Features of termination of an employment contract with minor workers

How does the sample: an employment contract with minor workers differ from the same contracts with those who are already 18 years old? Indeed, it has its own characteristics. Let's consider all of them in detail. We will also provide an example of such an employment contract.

This agreement (the terms “contract or agreement” will also be legal in this case) is an agreement that is concluded between the employee and the employer. It notes all the details of the labor process, including the rights and responsibilities of both.

Of course, it is better for any employer to hire those who can perform all the duties prescribed by the profession. But in fact, nowadays more and more managers employ minor workers on their staff for work, the performance of which does not require special skills and abilities. According to labor law, you can conclude the contract in question with a person who has reached 16 years of age. But in some cases it is possible to sign younger people.

How old are you?

According to Article 16 of the Labor Code of the Russian Federation, labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with the code. No matter how mature the child may look, no sane manager will hire a teenager under 14 years of age (Article 63 of the Labor Code), otherwise there will be personal liability, including criminal liability.

And from the age of 14, a contract can be concluded with a student only with the written consent of one of the parents (guardian) and the guardianship authority. In his free time from studying, a student can engage in light work that does not harm his health and without disrupting the learning process.

From the age of 15, a person who combines work with obtaining general education not full-time or not promised at all due to exclusion has the right to conclude an employment contract. The work should also be easy.

After turning 16 years old, you can independently enter into an employment contract without any conditions or permissions, since this is the age at which the Labor Code (paragraph 1 of Article 63) allows signing such a contract.

To independently obtain an insurance certificate, a teenager must contact the territorial body of the Pension Fund for registration, present a passport or any other identification document and fill out the insured person’s questionnaire. The certificate is issued within one to two weeks.

Please note that in exceptional cases it is allowed to sign an employment contract with children under fourteen years of age. This applies to cinematography organizations, theatres, theatrical and concert organizations, and circuses, in which children are invited to participate in the creation and (or) performance of works of art without harming their health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (or guardian). The permission of the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the employer’s tasks can be performed.

Minor worker: up to 16 and older

In general, the employer has the right to conclude an employment contract with a citizen of the Russian Federation who has reached the age of 16 years (Part 1 of Article 63 of the Labor Code of the Russian Federation).

It is allowed to conclude an employment contract with persons under 16 years of age to perform light work that does not cause harm to health. The following features apply:

Age for concluding an employment contract	Consent/permission	Peculiarities
from 15 years old	Not required	Minors have already received or are receiving general education. In the latter case, the work should not be to the detriment of mastering the educational program (must be done in free time from receiving education)
from 14 years old	Written consent of one of the parents (guardian) and the guardianship authority
under 14 years old	Consent of one of the parents (guardian) and permission of the guardianship and trusteeship authority	In cinematography organizations, theaters, theater and concert organizations, circuses. The permission of the guardianship and trusteeship authority must indicate the maximum permissible duration of daily work. The employment contract is signed by the parent (guardian).

If a potential employee is a foreigner or a stateless person, an employment contract with him in general can be concluded from the age of 18 (Part 3 of Article 327.1 of the Labor Code of the Russian Federation).

Although the procedure for concluding an employment contract applicable to Russians applies to individuals who are not citizens of the Russian Federation (Clause 4, Article 13 of Federal Law No. 115-FZ of July 25, 2002). This, for example, applies to foreign citizens permanently or temporarily residing in the Russian Federation, participants in the Program for the Voluntary Resettlement of Compatriots (Decree of the President of the Russian Federation of June 22, 2006 No. 637), refugees, persons who have received temporary asylum in the Russian Federation, etc.

Show your documents

Article 65 of the Labor Code of the Russian Federation contains a list of documents required for employment without mentioning age, but in the Labor Code there is an entire chapter 42 “Features of labor regulation for workers under the age of 18”, which, for the purpose of social protection of minors, requires the provision of a medical certificate to the general list (Article 266).

So, to get hired you must have:

passport;
work book (if any);
SNILS – insurance certificate of state pension insurance (if available);
certificate of a citizen subject to conscription for military service (from 17 years of age);
a document on general education or a certificate from an educational institution;
a certificate from a medical institution confirming a medical examination with a “healthy” conclusion.

Next, we again divide all young candidates by age, according to Article 63:

from 14-15 year old schoolchildren - written consent of the parent (guardian) and permission from the guardianship and trusteeship authority on an official form (to avoid troubles, be sure to ask the parent for an identification document);
from 15-year-olds - a document confirming receipt of general education or a certificate from an educational institution, which indicates that the applicant is studying in a form other than full-time, or a certificate from an educational institution stating that he left school in accordance with the legislation on education.

List of documents

When applying for a job and preparing to conclude a contract, a citizen under 18 years of age must provide the HR department with a package of documents that differs from what is provided for adults. First of all, it lacks a diploma, since such candidates do not have a certificate.

In addition to the passport, INN and SNILS (which must be obtained in advance), the teenager brings:

permission from parents and guardianship authority (if he is under 15 years old);
certificate in form 086/у confirming the absence of medical contraindications;
a certificate from school or college about the mode of study.

If the minor has completed any courses confirming that he has special knowledge and skills, diplomas or certificates can be attached.

Those seeking employment for the first time bring an empty work book. She is started in the personnel department of her first place of work.

Time and money

Naturally, the law limits the working time of a minor employee and requires recording of the working hours and rest periods in the employment contract (Article 57 of the Labor Code). Articles 92 and 94 of the Labor Code establish the duration of daily and weekly work:

for schoolchildren from 14 to 16 years old - no more than 2.5 hours a day, and from 16 to 18 years old - no more than 4 hours a day;
for workers from 15 to 16 years old - no more than 5 hours a day and 24 hours a week;
for workers from 16 to 18 years old - no more than 7 hours a day and 35 hours a week.

Many companies offer flexible work, which is allowed by Article 102 of the Labor Code of the Russian Federation. In this case, the beginning, end or total duration of the working day is determined by agreement of the parties.

The head of an organization cannot issue a power of attorney to a minor, since a teenager, by virtue of the law, is not allowed to make transactions with the receipt of benefits and requiring notarization due to his lack of full legal capacity

Production standards (Article 270) and wages for minors (Article 271) are established in proportion to the time worked, but for persons admitted to piecework, the result is paid at established rates.

Part 3 of Article 271 of the Labor Code allows and encourages employers to make additional wage payments to minor workers at their own expense. Many companies pay remuneration on a daily or weekly basis.

For traveling work, travel is typically paid or reimbursed. Also, sometimes companies top up the balance of a mobile phone account and provide funds for lunch.

Special terms of the agreement

When concluding an agreement with minors, several features should be taken into account, although it would be more correct to say restrictions. A contract with teenagers cannot contain conditions such as:

on the probationary period (Article 70 of the Labor Code of the Russian Federation);
on full financial liability (Article 242 of the Labor Code of the Russian Federation);
on the availability of business trips (Article 268 of the Labor Code of the Russian Federation);
on part-time work (Article 282 of the Labor Code of the Russian Federation);
on work on a rotational basis (Article 298 of the Labor Code of the Russian Federation);
on work in religious organizations (Article 342 of the Labor Code of the Russian Federation).

In accordance with the Labor Code (Article 265), it is prohibited to use the labor of persons under the age of eighteen in work with harmful and (or) dangerous working conditions, in underground work, as well as to entrust tasks the implementation of which may cause harm to health and moral development young specialist, these types of activities include: gambling, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and toxic drugs.

It is prohibited for workers under the age of eighteen to carry or move heavy loads that exceed the limits established for them. In addition, such employees cannot be involved in overtime work, night work, weekends and non-working holidays (Articles 96, 99, 265, 268 of the Labor Code of the Russian Federation).

The head of an organization cannot issue a power of attorney to a minor, since a teenager, by virtue of the law, is not allowed to make transactions for profit and requiring notarization due to his lack of full legal capacity (except for recognition of legal capacity by a court decision).

What working conditions are accepted in the contract with a minor?

If we talk about a sample contract with such an employee, then he should not be hired for work, the conditions of which are dangerous and difficult to any degree. For example, this cannot be underground work or any other type of labor that will cause any harm to the health of children or their moral development. This is what the state primarily cares about - the health of its little citizens and their morality.

For such employees, reduced working hours are provided. In addition, they are entitled to longer leave than adults - 31 days. In addition, they can take it whenever they want.

They may also be allowed to do piece work if they are not harmful or dangerous. In this case, it should also be taken into account that minor workers are entitled to a reduced working day. In this case, payment should be according to the same rules as for adult workers. Children must also undergo an annual medical examination. In many ways, this is necessary to determine whether their work is harmful to their health.

A contract with a minor can be terminated only by mutual consent, and only in those cases listed in Art. 77 Labor Code of the Russian Federation. One of the reasons why it is possible to terminate an employment contract is a violation of the rules of employment, for example: harmful or difficult work that violates morality, etc. There may be other grounds for terminating this document, but they must be specified separately in it .

Memo to parents

Only in exceptional cases is it allowed to sign an employment contract with children under fourteen years of age, although the contract is then concluded on behalf of the employee by a parent (or guardian).

To register children in the compulsory pension insurance system and obtain a certificate, parents (legal representatives) must contact the Pension Fund office at their place of residence with a passport or other identification document of the child and fill out a form (for registration of children under 14 years of age, you must have yourself the birth certificate of the “child” and the passport of one of the parents or legal representative). When concluding an employment contract for the first time, the work book and SNILS are drawn up by the employer (Article 65 of the Labor Code).