Today we will be interested in the characteristics of the work of minors. Such employment in Russia has a huge number of nuances. But few people know about them. So you have to constantly study the Labor Code of the Russian Federation, so as not to be cheated. Violation of the rights of minors is a crime. Therefore, employers should be aware of the characteristics of child labor. What rules exist in this regard?
Labor Prohibitions
Work and production may be different. With regard to minors, special rules apply; use child labor in a particular area. The Labor Code of the Russian Federation states that harmful and dangerous production are excluded in this case. Minor cadres do not have the right to work there.
Underground work is also prohibited. In addition, minors should not be hired to work in areas that are likely to harm health or moral development. Children can also not be allowed to trade in tobacco and alcohol, psychotropic substances, toxins and adult goods under any pretext. Such features of juvenile labor occur in Russia.
Where do the children work?
But all this is just the beginning! Features of the regulation of labor of minors include a huge number of nuances. In particular, the issue of permission to work by legal representatives.
It’s no secret that parents are responsible for their children until they come of age. This becomes a significant moment in employment. Why? All this is due to the rules laid down in the Labor Code. Article 63 indicates the possibility of concluding a contract only with a citizen over the age of 16. But children from 14 years old, or even earlier, are allowed to work.
Peculiarities of the legal regulation of the work of minors indicate that children under 16 should receive the written consent of their legal representatives to carry out one or another activity. In this case, the contract is signed with them. Of course, only light work is allowed, which does no harm to the life and health of the child.
If it is a theatrical and circus sphere of activity, it is additionally required to obtain permission from the guardianship authorities. They will need to indicate the maximum length of the child's working day. Other features of the regulation of the work of minors are also contained in this agreement. Otherwise, work is prohibited!
The medicine
What else do you need to pay attention to? The fact that all citizens must undergo a full medical examination before starting work. Peculiarities of labor regulation for minors indicate that children are not exempt from such a procedure. Before official employment will have to bring a medical book. Without it, they can only be hired informally, and this, as you know, is illegal, especially in the case of minors.
Have to undergo a medical examination in full. Girls will also need to visit a gynecologist. No exceptions. You will also need to undergo a medical commission annually until the contract expires. It is such features of the regulation of the work of minors that take place.
For a well-deserved rest
Pay attention to the provided vacation. The employer is obliged to give rest to all working children once a year. And paid. Its duration is 31 calendar days. As a rule, it is available at the request of the employee.It turns out that in respect of leave (paid) for children, the exact same rules apply as for adults.
Probation
Features of the work of minors by employers are often violated. In particular, because of such a point as probation. This is the period during which the subordinate is familiarized with the work, as well as the employer, with the skills of the potential employee. A probationary period almost always takes place.
But when it comes to minors, it should not be. Under no pretext. Just a contract is concluded, and then the child can begin to carry out his duties.
In practice, the rule is rarely observed - a trial period in almost 100% of cases is available. Only they call him a little differently. How exactly? Training. This term is often used to mask the probationary period for minors. A great way to "divorce" unscrupulous employers. Remember: after employment, children should start work without any checks and probationary period!
Night and overtime
What else to look for? The fact that there are some prohibitions on activities and job restrictions for children. The thing is that such employees can not be sent on business trips. In addition, it is forbidden to leave minor subordinates to work overtime (even for an additional fee), on weekends and holidays. But these are not all important limitations.
The specifics of the work of underage workers indicate that it is forbidden for children to work at night. No night shifts. By the way, such work is an activity carried out from 22:00 to 6:00. During the specified period of time, children are prohibited from working.
Duration of labor
A huge role is played by such a moment as the length of the working time of an employee who has not reached 18 years. The thing is that if you violate the rules established by law, you can file a complaint with your superiors. Therefore, working time plays a huge role in employment.
It is no secret that the normal working week is 40 hours. This figure in minors is decreasing. For employees under 16 years, it is no more than 24 hours, and at 16-18 years old - no more than 35 hours per week. It is impossible to exceed the established norms.
Shift duration restrictions also apply. If the employee is not trained, then he is allowed up to 16 years to work for 5 hours maximum, after the specified age - for 7. If the activity is carried out during training, then you can not work more than 2.5 and 3.5 hours, respectively.
Physical labor
Often at work you have to make physical efforts. Certain rules apply to children as well. For girls and boys they are different.
For example, guys cannot move loads of more than 3 kilograms until they are 16 years old. And from 16 to 18 - more than 4. Features of the work of women (minors) also take place. Girls should not be forced to lift and move loads weighing more than 2 and 3 kilograms, respectively. Such rules are established by modern legislation. The work of minors is a very serious moment!
Termination of an agreement
The last thing you need to pay attention to is dismissal. In this aspect, there are also features of the legal regulation of the work of minors. You can’t just dismiss a person employed before the age of 18. An additional agreement is required from the labor inspectorate and the juvenile commission.
Please note: the absence of permits is the basis for invalidating the dismissal. For the employer, this will result in huge problems. Independently (at will) the minor employee can easily quit without restrictions!