minors if the activity is connected with harmful or even dangerous conditions. Therefore, adolescents are not allowed to engage in the following types of work:
- in mines or other underground structures;
- to work in which irreparable harm to the health or development of young people can be caused, for example, work in nightclubs or bars, during transportation of alcoholic beverages or trade in tobacco products is not acceptable;
- heavy work associated with the transfer of items of significant weight;
- work in the performance of which citizens face harmful or dangerous conditions, for example, in the chemical industry or the performance of duties with radioactive objects.
A complete list of restrictions is provided in article 265 of the Labor Code. The list is approved by PP No. 163.
Other restrictions
Additionally, article 265 of the Labor Code also sets other restrictions for employers who want to hire citizens who are minors. These limitations include:
- adolescents are not allowed to work overtime, therefore company executives must strictly follow the legal restrictions on working hours and weeks;
- call employees to work on the weekend;
- it is forbidden to use the labor of minors at night, which is prescribed in Art. 96 TC;
- such company employees cannot go on business trips, and this even applies if a business trip is required in the region where a minor is living, so he can return home at night without any problems.
When establishing a work shift for such a specialist, it is taken into account that it should begin no earlier than 6 a.m., and end by all means by 22 o'clock. The above restrictions under article 265 of the Labor Code do not apply to underage workers working in the media, the field of cinematography, theaters or circuses, as well as those working in the field related to the training of professional athletes. Such citizens can go on business trips, as well as be involved in overtime or night work.
Production rate
In the study of the restrictions specified in Art. 265 of the Labor Code of the Russian Federation, employers can determine what kind of work they can attract specialists who are not yet 18 years old. Additionally, they must take into account the production rate specified in Art. 270 shopping mall. Such a norm is determined by the general rules, but this takes into account the length of working time established for a minor employee.
When determining the production rate, the nuances are taken into account:
- if the employee's age is in the range from 16 to 18 years, then for him such a norm should be recalculated in proportion to the shortened working week, consisting of 36 working hours;
- if the hired specialist is less than 16 years old, then the norm is significantly reduced on the basis of a 24-hour work week.
Regardless of the established norm, employers must ensure that employees receive the optimal salary.
Payroll Rules
Article 265 of the Labor Code of the Russian Federation establishes numerous restrictions related to the employment of minors in various fields of activity. But regardless of this, employers must establish optimal working conditions for workers and a good salary. When determining the amount of earnings, some nuances are taken into account:
- if a time-based pay scheme is used, then the calculation of earnings takes into account the size of the tariff rate or salary, depending on the number of hours worked;
- if the company applies piecework payment, then for persons who are not yet 18 years old, the same rates apply as for adult workers, but the existing production rate is taken into account;
- if the company employs a teenager who continues to study at any educational institution, then for him the salary is calculated on the basis of the actually worked period and output.
Each employer can independently increase the salary of hired specialists if he has any grounds for this. Money is allocated for these purposes from the personal funds of the head of the company.
How is a vacation arranged?
When employing adolescents, not only the provisions of Art. 265 of the Labor Code of the Russian Federation, which describes the basic working conditions for minors, but it is also important to follow other requirements of the code.
Since employees are formalized, they can rely on various guarantees provided on the basis of the provisions of the Labor Code. This includes the possibility of making a vacation. According to Art. 167 TC, it should last at least 31 days. You can complete it completely or break it into separate parts.
The rules for granting leave apply to all employees under 18 years of age, even if they work part-time. According to Art. 126 TC, for such employees it is not allowed to replace the rest period with monetary compensation. The payment is assigned exclusively in the situation if the employee leaves, and at the same time he has unused vacation.
It is allowed to provide minors with additional leave, which is paid if they are provided for in a collective agreement or an employment contract. For example, if an employee continues training, then he may require additional leave with salary to prepare for exams.
Terms of termination
Art. 265 of the Labor Code of the Russian Federation regulates the rules for attracting minors to a particular type of work. Moreover, the Labor Code additionally contains requirements for terminating the employment contract with such employees. These rules include:
- if the employer is the initiator, then to terminate relations with a minor, consent is required from the guardianship and labor inspection authorities;
- permission from guardianship is not required if a teenager quits due to liquidation or bankruptcy of a company;
- if the employee himself wants to stop working, then he is compiled a standard letter of resignation, and he needs to work two weeks, although usually company managers release employees without working out.
If the employer violates the rights of a minor employee, he will be held liable.
Penalties for violators
Often the leaders of different companies violate the numerous requirements of the TC. This leads to the fact that they are held accountable. The consequences are considered to be most serious if business owners violate the requirements under article 265 of the Labor Code. The responsibility of the employer in this case can be expressed in several ways:
- material;
- disciplinary;
- administrative
- criminal.
A certain type of liability depends on the gravity of the offense. Maximum penalties apply to employers who are recruited for violations repeatedly. If the requirements of the Labor Code are violated in relation to underage workers, then it is usually used to bring to justice art. 5.27 of the Code of Administrative Offenses. Based on it, the following measures are applied:
- officials and individual entrepreneurs pay a fine in the amount of 1 to 5 thousand rubles;
- for companies, collection increases, so funds are transferred in the amount of 30 to 50 thousand rubles;
- if a second violation is detected, then officials or individual entrepreneurs pay 10 to 20 thousand rubles, and citizens holding senior positions are disqualified for a period of 1 to three years;
- in case of repeated violations, firms pay a fine in the amount of 50 to 70 thousand rubles.
Additionally, representatives of the minor may demand compensation for moral damage.
Conclusion
Under article 265 of the Labor Code, minors can only be employed in optimal and light conditions. Employers should remember what kind of work can be done by such employees, what duration of the working week is assigned to them, and also what is the optimal output and salary.
In case of violation of the law, company leaders are held liable for various types of liability. Particularly stringent requirements are imposed on minors' employers; therefore, no violation of the rights of such workers is allowed.