At what age does a citizen of the Russian Federation have the right to enter into employment contracts?
The ability to be a participant in labor relations arises in accordance with Art. 63 TK. This legal norm establishes the possibility for persons who have reached the age of 16 to exercise their right to work. Previously, the current legislation provided this opportunity to 15-year-olds, however, in order to bring the Labor Code into compliance with international law, the lower limit was increased.
The general rule has a number of exceptions, which are enshrined in parts 2-4 of the article in question. These provisions provide for the possibility of reducing the minimum age criterion that allows a person to begin his own work activity. This indicates the presence of a differentiated approach to establishing age limits.
The age at which it is permissible to conclude an employment contract is the minimum limit, after overcoming which a minor is given the opportunity to use his constitutional right.
This limit is established, inter alia, based on the norms of the legislation on education, which allow a person to work in the learning process from the day he reaches his 15th birthday. At the same time, the requirements regarding the mandatory receipt of a general level of education in relation to a minor are not canceled.
A minor can stop receiving education at the age of 15, in agreement with parents and local education authorities. Only with such consent can work activity be recognized as legal.
The age at which work is possible can be reduced to 14 years, which requires the consent of a parent or guardian. Work should not affect the learning process, which means the possibility of employment only for work that will be carried out in free time from study. In addition, such work should be easy and not cause harm to health.
Violation of this rule has consequences not only for the minor, but also for the employer, which is reflected in penalties for the latter. To avoid violations, the employer should send a request to the educational institution about the training time. However, a minor who is hired can provide the employer with an information certificate about the time spent studying. This document must be kept in the employee’s personal file.
At what age can you get a job?
The legislation defines the age at which employment is permitted. The minimum possible age for concluding an employment contract is determined in order to protect the labor of adolescents and protect their health. At what age can workers be hired?
Age at which employment is allowed
According to the general rule established in Article 63 of the Labor Code of the Russian Federation, an employment contract can be concluded with an employee who is sixteen years old. In some cases, this age can be changed either up or down. But these cases are strictly defined by law and established in the interests of minors.
Is it possible to enter into an employment contract with 15-year-olds?
An employer has the right to enter into an employment contract with a 15-year-old teenager, but subject to certain conditions. An employer can offer a minor worker only light work that does not harm his health.
If a teenager comes to an employer to get a job, we advise him to make sure whether he is being trained and in what form of training. Indeed, in accordance with Article 63 of the Labor Code of the Russian Federation, a 15-year-old person can be hired only if he has completed his studies or left an educational institution in accordance with federal legislation or is studying in a form other than full-time.
Employment contract with minors over 14 years of age
An employment contract can be concluded with minors who have reached the age of 14 only to perform light work that does not cause harm to their health. When concluding an employment contract with such an employee, it is necessary to provide that the work will be performed in his free time from school.
Age restrictions for cinema, theater and circus workers
In cinematography organizations, theaters, concert organizations, and circuses, employees under the age of 14 can be hired. But they are not allowed to do any work. They can only participate in the creation and (or) performance (exhibition) of works, provided that this participation does not harm health and moral development.
When involving minors in such work, the employer should additionally ask one of the parents (guardian) to write written consent and obtain permission from the guardianship and trusteeship authority. In the permit, the guardianship authority indicates the maximum permissible duration of daily work and other conditions under which the minor is allowed to work.
The employment contract is signed on behalf of the employee by the parent (or guardian).
Minimum age for employment may be raised
You cannot employ persons under 18 years of age:
- to work under harmful and (or) dangerous working conditions (Article 265 of the Labor Code of the Russian Federation);
- for underground work (Article 265 of the Labor Code of the Russian Federation);
- for work, the performance of which may harm the health and moral development of the employee (gambling business, work in a nightclub, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and toxic drugs) (Article 265 of the Labor Code of the Russian Federation);
- for work the performance of which is possible subject to the conclusion of an agreement on full financial liability (Article 244 of the Labor Code of the Russian Federation);
- for part-time work (Article 282 of the Labor Code of the Russian Federation);
- for work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation);
- to work for a religious organization (Article 342 of the Labor Code of the Russian Federation).
In some cases, other age restrictions may be established for concluding an employment contract.
At what age can foreign citizens enter into an employment contract?
The labor activity of foreigners who arrived in the Russian Federation without the obligation to obtain a visa can be carried out with a patent, as determined by Federal Law No. 357, adopted on November 24, 2014. The law determined the right of Russian employers to involve foreigners whose age is equal to or exceeds 18 in the performance of labor functions years.
Such persons can be employed in enterprises, organizations and institutions, to provide for personal, household or auxiliary needs that are not related to the implementation of individual entrepreneurship. For those persons of foreign origin who do not have Russian citizenship and whose age has not reached 18 years, employment in the Russian Federation is impossible.
What restrictions are there when concluding an employment contract with a minor?
Before concluding an employment contract with a minor citizen, it is necessary to determine whether there are any restrictions on his employment to perform the relevant work. To do this, you need to consider the following.
It is not allowed to conclude an employment contract with citizens under eighteen years of age (subparagraph 2) of paragraph 1 of Article 26 of the Labor Code of the Republic of Kazakhstan - Labor Code), for:
- for positions and work that provide for the full financial responsibility of the employee for failure to ensure the safety of the property and other valuables of the employer, that is, for positions and work that the employer defines for financially responsible employees in accordance with the relevant act of the employer (clause 7 of Article 123 of the Labor Code);
- work, the performance of which may harm their health and moral development (gambling business, work in night entertainment establishments, production, transportation and trade in alcoholic beverages, tobacco products, narcotic drugs, psychotropic substances and precursors);
- heavy work, work with harmful and (or) dangerous working conditions, the list of which is determined by the List of industries, workshops, professions and positions, a list of heavy work, work with harmful and (or) dangerous working conditions, work in which gives the right to a reduced duration working hours, additional paid annual leave and increased wages, as well as the rules for their provision (Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 1053 dated December 28, 2015);
- for part-time work (subparagraph 5) of paragraph 2 of Article 26 of the Labor Code).
Also, the legislation defines a list of jobs in which the use of labor by workers under eighteen years of age is prohibited (Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 944 dated December 8, 2015).
If the work for which it is planned to involve a citizen is one of the above, then concluding an employment contract with a minor is not allowed.
Next, you need to determine whether the job for which it is planned to hire a minor worker requires the employee to undergo a preliminary medical examination or does not require it (Rules for passing a mandatory medical examination, approved by order of the Acting Minister of National Economy of the Republic of Kazakhstan No. 128 dated 02.24.2015). If required, a minor citizen must undergo a preliminary medical examination before concluding an employment contract.
An employment contract is signed by a minor citizen before reaching the age of sixteen by himself and at the same time by his parent, guardian, trustee or adoptive parent (subparagraph 1) of paragraph 2 and paragraph 3 of Article 31 of the Labor Code).
Within the meaning of this norm, all relationships between the employer and a minor employee until he reaches the age of sixteen in the future, which include familiarization with the employer’s orders, notifications, termination of the employment contract, etc., are organized in the presence or with the participation of the relevant legal representative of the minor employee - parent, guardian, trustee, adoptive parent.
After concluding an employment contract, the employer issues an order for employment (Article 34 of the Labor Code).
Before concluding an employment contract, the employer is obliged to require the minor and his parent (guardian, trustee, adoptive parent) to provide mandatory documents, which include an identity document (birth certificate, identity card, passport) of the minor and his parent or other legal representative, a document confirming a preliminary medical examination, if required, a document confirming the availability of special skills and knowledge, if they are required for this work, an address certificate (subparagraph 1) of paragraph 1 of Article 28, Article 32 of the Labor Code). Depending on the type of work, the provision of additional documents may be required.
For workers aged 14 to 16 years, a reduced working time is established - no more than 24 hours a week (subparagraph 1) of paragraph 1 of Article 69 of the Labor Code), but no more than 8 hours a day (paragraph 4 of Article 71 of the Labor Code). It is recommended to distribute the established 24 hours a week evenly.
It should also be taken into account that in the relationship between an employer and an employee under eighteen years of age, certain restrictions established by law must be taken into account.
It is not allowed to engage workers under eighteen years of age in work using summarized working time recording (clause 6 of Article 75 of the Labor Code), at night (clause 2 of Article 76 of the Labor Code), and overtime (subclause 2) of clause 4 of Article 77 of the Labor Code).
It is prohibited to send such employees on a business trip (clause 4 of Article 127 of the Labor Code), or to recall them from vacation (clause 4 of Article 95 of the Labor Code).
Employment contract with persons under 14 years of age
In exceptional cases, the legislator allows the employment of workers who are under 14 years of age. Clause 4 art. 63 of the Labor Code allows for the conclusion of employment contracts with those teenagers who are not yet 14, and the scope of their labor activity will concern the cinema, theater, theater and concert organizations and circuses.
Such agreements can be concluded only regarding the subject matter related to participation in the creation and performance of works, exclusively within the organization in which the minor is employed. In such organizations they cannot be junior technical personnel.
Employment of teenagers who have not reached the age of 14 should not negatively affect the health and moral development of the child.
The contract, on his behalf, is signed by parents or guardians. The agreement cannot be concluded in the absence of the consent of the parents and guardianship authorities.
The permission provided by the guardianship authorities must contain the level of maximum periods of daily employment. Such a document may reflect the mandatory conditions under which a teenager’s work is possible. When preparing the conclusion, the guardianship authorities may request the necessary information from the employer.
Main parameters of Art. 63 TK
The initial paragraph of the article in question states that concluding an employment contract is possible only with persons who have reached the age of 16 years. It is stated that exceptions to this rule are allowed in situations provided for by the Labor Code and other federal laws.
It is further clarified that persons with general education over the age of 15 also have the right to sign an employment contract, but only for light work that does not harm their health. If these persons have not fully completed their education - they were expelled or temporarily left the educational institution, then they can also work under a similar employment contract, but it is obliged to provide them with the opportunity to complete their studies.
An employment contract can also be signed with a person who has reached the age of 14 with general education. To do this, it is necessary to obtain written consent from the following entities:
- one of the parents or guardian;
- guardianship authority.
This document must provide for the performance of light work, which should not cause harm to health. If a person has not yet graduated from a general educational institution, then this agreement should not interfere with his or her acquisition of educational programs.
The final part of the article also indicates those situations when an employment contract can be concluded with a person under 14 years of age. It can be signed by categories of employers from the following fields of activity:
- cinema;
- theaters;
- concert organizations;
- circuses.
As in the previous case, this requires the signature of the parent (guardian) and permission given by the relevant guardianship authority. This document must specify the main parameters of work activity (duration of work, etc.). This contract should not include clauses that are detrimental to the health and moral development of the performer.
So, the analyzed article gives a detailed description of situations when a minor employee is hired under an employment contract.
Punishment for violating norms
Compliance with legislation on the labor of minors is one of the most important activities of regulatory authorities. The reason for this is the prevention of the use of child labor, which is determined by the basic law of the Russian Federation. Employers who violate legal norms may be subject to various types of liability: from disciplinary to criminal.
As a rule, committing such a violation for the first time is punishable by a fine. Repeated violations may result in criminal penalties, which may include additional material losses.
