Employment contract with persons 16 years old. Fixed-term employment contract with a minor - sample. The procedure for concluding an employment contract with minors

Often they take on temporary work for citizens of the Russian Federation who have not reached the age of majority. Much less often on an ongoing basis. The law protects citizens under the age of majority through various acts.

Particular interest is paid to relations among minors and their employers. Let's look at what main aspects exist for hiring children and teenagers.

The procedure for hiring minor citizens aged 14 to 18 years is described.

Conclusion of an employment contract with minors under the Labor Code

According to the Labor Code of the Russian Federation, the following conditions for concluding an employment contract with minors are unacceptable:

1. Operating in an unsafe and harmful environment.
2. Official travel and activities during overtime, holidays and weekends.
3. Work with loads that exceed the generally accepted limits set by law.
4. Being underground is detrimental to well-being and mental development.

Features of concluding an employment contract with minors

When drawing up an agreement, the following documents must be on hand:

1. Passport or other document confirming your identity.
2. SNILS.
3. Act on education, presence of specialized knowledge.
4. Army records.
5. A document confirming your health, which can be purchased during a medical examination.
6. Papers proving the approval of one of the parents.
7. Act of educational institution, with the training time noted.

The conclusion should indicate:

1. Papers confirming the identity of the employee.
2. Duration of the agreement.
3. Location, job functions of the employee and start date.
4. Circumstances of payment for work, the order of the working day and rest.
5. Circumstances of employee insurance.
6. Other circumstances before established by law.

The following supporting documents must be attached to the conclusion:

1. Instructions during operation.
2. Schedule and price for labor.
3. Non-disclosure agreement.

After signing the agreement and issuing a decree on hiring, the employee must be familiar with the internal regulations and other regulations, reflecting his upcoming work activities. In addition, the employee is required to read the safety instructions.

Termination of an employment contract with minor workers

The legislation of the Russian Federation introduces special circumstances for dismissal for persons under the age of majority. Retrenchment at the initiative of the employer is permitted only with the permission of certain government organizations, to protect the rights of minors. The exception to the rule is the elimination of a company.

Sample employment contract with a minor employee

Persons under the age of majority have the right to personally formalize working relationships from the age of sixteen. However, certain areas of work, also defined as work relationships, may employ younger people.

But in these cases, it is necessary to involve their representatives in creating an agreement - the father and mother and the guardianship authorities.

At what age can you conclude an employment contract as a general rule?

The law takes into account agreements with individuals over 16 years of age, and with individuals under 16 years of age, the agreement will be concluded subject to the fulfillment of certain conditions.

Employees who have reached 15 summer age, have the ability to enter into an agreement only for the performance of simple activities and under the following circumstances:

• There is primary education;
• Can continue to study;
• I quit studying under the Federal Law.

Students who have reached the age of 14 may have a work agreement in the following cases:

• There is an agreement in hand from one of the parents (father and mother);
• Work that does not cause any harm to well-being during work, in a period separate from study.

Individuals under 14 years of age have the opportunity to work in the following cases:

• This is a stage, cinema, concert or circus system;
• There is no damage to well-being;
• There is an agreement in hand from one of the parents (father or mother).

Example of an employment contract with a minor employee

Maxim Korolev (15 years old), works in the “Bachelor” cafeteria. He entered into an agreement in which it was written that he received payment only after the 5th month, and every month he was paid 60% of the total salary.

After 5 months, the entrepreneur wants to fire him without paying the rest of his salary, due to absenteeism (he only asked for time off 2 times, and then because of his studies).

Representatives of the State Inspectorate took charge of this and the entrepreneur had to pay the remaining amount, as well as properly formalize the dismissal.

Fixed-term employment contract with a minor employee - sample

Often, a fixed-term employment contract is concluded with an employee who has not reached the age of majority for a certain period (for example, during the holidays).

This type of agreement is more beneficial for the employer due to the fact that its validity period is specified. In this case, upon termination of the agreement, there will be no need to coordinate the dismissal with government agencies.

Having teenagers do simple, low-paid work is beneficial to the employer. But hiring a minor employee involves some difficulties related to the law. Errors in drawing up an employment contract and violation of its terms can lead to significant fines. However, knowledge of the labor code and compliance with its requirements will help the employer avoid trouble, and the employee will protect his rights.

Situations often arise in the labor market when companies hire teenagers between the ages of 14 and 18 for unskilled work. In this case, the employer is obliged to conclude an employment contract with minors, which has a number of features depending on the age of the employee.

Art. 63 of the Labor Code of the Russian Federation provides for the conclusion of an employment contract with persons
over 16 years of age, and with persons under 16 years of age, a contract can be concluded only if certain conditions prescribed by law are met.

Workers who have reached the age of 15 years have the right to enter into an employment contract only to perform light labor and provided that they:

• Received general education.
• They continue to master the general education program in a form of education other than full-time.
• We left general education in accordance with federal law.

Students who have reached the age of 14 have the right to enter into an employment contract if:

• Easy and healthy work during free time from study is guaranteed.

Persons under 14 years of age have the right to enter into an employment contract if:

• This is a theatrical, cinematic and concert organization, a circus.
• There is no harm to health and moral development.
• There is the consent of one of the parents (guardians), as well as the guardianship and trusteeship authority.

Employment contract A parent or guardian must sign on behalf of the minor employee. The guardianship and trusteeship authorities in their work permit prescribe the maximum permissible working day and other conditions.

Labor relations with minors are formalized in accordance with Chapter 11 of the Labor Code of the Russian Federation. To conclude an employment contract, the following documents must be provided:

• Passport or other identification document.
• SNILS, employment history, if it exists.
• A document confirming education, special knowledge or qualifications.
• Military registration documents (for persons from 16 to 18 years old).
• Certificate of health that the employee receives after passing medical examination.
• Documents confirming the consent of one parent or guardian, and written permission from the guardianship authorities (for persons 14 years of age and younger).
• Document from educational institution with the specified training mode (for those working in their free time from school).

According to Art. 57 of the Labor Code of the Russian Federation, the employment contract must indicate:

• Full name of the employee and information of the employer.
• Identification documents of the employee and employer.
• Taxpayer INN.
• Date and place of conclusion of the employment contract.
• Place of work, labor functions of the employee and date of start of work.
• Conditions of remuneration, working hours and rest.
• Conditions for compulsory social insurance of an employee.
• Other conditions provided for by labor legislation.

Additional documents must be attached to the employment contract:

• Job description.
• Work schedule and list of work prices.
• Non-disclosure agreement.
• Other additional agreements(if necessary).

After signing the contract and issuing an order for employment, the employee must be familiarized with the internal rules and other regulations that reflect his future labor activity. The employee must also undergo occupational safety training.

If necessary, the employer’s responsibilities include issuing a work book and pension certificate.

Fixed-term employment contract

Often, a fixed-term employment contract is concluded with a minor employee for a specific period of time (for example, during the holidays). Such an agreement is most preferable for the employer due to the validity period specified in it. In this case, when terminating the contract, there will be no need to coordinate the dismissal with the State authorities.

Only organizations with more than 35 employees and 20 employees in the field of consumer services and trade have the right to enter into a fixed-term contract. If the number of employees is smaller, conclude fixed-term contract possible for a period of no more than six months.

Features of an employment contract with minor workers

Concluding an agreement with persons under the age of 18 has some peculiarities. According to Art. 70 of the Labor Code of the Russian Federation, a minor employee is exempt from the probationary period when hired and does not bear full financial responsibility. He is responsible financially only in the cases prescribed in Art. 242 Labor Code of the Russian Federation:

• Damage caused as a result of an administrative violation, the commission of a crime or while intoxicated.
• Intentional causing of damage.

Minor workers belong to the category of persons who especially need social protection. The regulation of the labor of these workers is determined by Art. 265-272 of the Labor Code of the Russian Federation, which legally establish:

• Working conditions and wages.
• Work and rest schedule.
• Other aspects of work activity.

Minors are hired only after a medical examination (examination). And then, until they reach the age of 18, they are subject to an annual medical examination at the expense of the employer (Article 266 of the Labor Code of the Russian Federation).

Art. 92 of the Labor Code of the Russian Federation establishes reduced working hours for minors:

• For workers under 16 years of age - no more than 24 hours a week.
• For workers from 16 to 18 years old - no more than 35 hours per week.
• For those combining work and study from 14 to 16 years old - no more than 12 hours.
• For those combining work and study from 16 to 18 years old - no more than 17.5 hours.

Art. 94 of the Labor Code of the Russian Federation provides for a reduced work shift duration for minors:

• For workers from 15 to 16 years old - no more than 5 hours a day.
• For workers from 16 to 18 years old - no more than 7 hours a day.
• For those combining work and study from 14 to 16 years old - no more than 2.5 hours a day.
• For those combining work and study from 16 to 18 years old - no more than 4 hours a day.

According to Art. 265 of the Labor Code of the Russian Federation for minor workers the following is prohibited:

• Work in hazardous and harmful conditions labor.
• Business trips and work overtime and at night, on holidays and weekends (with the exception of creative workers, the list of works of which is defined in Decree of the Russian Federation No. 252 of April 28, 2007).
• Lifting weights exceeding the limits established by law.
• Underground work and work that is harmful to health and moral development (gambling business, work in cabarets and nightclubs, work related to alcohol and tobacco products, as well as with narcotic and toxic substances, goods of erotic content).

The list of jobs in which the work of minors is prohibited can be found in Decree of the Government of the Russian Federation No. 163 of February 25, 2000.

Paid leave for minor workers is provided annually at a time convenient for them, lasting 31 calendar days (Article 122 of the Labor Code of the Russian Federation). For persons under 18 years of age, recall from vacation, transfer of annual paid leave to next year and vacation replacement monetary compensation.

Wages for persons under 18 years of age, when paid on a time basis, are calculated taking into account the reduced working hours. In case of piecework wages, wages are paid according to established piecework rates.

Termination of an employment contract with a minor employee

The legislation of the Russian Federation establishes additional guarantees for minors. Dismissal at the initiative of the employer in accordance with Art. 269 ​​of the Labor Code of the Russian Federation is allowed only with the permission of the relevant Government agencies in cases of minors, protecting their rights. The only exception can be the liquidation of the enterprise.

The absence of consent from State bodies obliges the employer to reinstate the employee to his position with paid forced absence. The employer's refusal to reinstate entails administrative and financial liability.

For children left without parental care and orphans, when closing an enterprise, the employer is obliged, at his own expense, to provide them with vocational education and employment.

When terminating an employment contract, the general procedure provided for in Art. 84.1 Labor Code of the Russian Federation:

• The employee is notified of dismissal three days before the expiration of the employment contract.
• An order to terminate the employment relationship is issued with the signature of the employee.
• An entry is made in the employee’s work book on the basis of what and for what reason the employment contract was terminated.
• On the day of dismissal, the final payment is made to the employee and a work book is issued.
• The employee, upon his written application, is given copies of documents related to his work.

These are general rules concluding employment relationships with persons under 18 years of age. The employer is obliged to fulfill all the requirements established by law, and failure to comply with them leads to administrative liability in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation.

What you need to know when concluding an employment contract with minors:

Summer part-time jobs for schoolchildren and students

What are the peculiarities of remuneration for persons under 18 years of age?

During the summer holidays, many students and schoolchildren take part-time jobs. Let's look at the nuances of hiring such employees.
Peculiarities of employment of persons under the age of 18 are regulated by Chapter 42 of the Labor Code, as well as by a collective agreement and internal agreement (Article 272 of the Labor Code of the Russian Federation).

Age limit

An employment contract is allowed to be concluded with teenagers who have reached the age of 16 (Article 63 of the Labor Code of the Russian Federation).
To perform light work that does not cause harm to health, a 15-year-old worker can be hired if he has completed general education or is continuing his studies in the basic program general education in the evening or by correspondence. It is permissible to hire a 15-year-old even if he left his studies. At the age of 15 with the consent of parents (legal representatives) and local authority education department, a teenager has the right to stop studying at a general education institution.
The second case when a child is forcibly expelled from an educational institution is when he commits illegal actions. In this situation, he is also allowed to be hired. Confirmation of incomplete education will be a certificate issued by an educational institution (Article 19 of the Education Law of July 10, 1992 N 3266-1).
With the consent of one of the parents (guardian) and the guardianship authority, an employment contract can be concluded with a student who has reached the age of 14 to perform work in his free time from school (Article 63 of the Labor Code of the Russian Federation). The Code does not specify the form in which such consent must be obtained. In this regard, it is obvious that it can be given either orally or in writing. To avoid disputes, it is advisable to obtain written consent. The consent of the parent (guardian, trustee) can be included in the employment contract, after the signatures of the employer and employee. In practice, this is the most common option for obtaining the consent of the teenager’s legal representatives.

Sample. Parent's statement of consent to employment
underage teenager

Statement

I, Olga Petrovna Ivanova (passport series 45 11 N 987654, issued by the Koptevo Department of Internal Affairs, Moscow, September 2, 2002, registered at the address: Moscow, Volkova St., 11, apt. 155), I confirm my consent to the execution of an employment contract between IP Korneychuk and my daughter Ivanova Elena Alekseevna, born in 1994 (a copy of the birth certificate is attached) to perform work as an assistant manager.

As for persons under the age of 14, only cinematography organizations, theaters, theater and concert organizations, and circuses can enter into employment contracts with them.

Job responsibilities

It is necessary to pay attention to the list of jobs in which the employment of persons under the age of 18 is prohibited (Article 265 of the Labor Code of the Russian Federation). These are works with harmful and (or) dangerous working conditions, underground work, as well as work, the performance of which can cause harm to health and moral development (gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and other toxic drugs). The full list of heavy work was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163. Minors are not allowed to do work that involves carrying heavy objects manually. There are maximum cargo standards acceptable for teenagers, established by Decree of the Ministry of Labor of the Russian Federation dated April 7, 1999 N 7. When working with a teenager, you must remember that sending them to business trips, involvement in overtime work, work at night, on weekends and non-working days holidays. The exception is creative media workers, cinematography organizations, television and video crews, and theaters. The full list of exceptions was approved by Decree of the Government of the Russian Federation of April 28, 2007 N 252.
A few more restrictions. You cannot hire a teenager part-time (Article 282 of the Labor Code of the Russian Federation), as well as for work performed on a rotational basis(Article 298 of the Labor Code of the Russian Federation). Teenagers cannot maintain or use monetary or commodity values. Therefore, it is impossible to hire a schoolchild as a cashier. Minor workers do not bear full financial responsibility. Until the age of 18, an agreement on financial liability is not signed, therefore it will not be possible to fully compensate for the damage from the shortage (Article 244 of the Labor Code of the Russian Federation). But there is an exception here too. Damage can be fully compensated when the teenager committed intentional damage. It also includes damage caused while under the influence of alcohol, drugs or other toxic substances, as well as damage caused as a result of a crime or administrative offense (Article 242 of the Labor Code of the Russian Federation).

Agreement is the basis of relations

You can sign an employment contract with a minor employee for an indefinite period or a fixed-term contract, for example, during the holidays. Dismissal at the initiative of the employer of a person under 18 years of age, with the exception of the case of termination of the activities of an individual entrepreneur, in addition to compliance with the general procedure (warnings, 2-week work), is allowed only with the consent of labor inspection or commission for minors (Article 269 of the Labor Code of the Russian Federation).
It should be noted that entrepreneurs whose number of employees does not exceed 35 people (in the field of retail and consumer services - 20) has the right to enter into fixed-term contracts (Article 25 of the Labor Code of the Russian Federation). If these limits are violated, then a futures contract can only be concluded in certain cases, in particular, for the duration of the seasonal work. Not every job can be called such. Seasonal work is considered to be work that, due to climatic and other natural conditions performed during a certain period (season), usually not exceeding 6 months (Article 293 of the Labor Code of the Russian Federation). Upon expiration of the term, the teenager must be notified of dismissal 3 calendar days before dismissal (Article 79 of the Labor Code of the Russian Federation). If the contract is concluded for a period of up to two months, the employee has the right to resign by notifying the employer at least 3 days before the dismissal (Article 292 of the Labor Code of the Russian Federation). After 3 days, the teenager has the right to stop working. The dismissal itself is formalized in general procedure. An order (instruction) of the businessman is drawn up, with which the teenager must be familiarized with signature. On the day of termination of the employment contract, the individual entrepreneur issues a work book to the teenager and makes final payments to him.
Please note that in any case, minor employees probation not established (Article 70 of the Labor Code of the Russian Federation). After concluding an employment contract, the employer must issue an order for employment, familiarize the minor with it against signature, conduct instructions on labor protection, familiarize the teenager with internal regulations, etc. local acts organization and, if necessary, issue a work book and pension certificate.

Body check

To draw up an employment contract there is one more thing required condition. Persons under the age of 18 are accepted only after a preliminary medical examination. Subsequently, until they reach the age of 18, they are subject to an annual mandatory medical examination. Moreover, such inspections are carried out at the expense of the employer (Article 266 of the Labor Code of the Russian Federation). Businessmen often ignore this requirement, saving time and money on a medical examination. For this offense, as for any violation of labor legislation, the fine ranges from 1 to 5 thousand rubles. (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). A businessman can be punished only within two months from the date of the violation (Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

Operating mode

Normal working hours are 40 hours per week. Shorter sentences have been established for teenagers. Persons under 16 years of age work no more than 24 hours a week; from 16 to 18 years old - no more than 35 hours a week (Article 92 of the Labor Code of the Russian Federation).
Limits are also specified for the daily shift: 5 hours for workers aged 15 to 16 years, 7 hours for workers aged 16 to 18 years. The shift is shortened when work is combined with study in a general education institution, primary and secondary institution vocational education: 2.5 hours for persons aged 14 to 16 years, 4 hours - for persons aged 16 to 18 years (Article 94 of the Labor Code of the Russian Federation).
Despite the fact that teenagers work short hours, they have the right to rest during the shift along with other employees. The break for rest and food can range from 30 minutes to 2 hours. The specific duration is set general rules internal regulations. Moreover, in work time the break is not included (Article 108 of the Labor Code of the Russian Federation).

Salary

Now let's look at the remuneration of minors. Production standards for them are reduced - proportionally set duration working hours. No reduced standards are established for workers under the age of 18 who enter work after graduating from school or receiving primary vocational education. An entrepreneur has the right (but is not obligated) to independently establish those for young employees, establishing the norms in an internal agreement, regulation or employment contract (Article 270 of the Labor Code of the Russian Federation).
Piece work is paid at established piece rates. With time-based payment, wages are paid taking into account the reduced duration of the shift, in proportion to the time worked. An entrepreneur has the right to establish additional payments to young staff up to the salary level for the full duration of the shift (Article 271 of the Labor Code of the Russian Federation).
All salary taxes and contributions on payments to teenagers are calculated as usual.

Vacation

Employees under the age of 18 are provided with annual paid leave of 31 calendar days (for adult employees - 28). Please note that leave is granted at a time convenient for the teenager, and not for the employer, and not necessarily after 6 months of continuous work.
With the consent of the merchant, leave may be granted earlier.
Please note that for young workers, it is not allowed to transfer vacation to the next year (Article 124 of the Labor Code of the Russian Federation), recall from vacation (Article 125 of the Labor Code of the Russian Federation), or replace vacation with monetary compensation (Article 126 of the Labor Code of the Russian Federation).

Material prepared

Chief State Labor Inspector

on legal issues

Having celebrated his 18th birthday, a citizen becomes an adult. From this moment on, his right to conclude an employment contract is not limited in any way. However, this does not mean that you cannot get a job before reaching adulthood.

With the consent of the parents and subject to certain specifications, it is allowed to conclude an employment contract with a minor.

Requirements for the content of the contract are determined by the age of the child. Let's consider the features of an employment contract with a minor, from the very younger age and ascending.

Employment contract with a minor under 14 years of age

In the field of cultural and sports events, it is allowed to conclude an employment contract with an employee under fourteen years of age.

Cinema, theater stage, circus arena - this is a list of activities where the work of a child of a specified age can be involved. Labor function for a minor involves participation in the creation or performance of creative works.

Required condition– an employment contract with a minor cannot have a negative impact on his moral development or cause harm to health.

Supervision over the well-being of a minor worker is entrusted to the guardianship and trusteeship authorities. An employment contract cannot be concluded without the permission of the guardianship authorities. By issuing a permit, the guardianship stipulates the length of the working day, the maximum permissible for the child, and a list of conditions under which the work function must be carried out.

One of these conditions may be that work cannot interfere with the child’s education.

The employment contract is signed on behalf of the minor by his parents or guardians.

Before concluding an employment contract, a minor employee is required to undergo a medical examination. The purpose of the medical examination is to determine the presence of contraindications for the child to perform labor functions.

The requirement to undergo a medical examination before concluding an employment contract does not apply to minor athletes.

Employment contract with a minor from 14 to 15 years old

Upon reaching the age of 14, the range of jobs available to a child expands. The restriction on the use of minor labor only in the field of art and sports is lifted. In fact, a child can engage in any activity except those that are expressly prohibited by law.

However, restrictions still exist when concluding an employment contract with a minor who has reached 14 years of age. Here is their list:

• the duration of the work week is no more than 24 hours, which is reflected in the length of the working day (shift)
• in proportion to the shortened week and working day, the production rate should be reduced (if such is established)
• On weekends and holidays, a minor cannot be recruited to work, overtime work prohibited
• lifting and moving heavy objects is allowed within the following limits

The standards were approved by Resolution of the Ministry of Labor of the Russian Federation dated 04/07/1999 No. 7.

• minors from 14 to 15 are not sent on business trips
• Annual leave is 31 days and is granted at a convenient time. Feedback and compensation for leave are not permitted.
• full material liability applies only for intentional harm aggravated by intoxication (alcohol, drugs, toxins) or a crime
• at the initiative of the employer, an employment contract with a minor can be terminated subject to the prior approval of the state labor inspectorate and guardianship

Parents of an employee under 15 years of age may demand termination of the employment contract if they believe that the work is harmful to the child’s health.

Employment contract with a minor from 16 to 18 years old

• restrictions on annual medical examination remain
• the work week is extended to 35 hours

Registration of a minor for work

When concluding an employment contract with a minor, the latter may not have a completed work book and a certificate of pension insurance. In this case, the listed documents are prepared by the employer.

In advance, before a minor signs the text of an employment contract, the employer must familiarize him with the internal rules labor regulations, others personnel documents that relate to the performance of his labor function.

Hiring restrictions

It is not allowed to set a probationary period for a minor when hiring him.

Sample documents for applying for a minor to work:

Personal card of a minor

Order on hiring a minor

Employment contract with a minor

There are cases when enterprises are faced with situations in which it is more profitable to hire a minor than to sign an agreement with a full-fledged person. qualified worker. The process of hiring minors is regulated current Laws and requires a certain procedure.

If it is not adhered to, various negative consequences may occur, which may result in the imposition of liability on the enterprise. Therefore, the admission procedure workplace persons who are not adults must not only know, but also adhere to it.

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At what age can you enter into an agreement with minors?

Before moving on to consider this issue, it is necessary to consider the concept itself - a minor, and at what age can he be hired. It should be noted right away that these issues are clearly regulated Labor Code RF, and various letters of explanation written by the Government of our country.

In addition, there are laws regulating labor protection, which also widely consider the process of employing minors. Having analyzed the above legislation, we can say that a person is considered a minor until he reaches 18 years of age.

Modern labor legal practice divides workers who are not adults into several categories:

• up to 14 years old;
• from 14 to 15 years old;
• from 15 to 16 years old;
• from 16 to 18 years old.

Why exactly these age categories will be discussed in more detail:

• The first category of such workers is characterized by the fact that they can be involved in work related to various cultural and sporting events. This includes filming in films, television shows, participation in circus performances and sports competitions. Moreover, such minors cannot be involved in any work.
• Minors who belong to the second category can only get a job with light labor, and the mandatory consent of the father or mother, or the guardianship authority is required.
• Minors who belong to the third category can be hired with documents confirming receipt of general education. If this does not exist yet, then certificates must be provided that the employee is undergoing training at a correspondence or evening department of an educational institution. There are cases when a teenager does not have a general education at all, then the employer must ask the latter for a certificate stating that the minor voluntarily refused to receive education. And of course, permission from parents or the guardianship council is required.
• Teenagers belonging to the fourth category can take on work without the restrictions established for the first three categories. A full-fledged employment agreement is signed with them, with all rights and ensuing obligations.

It is important to know that such an agreement is drawn up only upon acceptance of such a person, aged 16 to 18 years. In other cases, the consent of the mother or father or the guardianship council is required.

Production standards

Next important issue in labor relations, where the employer and the minor worker act, are production standards.

First of all, it is necessary to talk about the jobs for which it is strictly forbidden to employ minors, these are:

• various underground works;
• harmful or dangerous production;
• various nightlife, entertainment and gambling establishments;
• at work that is in any way connected with alcoholic beverages, tobacco products, narcotic and psychotropic substances.

The determination of standards for the production of minors is based on the requirements of the Law. This is the time during which the minor was at his workplace performing work.

Minor workers to whom production standards apply are divided into two categories:

• up to 16 years old;
• from 16 to 18 years old.

Accordingly, each category has its own norm for production, or the length of the working day.

For the first category of minors, the duration of the total working week should not be more than 24 hours. That is, a work shift should not exceed 5 hours in one working day. But there are restrictions that are related to the issue of training an employee who has not reached the age of majority. If he is studying, then the work shift should last 2.5 hours. The lunch break must be at least 30 minutes, and of course this time is not included in working hours.

For the second category of minors, the working week is no more than 35 hours, or 7 hours per working day. Naturally, if a minor employee is undergoing training, then the duration of his daytime work should be no more than 4 hours. The break must also be at least 30 minutes.

General restrictions on production standards include the following factors:

• minors are prohibited from engaging in extracurricular work;
• employ them to work on a rotational basis;
• send them on business trips;
• work on night shifts, weekends or holidays;
• establish a probationary period;
• take part-time jobs;
• sign an agreement with them regarding any financial liability.

Some exceptions to these restrictions include the participation of teenagers in circus and sports performances, as well as filming. But this only applies to employment on weekends and holidays, and business trips.

Salary

If we talk about remuneration for minor workers, then it is necessary to proceed from the following requirements. Again, the Law divides minor workers into two categories, on which wages depend:

• The first category is minor workers who work and do not undergo training. In this case, it is established that their wages should be the same as those of adult workers performing similar work. Simply put, despite the fact that temporary production standards for minors are less than for full-time workers, their wages should be the same as adults.
• The second category of minor workers are those who combine work and study. In this case, the Law says that payment must correspond to production standards. That is, how many hours a minor has worked, for how many hours he will receive wages, based on the salary scale of an adult employee, for performing similar work.

You need to know this, since violations related to the payment of wages, not in full, entail serious consequences for the employer.

Leaves for minors

Minor workers enjoy the same right to receive vacations as all other categories of workers. But they have some rights that adults do not have, which are as follows:

• the total length of vacation should be 31 calendar days;
• leave cannot be granted in parts, this is prohibited by law;
• in no case should vacations for minors be replaced with monetary compensation;
• To receive the next tariff leave, a minor employee can contact the employer if the 6-month period has not passed.

There are no more restrictions.

Duration of concluding an employment contract

Among the employment contracts that are concluded with minor workers, two types can be distinguished:

• urgent;
• unlimited

In the first case, the employer and the teenager agree on the period during which the work will be performed. Fixed-term contracts are very popular, since 3 days before the agreed date, the parties must notify each other of their desire to extend the contract. If this is not the case, then it terminates on the last day of the established period. This is good for seasonal and other work that is needed for a certain period of time.

Open-ended employment contracts are characterized by the fact that between the employer and the minor employee there is no stipulation of the period after which labor Relations between them will be terminated. To terminate it, the employer must find compelling reasons, such as violation of labor discipline. Under such an agreement, it is difficult to dismiss a minor employee without his consent.

The following documents must be attached to any employment contract, regardless of whether it is fixed-term or not:

• job description of a minor employee;
• wage scale for his labor;
• working hours schedule;
• non-disclosure agreement for commercial information;
• various additional agreements, in case of making any additions to the employment contract.

And of course, before concluding employment contracts, the employer must make sure that the minor’s health allows him to perform the proposed work, that is, he must have a medical certificate that he is fit to perform certain work.

Features of drawing up an employment contract with a minor

• The first feature of such employment contracts is that the law does not require the consent of parents or the guardianship council, but does not indicate how it must be obtained (orally or in writing). All lawyers advise that consent must be written down in the contract itself, in a separate paragraph or column, where the parent’s signature or the signature and seal of an authorized representative from the guardianship authority should appear.
• The second feature of such contracts is that a fixed-term contract can be concluded between a minor employee and an organization with a staff of more than 35 people, in the case of a trade or service enterprise, 20 people. But the Law provides for the signing of such an agreement in the case of a smaller number of people, but the employer must justify that the minor will perform the necessary work for six months, and they must be provided for by the internal documents of the enterprise.

Speaking about an employment contract with a minor employee, it should be noted that it has its own characteristics, non-compliance with which can lead to violations of the rights of minors.

The employer must understand that minors are a special category of workers that require attention and strict compliance with the legislation regulating their rights and obligations.

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