Regulation of labor under 18 years of age. Labor Code of the Russian Federation on the use of minor labor. Reference. Labor regulation of workers
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TOOLKIT
FEATURES OF LABOR REGULATION OF WORKERS
UNDER THE AGE OF 18
Occupational Safety and Health Sector
Novokuibyshevsk 2014
1. Employment of persons under 18 years of age…………………………………………. 3
2. Employment contract with persons under 18 years of age…………………………………. 3
3. Working time and rest time for workers under 18 years of age…………………………………………………………………………………………. 8
4. Payment and standardization of labor for workers under 18 years of age…………………. 9
5. Financial liability of employees under 18 years of age……………… 10
1. Employment of persons under 18 years of age
It is not easy for persons under 18 years of age to find work, which requires establishing for them additional guarantees employment. In accordance with Art. 5 of the Law of the Russian Federation dated April 19, 1991 No. 1032-1 (as amended on July 2, 2013) “On employment in Russian Federation» state policy in the field of promoting employment is aimed at implementing measures to promote the employment of citizens who have difficulty finding work, including minors aged 14 to 18 years. According to Art. 13 of this Law, the state provides additional guarantees to citizens experiencing difficulties in finding work, through the development and implementation of programs to promote employment, the creation of additional jobs and specialized organizations, as well as by organizing training under special programs and other measures.
15 years - persons who have received general education or receiving general education
Light work that does not cause harm to health and moral development (Article 63 and the Labor Code of the Russian Federation)
Passing the preliminary medical examination(examinations)
14 years old - persons receiving general education
Light work performed in free time from receiving education, without causing harm to health, moral development and without prejudice to development educational program(Article 63 and Labor Code of the Russian Federation)
2) consent of one of the parents (guardian);
3) consent of the guardianship and trusteeship authority
Before reaching the age of 14:
1) passing a preliminary medical examination (examination);
3) permission from the guardianship and trusteeship authority, establishing the maximum permissible duration daily work and other conditions under which it will be performed;
Labor in the form of participation in sports events without harm to health and moral development (Articles 265 and 348.8 of the Labor Code of the Russian Federation)
1) passing a preliminary medical examination (examination);
2) consent of one of the parents (guardian);
3) permission from the guardianship and trusteeship authority, establishing the maximum permissible duration of the athlete’s daily work and other conditions under which it will be performed. Permission is issued on the basis of a preliminary medical examination (examination)
As can be seen from the table, when hiring persons under the age of 18, it is necessary to conduct a preliminary compulsory medical examination (examination) in order to determine the compliance of their health with the chosen job, as provided for in Art. 266 Labor Code of the Russian Federation. Subsequently, this category of workers, until they reach the age of 18, is subject to an annual compulsory medical examination (examination), which allows timely identification and elimination of the influence of unfavorable conditions. production factors and carry out a set of necessary treatment and preventive measures for the teenager. Medical examinations (examinations) carried out upon hiring and mandatory annual medical examinations (examinations) of employees under 18 years of age are carried out at the expense of the employer. When undergoing a mandatory annual medical examination (examination) for a minor employee in accordance with Art. 185 of the Labor Code of the Russian Federation remains average earnings at the place of work. If, as a result of a medical examination, HIV infection is detected in minors under the age of 18, employees of the institution that conducted the medical examination notify the parents or other legal representatives of these persons, as provided for in Art. 13 of the Federal Law of March 30, 1995 N 38-FZ "On preventing the spread in the Russian Federation of the disease caused by the human immunodeficiency virus (HIV infection)."
When concluding an employment contract with persons under 18 years of age, it is not allowed to establish a test in order to verify the employee’s compliance with the assigned work (Article 70 of the Labor Code of the Russian Federation).
When concluding an employment contract with a person under 18 years of age, it is necessary to take into account a number of restrictions established labor legislation for minors in order to protect their physical and moral health. So, in accordance with Art. 265 of the Labor Code of the Russian Federation prohibits the use of labor by persons under 18 years of age in heavy work, in work with hazardous or hazardous conditions labor, as well as in underground work. The list of heavy work and work with harmful or dangerous working conditions, during which the use of labor by persons under 18 years of age is prohibited, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163. When compiling it, a number of factors that could have a negative impact were taken into account on the body of an employee under 18 years of age: the presence of toxic substances and allergens, noise, vibration, unfavorable temperature regime, the severity and tension of the labor process, etc. The List, in particular, includes work with harmful and dangerous working conditions in all chemical industries, in the metallurgical industry, in mechanical engineering, work on the disposal and processing of radiation waste, on the acceptance and issuance of weapons, work with carcinogenic substances, products and drugs, all types of work in AIDS treatment and diagnosis centers and many others.
Persons under 18 years of age are not allowed to work with narcotic drugs and psychotropic substances in accordance with clause 4 of the Rules for the admission of persons to work with narcotic drugs and psychotropic substances, approved by Decree of the Government of the Russian Federation of August 6, 1998 N 892.
It is prohibited for workers under the age of 18 to carry or move heavy loads that exceed the limits established for them. The norms of maximum permissible loads for persons under 18 years of age when lifting and moving heavy objects manually are approved by Resolution of the Ministry of Labor of Russia dated April 7, 1999 N 7. The maximum permissible weight of a load when lifting and moving heavy objects manually constantly during a work shift is for boys and girls 14 - 15 years old - 3 kg and 2 kg, respectively, and 16 - 17 years old - 4 kg and 3 kg. In addition, the Resolution defines the norms of maximum permissible loads in the case of lifting and moving a load manually for no more than 1/3 of a work shift, as well as the maximum total mass of load moved during a work shift when lifting from a working surface and from the floor. Lifting and moving heavy objects within the specified Standards is permitted if it is directly related to the work being performed. professional work. The mass of the lifted and moved cargo includes containers and packaging.
Workers under the age of 18 are not involved in work performed on a rotational basis(Article 298 of the Labor Code of the Russian Federation), does not have the right to conclude an employment contract with religious organization(Article 342 of the Labor Code of the Russian Federation), cannot be hired for departmental security (Article 6 of the Federal Law of April 14, 1999 N 77-FZ “On Departmental Security”).
The terms of employment contracts concluded with employees under 18 years of age change according to general rules, provided for by the Labor Code of the Russian Federation.
Additional guarantees are provided for employees under 18 years of age upon termination of an employment contract.
For workers under the age of 18, certain features are provided for establishing production standards. In accordance with Art. 270 of the Labor Code of the Russian Federation, they are determined based on general norms output in proportion to the reduced working hours established for minor workers. Part 2 of this article provides for the possibility of establishing reduced production standards for workers under the age of 18 who enter work after graduating from general education institutions and primary educational institutions. vocational education, as well as past professional education in production, in accordance with labor legislation and other regulatory legal acts, containing labor law norms, collective agreements, agreements, local regulations, employment contract.
5. Financial liability of employees under 18 years of age
Labor legislation limits the possibility of attracting workers under 18 years of age to full-time financial liability. In accordance with Art. 242 of the Labor Code of the Russian Federation, these employees are obliged to compensate the damage caused to the employer in full only if it was caused either intentionally, or in a state of alcohol, narcotic or other toxic intoxication, or as a result of the commission of a crime or administrative offense.
An agreement on full financial liability cannot be concluded with employees under the age of 18, as provided for in Art. 244 Labor Code of the Russian Federation.
Establishing Features legal regulation labor relations of workers under 18 years of age is a manifestation of the state’s special concern for preserving the physical and moral health of the younger generation.
Taking into account the physiological characteristics of women and young people, the labor legislation includes special standards for labor protection of women and young people.
FEATURES OF WOMEN'S LABOR REGULATION
Labor protection standards for women can be divided into two groups:
standards that apply to all women;
regulations that apply to pregnant women and mothers with children, or persons with family responsibilities.
The following rules apply to all women.
The use of women's labor is limited: in heavy work; at work with harmful and (or) dangerous working conditions; in underground work, with the exception of non-physical work and work on sanitary and consumer services (Article 253 of the Labor Code of the Russian Federation).
The Government of the Russian Federation has established a maximum acceptable standards loads for women when lifting and moving heavy objects manually:
when alternating with other work (up to 2 times per hour) - 10 kg;
constantly during the work shift - 7 kg.
The amount of dynamic work performed during each hour of a work shift when moving a load over a distance of 1 to 5 m should not exceed: from the working surface - 1750 kgm;
from the floor - 875 kgm.
When moving loads on trolleys or in containers, the applied force should not exceed 10 kg.
FEATURES OF LABOR REGULATION FOR WOMEN AND PERSONS WITH FAMILY RESPONSIBILITIES
Pregnant women are prohibited: send them to business trips; involve in overtime work; involve in work at night; engage in work on weekends and non-working days holidays.
FEATURES OF LABOR REGULATION OF WORKERS UNDER THE AGE OF EIGHTEEN YEARS
It is prohibited (Article 265 of the Labor Code of the Russian Federation) to employ persons under 18 years of age:
at work with harmful or dangerous working conditions;
in underground work;
at work, the performance of which may harm their health and moral development: gambling business; work in night cabarets and clubs; production, transportation and trade of alcoholic beverages, tobacco products, narcotic and other toxic drugs;
engage workers under the age of 18 to work: overtime (with the exception of creative workers, professional athletes, etc.), at night, on weekends and non-working holidays, and send them on business trips (Article 268 of the Labor Code of the Russian Federation);
carrying and movement by workers under the age of 18 of weights exceeding the maximum standards established for them (Article 265 of the Labor Code of the Russian Federation).
Teenagers should not be assigned to work that consists solely of carrying or moving heavy objects weighing more than 4.1 kg.
Moving heavy objects by teenagers should not take more than 1/3 of the working day.
The maximum norm for moving weights for minors is (SanPiN 2.4.6.664-97):
When moving goods on trolleys or in containers, the applied force should not exceed:
for boys 14 years old - 12 kg, 15 years old - 15 kg, 16 years old - 20 kg, 17 years old - 24 kg;
for girls 14 years old - 4 kg, 15 years old - 5 kg; 16 years old - 7 kg; 17 years old - 8 kg.
Production standards for workers under 18 years of age:
are established in proportion to the reduced working hours;
may be reduced in cases and in the manner established by the Labor Code of the Russian Federation, other regulatory legal acts, collective agreements, agreements, local regulations or an employment contract (Article 270 of the Labor Code of the Russian Federation).
FEATURES OF LABOR REGULATION FOR DISABLED PEOPLE
Disabled people employed in organizations, regardless of organizational and legal forms and forms of ownership, must be provided with working conditions in accordance with an individual rehabilitation program for disabled people, which is mandatory for all employing organizations (Part 1 of Article 23 and Part 2 of Article 11 of the Law on the protection of persons with disabilities).
For the rational employment of disabled people in accordance with the individual rehabilitation program, special jobs are created by adapting basic and auxiliary equipment, technical and organizational equipment, providing technical devices taking into account the individual capabilities of disabled people, etc.
The minimum number of special jobs for employing people with disabilities is established by the executive authorities of the constituent entities of the Russian Federation for each organization within the established quota. Such jobs are created at the expense of the federal budget and funds from the budgets of the constituent entities of the Russian Federation. Special jobs for employing disabled people who received illness or injury while performing military service duties or as a result of natural disasters and ethnic conflicts are created using federal budget funds. Special workplaces for persons who have become disabled due to industrial accidents or occupational diseases, are created at the expense of employers who cause harm (Article 22 of the Law on the Protection of Persons with Disabilities).
On limiting the involvement of disabled people in night work, overtime work and work on weekends and non-working holidays, Art. 96, 99 and 113 TK.
In addition to working under an employment contract, citizens who have become disabled can take part in medical treatment labor activity. Involvement of disabled people in these activities is carried out on a voluntary basis inpatient institutions social services, in which they live, in accordance with individual programs rehabilitation.
Premises and equipment for medical and occupational activities must meet safety and hygiene requirements. Citizens participating in medical and labor activities are provided with special clothing, special shoes and other personal protective equipment according to established standards, taking into account the type and nature of the activity. The duration of work should not exceed 4 hours per day.
Collective agreements and labor protection agreements may establish additional labor protection guarantees both for certain categories of employees and for employees of individual structural divisions.
Teenagers (minor citizens from 14 to 18 years old) are a special social group. Restrictions on the use of adolescent labor are aimed, first of all, at preventing the negative impact of production factors on the development, health, moral and mental state of a minor. Special restrictions and benefits relate to the age limit for employment, the introduction of a shortened working week, the prohibition of work on night shifts, and the determination of suitability for a certain type of activity on the basis of a mandatory medical examination, both preliminary (upon admission) and periodic.
Hiring a minor
The employer is obliged to conclude an employment contract with a minor, just like with any employee. But when concluding an employment contract with a minor worker, there are some nuances.
Article 63 of the Labor Code of the Russian Federation allows concluding an agreement only with persons over 16 years of age. Those who are younger can only sign an employment contract if they have already completed their studies at school.
It is not prohibited to enter into an agreement with persons 15 or even 14 years of age, but mandatory conditions to conclude an employment contract with this category are:
1) consent of one of the parents (guardian) and the guardianship authority;
2) work should not interfere with studies;
3) the work should be easy and not cause harm to the teenager’s health.
If the contract is concluded for the first time, the organization is obliged to issue the teenager work book and a certificate of state pension insurance (Article 65 of the Labor Code of the Russian Federation). The law actually excludes the possibility of a minor worker entering a job that requires special knowledge or special training, which must be confirmed by a document on education.
Article 70 of the Labor Code of the Russian Federation indicates that an organization does not have the right to establish for a minor probation.
Before starting to work in an organization, a minor is required to undergo a preliminary medical examination (examination) and subsequently, until he reaches the age of eighteen, a mandatory annual medical examination (examination) (Article 266 of the Labor Code of the Russian Federation). These medical examinations are carried out at the expense of the employer, and in accordance with Article 185 of the Labor Code of the Russian Federation, his average earnings are retained during the annual examinations.
Working hours
Abbreviated work week(Article 92 of the Labor Code of the Russian Federation), it is established:
1) for workers under 16 years of age - no more than 24 hours a week;
2) for workers from 16 to 18 years old - no more than 35 hours per week;
3) for workers under 16 years of age studying in any educational institution - no more than 12 hours (literally, cannot exceed half the norm established by part one of Article 92 of the Labor Code of the Russian Federation);
4) for workers from 16 to 18 years of age studying in any educational institution - no more than 18 hours.
In addition, Article 94 of the Labor Code of the Russian Federation also establishes for minors the maximum permissible duration of daily work (shift):
1) for workers aged fifteen to sixteen years - no more than 5 hours;
2) for workers aged sixteen to eighteen years - no more than 7 hours;
3) for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from fourteen to sixteen years - no more than 2.5 hours;
4) for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from sixteen to eighteen years - no more than 4 hours.
Work in which the employment of persons under the age of eighteen is prohibited
According to Art. 265 of the Labor Code of the Russian Federation, minors cannot be employed in:
1) underground work;
2) work that may harm their health and moral development (for example, in the gambling business, in night cabarets and clubs, as well as in the transportation, production and trade of alcoholic beverages, tobacco products, narcotic and other toxic drugs);
3) hard work;
4) work with harmful or dangerous working conditions.
In accordance with the wording of part three of Article 265 of the Labor Code of the Russian Federation, the list of works in which the use of labor by workers under the age of eighteen years is prohibited, as well as the maximum weight standards are approved in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations ( Today, Decree of the Government of the Russian Federation of February 25, 2000 No. 163 (as amended by Decree of the Government of the Russian Federation of June 20, 2001 No. 473) continues to be in force, approving the List of heavy work and work with harmful and dangerous working conditions in which the use of labor is prohibited persons under 18 years of age).
In addition, Art. 268 of the Labor Code of the Russian Federation prohibits:
1) involve minors in overtime work;
2) call on the night shift;
3) send on business trips;
4) weekends and non-working holidays.
Also Art. 282 of the Labor Code of the Russian Federation prohibits organizations from hiring a minor for part-time work, or involving him in work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation).
Remuneration for workers under eighteen years of age
Article 271 of the Labor Code of the Russian Federation establishes the following wages for workers under the age of 18:
With time-based wages, wages are paid taking into account the reduced duration of work.
The employer has the right, at the expense own funds make additional payments up to the level of wages of workers of the corresponding categories for the full duration of daily work. For piecework work, labor is paid at established piecework rates. The employer may establish an additional payment at his own expense up to tariff rate for the time by which the duration of daily work is reduced.
For workers under 18 years of age studying in general educational institutions, educational institutions of primary, secondary and higher vocational education and those working in their free time from study - payment is made in proportion to the time worked or depending on output.
The employer may establish additional payments for these employees wages at our own expense.
Leaves for minor workers
Article 267 of the Labor Code of the Russian Federation determines that employees who are not yet 18 years old must be provided with annual paid leave of at least 31 calendar days at a time convenient for them.
Paid leave can be provided to employees under the age of 18 and up to 6 months continuous operation according to their application (Article 122 of the Labor Code of the Russian Federation).
Also Art. 116 of the Labor Code of the Russian Federation provides for the possibility of providing minor employees with additional paid leaves provided for by law, collective and labor agreements.
For employees under the age of 18, Article 124 of the Labor Code of the Russian Federation prohibits failure to provide annual paid leave, and Article 125 does not allow them to be recalled from leave. In addition, employees under the age of 18 are not allowed to be replaced monetary compensation annual basic paid leave and annual additional paid leave (with the exception of payment of monetary compensation for unused leave upon dismissal) (Article 126 of the Labor Code of the Russian Federation).
Dismissal of a minor employee
A minor employee can be dismissed for the same reasons as any other employee of the organization. But it should be borne in mind that before dismissing a minor employee, the employer must obtain the consent of the territorial state inspection labor and the commission on affairs of minors and protection of their rights (Article 269 of the Labor Code of the Russian Federation).
If the minor is dismissed due to at will, then the organization must also report this to the commission on juvenile affairs. This must be done within three days from the date of submission of the application. This is the requirement of Art. 11 Decree of the Presidium of the Supreme Council of the RSFSR dated June 3, 1967 No. BN “On approval of the Regulations on juvenile affairs.”
According to Federal Law No. 159 of December 4, 1996 “On additional guarantees for social support orphans and children left without parental care" to employees and persons from among these categories released from organizations due to their liquidation, reduction in number or staff, employers (their legal successors) are obliged to provide, at their own expense, the necessary vocational training with subsequent employment in this or other organizations.
If a minor employee is a member of a trade union, then the employer, when making a decision on the possible termination of an employment contract with him, must take into account the reasoned opinion of the primary authority. trade union organization in the following cases:
Reduction in the number or staff of an organization or individual entrepreneur;
Inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results;
Repeated failure by an employee to comply without good reasons labor responsibilities, if he has a disciplinary sanction.
Financial liability of a minor
Full financial responsibility is assigned to the minor, subject to the restrictions established by law RF. It is this restriction that does not allow the conclusion of an agreement on full financial liability with a minor employee.
Part 3 Art. 242 of the Labor Code of the Russian Federation establishes full financial liability of an employee under the age of 18 only in the following cases:
1) intentional infliction of damage;
2) causing damage while under the influence of alcohol, drugs or toxic substances;
3) causing damage as a result of committing a crime or administrative offense.
Now schoolchildren and students have fewer problems with employment. Along with specialized centers for youth, they can also contact largerecruitment agencies.
Minors are a special social group; an entire chapter is devoted to the application of labor in the Labor Code of the Russian Federation (Chapter 42 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ; adopted by the State Duma of the Federal Assembly of the Russian Federation on December 21, 2001). At the same time, a number of provisions concerning the use of their labor are enshrined in other chapters of the Labor Code of the Russian Federation. Restrictions on the use of adolescent labor are aimed primarily at preventing the negative impact of production factors on the development, health, moral and mental state of a minor.
Age
The Labor Code determines the age at which citizens are hired - 16 years. It is possible to hire from the age of 15 persons who have received basic general education or have left in accordance with federal law educational institution. But when concluding an employment contract with a minor worker, there are some nuances.
Article 63 of the Labor Code of the Russian Federation allows concluding an agreement only with persons over 16 years of age. Those who are younger can only sign an employment contract if they have already completed their studies at school.
Employment of persons over 14 years of age is permitted. Based on Part 3 of Article 63 of the Labor Code of the Russian Federation, the mandatory conditions for concluding an employment contract with this category are: written consent of one of the parents (guardian, trustee) and the guardianship and trusteeship authority; work should not interfere with studies; the work should be easy and not cause harm to the teenager’s health. If the contract is concluded for the first time, then the organization is obliged to issue a work book for the teenager and a certificate of state pension insurance (Article 65 of the Labor Code of the Russian Federation).
There is a provision in the Labor Code of the Russian Federation that determines the possibility of entering into labor Relations minors under 14 years of age. This exception on the basis of Part 4 of Article 63 of the Labor Code of the Russian Federation is established for cinematography organizations, theaters, theatrical and concert organizations, circuses in relation to minors for participation in the creation and (or) performance of works without harm to health and moral development.
Article 70 of the Labor Code of the Russian Federation indicates that the organization does not have the right to establish a probationary period for a minor. Before starting to work in an organization, a minor is required to undergo a medical examination (Article 266 of the Labor Code of the Russian Federation). Thereafter, the employee must undergo a medical examination annually until he reaches 18 years of age.
Working hours
Workers under 18 years of age have reduced working hours. Article 91 of the Labor Code of the Russian Federation establishes normal duration working week - 40 hours. But it should be taken into account that for employees under 18 years of age, a shortened working week is established (Article 92 of the Labor Code of the Russian Federation), namely: for employees under 16 years of age - no more than 24 hours; for workers from 16 to 18 years old - no more than 36 hours; for workers under 16 years of age studying in any educational institution - no more than 12 hours; for workers from 16 to 18 years of age studying in any educational institution - no more than 18 hours. In addition, Article 94 of the Labor Code of the Russian Federation also establishes for minors the maximum permissible duration of daily work (shift): for workers aged 15 to 16 years - no more than 5 hours; for workers aged 16 to 18 years - no more than 7 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from fourteen to sixteen years - no more than 2.5 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from sixteen to eighteen years - no more than 3.5 hours.
On the basis of Part 3 of Article 176 of the Labor Code of the Russian Federation, employees studying in evening (shift) general educational institutions during the academic year are assigned, at their request, a working week shortened by one working day or by the corresponding number of working hours (if the working day is shortened during weeks). During the period of release from work, employees are paid 50% of the average earnings at their main place of work, but not less than minimum size wages.
Works where the use of labor is prohibitedminors
Current legislation imposes restrictions on the employment of persons under the age of 18. These restrictions are due to: working conditions; the weight of the load carried or moved by the employee; the nature of the work performed; work regime. Persons under the age of 18 are not allowed to work in harmful and (or) dangerous working conditions. According to Art. 265 of the Labor Code of the Russian Federation, minors cannot be employed in: underground work; work that may harm their health and moral development (for example, in the gambling business, in night cabarets and clubs, as well as in the transportation, production and trade of alcoholic beverages or tobacco products); hard work; working in harmful or dangerous working conditions.
The list of heavy work and work with harmful and dangerous working conditions, in which it is prohibited to use the labor of persons under 18 years of age, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163.
In addition, the Labor Code of the Russian Federation prohibits: involving minors in overtime work; call on the night shift and on weekends: the prohibition of using minors at night is established by Article 96 of the Labor Code of the Russian Federation. The work shift of an employee under 18 years of age must begin no earlier than 6 a.m. and end no later than 10 p.m.
Workers under 18 years of age cannot be sent on business trips. This restriction also applies to business trips in the same area, when the employee has the opportunity to return home every day. As an exception, in accordance with Article 268 of the Labor Code of the Russian Federation, the employer is allowed to send on business trips, involve overtime work, work at night, on weekends and non-working holidays of minors who are creative workers mass media, cinematography organizations, theaters, theatrical and concert organizations, circuses and participate in the creation and (or) performance of works, as well as professional athletes. Lists of such professions are approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations. Until such lists are established, sending minors on business trips, engaging them in overtime work, night work, on weekends and non-working holidays is impossible.
Production standards and wages
Article 270 of the Labor Code of the Russian Federation stipulates that production standards for persons under 18 years of age are determined based on the general standards established for adult workers, in proportion to the reduced working hours established for minors.
Thus, for minors aged 16 to 18 years, the production rate established for adult workers working 40 hours a week is recalculated in proportion to the reduced working hours established for them, namely, in relation to 36 hours a week.
Article 271 of the Labor Code of the Russian Federation establishes the following wages for workers under the age of 18: with a time-based wage system, wages for minors are paid based on established tariff rates, official salaries in proportion to the time worked - respectively 36 hours or 24 hours a week (for those who do not combine training with work) and 18 hours or 12 hours a week (for those who combine training with work in their free time). Under the piece-rate wage system, the work of persons under 18 years of age is paid at the established piece-rate rates for adult workers, taking into account the production norm established for young workers. For workers under the age of eighteen, studying in general education institutions, educational institutions of primary, secondary and higher vocational education and working in their free time from study, payment is made in proportion to the time worked or depending on output. The employer can provide these employees with additional wages at their own expense.
Leave of absence for minor workers. Employees under the age of 18 are provided with annual basic paid leave of 31 calendar days at a time convenient for them (Article 167 of the Labor Code of the Russian Federation). This applies to all minor workers, incl. part-time workers work time. During the working period of a minor employee, it is not allowed to replace annual paid leave with monetary compensation (Article 126 of the Labor Code of the Russian Federation). Payment of monetary compensation is possible only in the event of termination of the employment contract.
The Labor Code of the Russian Federation provides for the possibility of providing minor workers with additional paid leaves provided for by law, as well as collective and labor agreements. Thus, an employee who combines work with study is entitled to additional leave while maintaining average earnings, so that the teenager has time to prepare and pass exams and tests. Also, at the request of the student, the organization is obliged to put him on leave without pay. For example, to pass entrance exams.
The material was prepared based on information from open sources
"Personnel officer. Labor law for personnel officer", 2010, N 1
CONDITIONS AND REMEDY OF EMPLOYEES UNDER 18 YEARS OF AGE
The author of the article, having analyzed the requirements of the current labor legislation for concluding an employment contract with minor, comes to the conclusion that the state, which seeks to protect minor workers, deliberately worsens the situation of such workers.
Safety principles
According to the legislation of the Russian Federation, employees under 18 years of age are provided with benefits when combining work with training, conducting an annual compulsory medical examination, quotas for employment, termination of an employment contract and other benefits.
Of course, from the point of view of the child’s physical and mental development, this position of the legislator is fully consistent with common sense and international standards in the field of labor. The body of a minor worker cannot withstand the load like an adult; in addition, the state is interested in ensuring that the population of our country is healthy, and therefore the legislator describes in detail what jobs minors are not allowed to do. The psychophysiological characteristics of the body of minors and the need for full-fledged education often require special conditions labor, additional guarantees that are developed and enshrined in current legislation.
SanPiN 2.4.6.664-97 establishes the criteria:
Determining the admissibility of employing persons under 18 years of age;
Selection of professions and types of work for the predominant use of adolescent labor and employment in free time from school.
The basic principles for determining safe activities for adolescents are:
Compliance with age and functional capabilities;
No adverse effects on growth, development and health;
Elimination of increased risk of injury for yourself and others;
Taking into account the increased sensitivity of the adolescent body to the effects of factors in the working environment.
Restrictions on working conditions
Note. Restrictions on the work of minors in documents
Labor Code RF - Ch. 42.
Federal Law of July 27, 2004 N 79-FZ “On State civil service Russian Federation" (as amended on July 18, 2009 N 280-FZ) - Article 21.
Federal Law of April 14, 1999 N 77-FZ “On Departmental Security” (as amended on May 7, 2009) - Art. 6.
Federal Law of July 24, 1998 N 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation” (as amended on June 3, 2009).
Decree of the Government of the Russian Federation dated February 25, 2000 N 163 “On approval of the List of heavy work and work with harmful or dangerous working conditions, during which the use of labor by persons under eighteen years of age is prohibited” (as amended on June 20, 2001) - in the text of the List.
Decree of the Government of the Russian Federation dated 08/06/1998 N 892 “On approval of the Rules for the admission of persons to work with narcotic drugs and psychotropic substances” (as amended on 11/17/2004).
Order of the Ministry of Health and Social Development of Russia dated August 31, 2007 N 569 “On approval of the Procedure for certification of workplaces based on working conditions.”
Resolution of the Ministry of Labor of Russia dated 04/07/1999 N 7 "On approval of the Norms of maximum permissible loads for persons under eighteen years of age when lifting and moving heavy objects manually", in the text - Load Norms.
Resolution of the Chief State Sanitary Doctor of the Russian Federation dated 04/04/1997 N 5 “On approval sanitary rules and norms", in the text - SanPiN 2.4.6.664-97.
According to Art. 265 of the Labor Code of the Russian Federation, persons under the age of 18 cannot be hired for work with harmful and dangerous working conditions, for underground work, as well as for other work, the performance of which may cause harm to their health. In accordance with the List, the labor of minors in mining and underground work related to blast furnace production, processing of non-ferrous metals, production of electronic products, reclaimed materials, chemical products and many others is prohibited.
An employer may employ the labor of persons under 18 years of age in jobs included in the List, if created safe conditions labor, confirmed by the results of certification of workplaces, there is a positive conclusion of the state examination of working conditions and service of the State Sanitary and Epidemiological Supervision of the constituent entity of the Russian Federation. Certification of workplaces according to working conditions includes a hygienic assessment of existing conditions and the nature of work, an assessment of the safety of workplaces and taking into account the provision of workers with personal protective equipment.
In addition, workers under the age of 18 are prohibited from carrying and moving heavy loads that exceed the maximum standards established for them.
The following must be taken into account:
1. Lifting and moving heavy objects within the specified standards is allowed if it is directly related to the permanent professional work performed.
2. The mass of the lifted and moved cargo includes the mass of containers and packaging.
3. When moving goods on carts or in containers, the applied force should not exceed:
For boys: 14 years old - 12 kg, 15 years old - 15 kg, 16 years old - 20 kg, 17 years old - 24 kg;
For girls: 14 years old - 4 kg, 15 years old - 5 kg, 16 years old - 7 kg, 17 years old - 8 kg.
As practice shows, employers generally comply with the requirements of the Load Standards. And during inspections, labor inspectors do not reveal any violations. But this does not mean that the rights of workers under 18 years of age in this area are fully respected. Very often, employment contracts (if they are drawn up, of course) do not contain conditions related to carrying and lifting heavy objects, for example, if the child works as a salesperson. In addition, the minor employee himself will not report violations. Most of these workers do not know their rights or do not know where to turn for help. And even if they do know, they will not complain in order to save their job. In this situation, we can only rely on the employer’s legal awareness.
Working hours
Please note that a minor employee is prohibited from:
Sent on business trips. Ban in quality general rule sending workers under eighteen years of age on business trips also applies to business trips in the same area when it is possible to return home every day;
Involvement in overtime work. Overtime in relation to minor workers is work performed in excess of the duration of daily work (shift) established in the organization, taking into account Art. 94 Labor Code of the Russian Federation. If a minor works part-time, then engaging him in work beyond the working hours stipulated by the employment contract, but within the limits of the daily work (shift) duration established for persons under 18 years of age (see Article 94 of the Labor Code of the Russian Federation), cannot be considered as involvement in overtime work;
Night work. Night time is considered to be the time from 10 pm to 6 am (Article 96 of the Labor Code of the Russian Federation). The legislation establishes a uniform amount of night time for adult and minor workers. The work shift of an employee under 18 years of age must begin no earlier than 6 a.m. and end no later than 10 p.m.;
Work on weekends and non-working holidays. Involving workers under 18 years of age to work on weekends (Article 111 of the Labor Code of the Russian Federation) and non-working holidays (Article 112 of the Labor Code of the Russian Federation) is unacceptable even with their consent.
The only exception is the work of professional athletes, persons involved in the creation and (or) performance of works, creative workers:
Mass media;
Cinematography organizations;
Theaters;
Theater and concert organizations;
The prohibition as a general rule from sending workers under 18 years of age on business trips also applies to business trips in the same area when it is possible to return home every day.
In addition, minors cannot also be involved in work:
At the same time;
On a rotational basis, since these jobs involve traveling to another area and long work shifts, which is prohibited for minors;
In religious organizations;
On public office public service;
For work the performance of which will require the employee to enter into an agreement on full financial responsibility, since such an agreement cannot be concluded with a minor (Article 242 of the Labor Code of the Russian Federation);
To departmental security;
With narcotic drugs and psychotropic substances.
We should not forget about the mental state of the child. As teenagers grow older, they develop abstract and rational thinking. Moral principles are being formed. It is very important that the work does not harm the development of the individual. The state is interested in raising a worthy citizen, and for this purpose certain restrictions have been established regarding the work of teenagers in nightclubs, gambling, production, transportation and trade of alcoholic beverages and tobacco products (Article 265 of the Labor Code of the Russian Federation).
Guarantees and benefits
It should be noted that the state has also taken care to reduce the working hours for minors. The following working hours are established for young workers:
No more than 24 hours per week - for workers under 16 years of age;
No more than 35 hours per week - for workers aged 16 to 18 years.
As for students of educational institutions under the age of eighteen who work during the academic year in their free time from school, the duration of their working hours cannot exceed half of the specified norms.
In this case, the duration of daily work (shift) cannot exceed:
5 hours - for workers aged 15 to 16 years;
7 hours - for workers aged 16 to 18.
The labor of students in general education institutions, educational institutions of primary and secondary vocational education, who combine study with work during the school year, can be used only 2.5 hours a day (workers aged 14 to 16 years) and 3.5 hours (workers from 16 to 18 years old).
An essential point in the labor status of minors is production standards. According to current labor legislation, they are one of the important components of labor standards.
According to Art. 160 of the Labor Code of the Russian Federation, labor standards include production standards, time standards, number standards and other standards that are established in accordance with the achieved level of technology, technology, organization of production and labor. Thus, the labor standard is a collective concept. Along with those listed in Part 1 of Art. 160 of the Labor Code of the Russian Federation, there are other labor standards (for example, these include service standards).
Dictionary of labor law. The labor standard represents the volume of the work task to be performed. Their implementation is one of the main duties of workers, including those under the age of eighteen.
Output standards include the volume of a work task, established in natural units (tons, kilograms, meters, pieces, etc.), which each worker or group of workers (for example, a work team or a certain shift) must complete at a certain time.
Service standards represent the volume of a work task, expressed in a certain number of objects (units of equipment, production space, etc.) that an employee must service within a certain unit of time.
For workers under the age of 18, production standards are established based on general production standards in proportion to the reduced working hours established for these employees.
For minors entering work after graduating from general education institutions and educational institutions of primary vocational education, as well as having undergone vocational training on the job, in accordance with labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations, an employment contract may establish reduced production standards (Article 270 of the Labor Code of the Russian Federation).
At the same time, the annual basic paid leave for young workers is granted for a duration of 31 calendar days. At the request of a minor, leave must be granted at a time convenient for him, including before the expiration of 6 months of continuous work. Replacement of annual paid leave with monetary compensation for persons under 18 years of age is not permitted.
In addition, for young workers who combine work with study in educational institutions of primary, secondary or higher vocational education, labor legislation provides guarantees in the form of provision additional holidays while maintaining average earnings for passing exams and passing intermediate certification.
The guarantees and benefits listed above for minor workers are aimed at creating the most comfortable conditions jobs for teenagers.
Wage
Taking into account working conditions, payment in the form of wages is also carried out.
From an economic and legal point of view, it represents remuneration for work depending on the worker’s qualifications, complexity, quantity, quality and working conditions, as well as compensation payments and incentive payments.
Remuneration is a system of relations related to ensuring that the employer establishes and makes payments to employees for their work in accordance with laws, regulations, including local, collective and labor contracts and agreements.
The following remuneration principles are currently in effect:
Equal pay is given for work of equal value;
Remuneration depends on the employee’s labor contribution and is not limited to a maximum amount;
The minimum wage is set by the state;
Labor is paid differentially depending on its complexity, severity, harmfulness, etc.;
The remuneration of a specific employee must be established in the employment contract;
The forms, system and tariffs of remuneration are established by collective agreements and agreements.
Payment of wages is made in cash in the currency of the Russian Federation (in rubles). In accordance with a collective agreement or an employment contract, upon a written application from an employee, remuneration may be made in other forms, but the share paid in non-monetary form cannot exceed 20% of the accrued monthly salary (Article 131 of the Labor Code of the Russian Federation).
The wages of minor workers are calculated based on the wage system adopted in the organization. With time-based wages, the wages of an employee under 18 years of age are paid taking into account the reduced duration of work. In these cases, wages for minor workers are paid on the basis of established tariff rates, official salaries in proportion to the time worked - respectively 35 or 24 hours a week (for those who do not combine training with work) and 17.5 or 12 hours a week (for those who combine training with work in their free time). from study time). The work of workers under the age of 18 who are admitted to piecework is paid at the established piecework rates for adult workers, taking into account the length of the time standard provided for minors (Article 270 of the Labor Code of the Russian Federation).
It is important to note that the rules regarding the remuneration of minors have undergone significant changes. Before the adoption of the Labor Code of the Russian Federation, workers under eighteen years of age were paid tariff rates and salaries, regardless of the fact that their working hours were reduced. The minor received wages in the same amount as an employee of the corresponding categories for the full duration of daily work. Those workers under the age of 18 who were allowed to do piecework were paid at piecework rates with an additional payment at the tariff rate for the time by which the duration of their daily work was reduced compared to the work of adults. Such remuneration corresponded to the concept of “reduced working hours” established in labor law.
The wording “reduced working hours” is also found in the Labor Code of the Russian Federation. However, the content of Art. 271 of the Labor Code of the Russian Federation shows that in relation to minors, reduced working hours in its previous understanding are no longer accepted. The fact is that remuneration for minors is made according to the rules established for part-time, and not for shortened, working hours (Article 93 of the Labor Code of the Russian Federation). As noted above, in Part 1 of Art. 271 of the Labor Code of the Russian Federation directly states that with time-based wages, wages to minor workers are paid taking into account the reduced duration of work, and work on piecework is paid at established piecework rates.
Thus, the provisions of Art. 271 of the Labor Code of the Russian Federation does not guarantee workers under eighteen years of age payment with reduced working hours in the same amount as employees of the corresponding categories with normal working hours.
In this case, the employer may, at his own expense, make additional payments to minor employees: in the case of time-based wages - up to the level of wages for employees of the corresponding categories for the full duration of daily work, and in the case of piecework wages - up to the tariff rate for the time by which the duration of daily work is reduced.
Additional payments to the wages of a minor employee, if any, are fixed in the employment contract concluded with the employee. They may also be established by collective agreements and agreements.
Analyzing such changes, at first glance, only negative aspects are seen. The state, which seeks to protect minor workers, deliberately worsens the situation of such workers. The previously effective Labor Code provided for an obligatory additional payment for minor workers at the employer's expense for reduced working hours. Now this norm is of a dispositive nature. It is not difficult to guess that few employers seek to make such additional payments of their own free will.
On the other hand, the legislator must respect the interests of not only workers, but also employers. The employer must pay only for the work that was actually performed. In addition, if these additional payments were still mandatory for employers, it would be extremely difficult to find those willing to hire minors. The choice between an adult worker with full working time and a minor worker whose daily work does not exceed 7.5, or even 2.5 hours, with equal costs of paying for their labor, is too predictable.
Each employer decides for himself whether to hire people with already acquired knowledge and extensive work experience or to cultivate young personnel from a young age in the depths of their own organization. The main thing when concluding an employment contract with a minor is to comply with all the requirements of the current labor legislation.
Bibliography
1. Nurtdinova A. F. Labor rationing (chapter 22). In the book: Commentary on the Labor Code of the Russian Federation / Rep. ed. prof. Yu. P. Orlovsky. M., 2008.
2. Bogatyrenko Z. N. Non-working holidays // Issues of labor law. 2008. N 12.
3. Kikeman G.L. Student summer // Personnel and Personnel Service. 2008. N 3.
4. Krikunov S. A. Remuneration // Salary. 2008. N 5.
M. Katvitskaya
employee
Federal service
financial and budgetary supervision
Signed for seal
