Termination and conclusion of an employment contract with minor employees: step-by-step instructions

Labor activity allows you to get the necessary practical experience, realize your potential, and earn income. The relationship between the employer and the staff is regulated by the TC. As a rule, people over the age of 18 enter the enterprise. However, the law allows for admission to the company staff and adolescents. Let us further consider how conclusion and termination of an employment contract with minors.

The relevance of the issue

The upbringing of adolescents includes, among other things, their involvement in professional activities. However, not all employers go to conclude an employment contract with a minor. 14 years - the age at which a citizen can be enrolled in the staff of the enterprise (subject to certain requirements). To ensure the employment of adolescents at the state level, various programs are being developed. Within their framework, additional places are created, quotas for the admission of minors to work are established, training is organized, including without interruption from production.

Normative base

The provisions of the TC establish the conditions under which it is allowed conclusion of an employment contract with minors. 16 years - the age at which a citizen can be admitted to the enterprise. In addition to the basic requirements for the position for which he is applying, he does not need to comply with additional requirements. For example, a special condition is set for fourteen-year-olds. Upon admission to the enterprise, they provide permission from the father / mother, the guardianship authority and guardianship. Another age threshold that is allowed conclusion of an employment contract with minors - 15 years. When entering the enterprise, the teenager does not need to provide permission. However, they can only do light work that is not harmful to their health. At this age, as a rule, people who receive a general education, continue their studies on any other than full-time, or leave the educational institution on the grounds enshrined in federal law, enter the enterprise.

Conclusion of an employment contract with minors: parental consent

Permission from the father / mother, the guardianship authority and guardianship allows you to engage adolescents in activities in their free time. At the same time, employment should not disrupt the educational process. Citizens at the age of 14 can be involved in creative activities without prejudice to their moral development and health:

• in cinema organizations;
• theaters;
• concerts;
• circuses.

Nuances

Considering features of the conclusion of an employment contract with minor employees, many employers are trying to draw up civil law agreements. According to the heads of enterprises, this to some extent simplifies the procedure and removes a number of requirements. Meanwhile, the legislation strictly regulates the issues of employment of adolescents. In this regard, it is unlikely to reduce the degree of responsibility.

Bans

Features of the conclusion of an employment contract with minor employees disclosed in the 42nd chapter of the Labor Code. Section 265 of the Code sets limits on employers. The conclusion of an employment contract with minors is not allowed to attract them:

1. To activities at harmful (hazardous) manufacturing enterprises.
2. Underground work.
3. To activities capable of causing damage to their moral and physical health. In particular, we are talking about gambling, trade, production, transportation of alcoholic beverages, tobacco products, narcotic and other toxic agents and substances, materials of an erotic content, work in night clubs, etc.

Professional activities should be feasible for a teenager. The movement and transfer of items whose weight exceeds the standards established by the Ministry of Labor from 1999 is not allowed.

Additional restrictions

When concluding an employment contract with a minor employee the employer must take into account that the law prohibits:

1. Involve citizens under 18 years of age in overtime / night activities, on production tasks on weekends and holidays.
2. Send teenagers on business trips.

The exception is employees:

• MASS MEDIA;
• cinema organizations;
• video / television companies;
• theaters;
• concert organizations;
• circuses.

The specified requirements do not apply also to participants in the creation, exhibiting, performance of works, in accordance with the lists approved by the government decree of 2007.

Body check

A preliminary medical examination acts as another conditions for concluding an employment contract with minors. In the list of documents that a citizen submits to the employer, there is a certificate issued by a health care institution. The obligation to accept to the enterprise only persons who have passed inspection is established by Article 266 of the Labor Code. In addition, the legislation provides for periodic (annual) examination. As stated in the Code, conclusion of an employment contract with minors not allowed if their state of health does not allow them to perform production tasks. In order to determine the suitability for activity, in fact, a medical examination is carried out. Medical examinations can be carried out at municipal or state healthcare facilities. Activities are funded by the employer. In case of evasion of a minor from undergoing a medical examination, the employer has the right to refuse to conclude a contract. If an HIV infection is detected in a citizen during the examination, medical staff are required to notify the legal representatives of the teenager about this.

Material liability

According to the 244th article of the Labor Code, it is assigned exclusively to citizens who have reached 18 years of age. However, the Code provides for several exceptions. Minors are liable for damage caused by:

• intentionally;
• intoxicated (toxic, alcoholic, narcotic);
• when committing an administrative misconduct or criminal act.

Content of the agreement

Rules for concluding an employment contract with minors similar to those established for the execution of contracts with citizens who have reached 18 years of age. According to Article 57 of the Labor Code, the agreement states:

1. FULL NAME. citizen entering the enterprise, the name of the employer.
2. Information about the identification documents of the parties.
3. TIN payer.
4. Place of production activity.
5. Job functions.
6. Start date for the organization.
7. Mode.
8. Payment system.

The contract also prescribes the conditions of compulsory social insurance, the provision of holidays, holidays. The agreement may contain other items that are material to the parties.

Familiarization with documents

As article 68 of the TC points out, conclusion of an employment contract with minors It is carried out after providing the following papers to applicants for study:

1. Collective agreement.
2. Regulation on the internal regulations of the enterprise.
3. Other documents directly related to production activities.

The applicant must certify that he has familiarized himself with the indicated papers with his signature.

Package of documents

Conclusion of an employment contract with minors carried out upon presentation of:

1. Passport or other identity document. For example, it may be a birth certificate.
2. Labor book. If for a citizen this is the first place of production activity, the employer draws it up independently.
3. Insurance certificate. If it is absent, then the employer also draws it up.
4. A document on qualifications, education, the availability of special theoretical knowledge (if the work requires it).
5. Registration certificate (for citizens subject to appeal).
6. Medical certificate.

Fourteen to sixteen year olds additionally present permission from the mother / father / guardian / trustee. It is compiled in free form.

Employment duration

When concluding an employment contract with a minor employee the employer must explain to him how much time he will spend at the enterprise. Standards are established by the 92nd article of the Labor Code. In a week, citizens under 16 can work no more than 24, and sixteen-eighteen-year-olds up to 35 hours. If the applicant is a student of an educational institution and intends to carry out production activities in his spare time during the school year, a standard is set for him, half as much as indicated above. The duration of the daily shift is determined by the 94th article of the TC. In accordance with the norm, fifteen to sixteen-year-old workers can work no more than 5 hours, and from 16 to 18 years - up to 7 hours / day.

Special categories

Citizens who combine training and work can work: at the age of fourteen to sixteen years - no longer than 2.5 hours, 16-18 - 4 hours a day. It is, in particular, about subjects receiving general, primary and secondary vocational education. For those involved in creative activities, standards are established by collective agreement, contract or other local document.

Payment

The calculation of earnings is made in accordance with the provisions of Article 271 of the Labor Code. In the case of time-based work, remuneration is paid taking into account the reduced time. At the same time, the employer has the right, but is not obligated, to accrue surcharges up to the salary level of employees of the corresponding categories engaged in production activities during the entire shift. Additional amounts are issued from the own funds of the head of the enterprise. The production activities of minors admitted to piece-work are paid at the established rates. At the expense of his own funds, the employer may accrue a surcharge to the rate for the time by which the duration of the shift is reduced. Remuneration to persons studying in educational institutions, organizations of primary and secondary vocational education is paid in accordance with the development or in proportion to the hours worked.

Minimum wage

Conclusion of an employment contract with minors does not guarantee that they will receive good money for their production activities. The legislation does not require the employer to make surcharges to the citizen's remuneration until his size increases to the minimum wage. As the 133rd article of the Labor Code indicates, the employee’s monthly earnings cannot be lower than the minimum value if he has fully worked out the time standard. As mentioned above, for citizens under the age of 18, a reduced time is set. Accordingly, the legislation does not guarantee that the salary of a minor will be equal to or higher than the minimum wage, since payment is charged on the hours actually worked.

Termination of Legal Relations

Termination of the contract with minors is carried out in the same way as with adults.A citizen may be dismissed of his own free will, by agreement with the employer, as part of a transfer to another enterprise. Article 269 of the Labor Code establishes additional guarantees for minors upon termination of the employment contract with them. In particular, if the employer decides to terminate the legal relationship on his own initiative, then he needs to coordinate this with government agencies. In particular, he needs permission from the labor inspectorate and the juvenile commission. This requirement does not apply to cases of liquidation of the organization and the termination of the IP. The legislation establishes a number of obligations of the employer terminating the contract with minor employees. In particular, upon dismissal due to a layoff or liquidation, the manager must provide vocational training at his own expense, followed by transfer to another or the same enterprise. This applies to orphans and adolescents left without parental care.

Registration

Upon termination of the contract, the tenant must:

1. Issue an order and familiarize him with the citizen under signature.
2. Make an appropriate entry in the work book. The document indicates the basis for dismissal. The record is certified by the signature of the employee.
3. Make a final calculation.
4. Make an appropriate entry in your personal card. It should contain the same information as the work book.
5. Issue certified copies of documents. To obtain the necessary papers, the employee writes a statement.
6. Issue a certificate of earnings for 2 years preceding the period of dismissal.

Work agreement

As Article 702 of the Civil Code points out, the agreement assumes that one party assumes the obligation to perform a certain action on the instructions of the second. At the end of the work, the first participant submits the result, and the customer accepts it and pays. In accordance with Article 21 of the Civil Code (Clause 1), a citizen’s ability to acquire and exercise rights, create obligations and bear responsibility for their fulfillment occurs upon reaching 18 years of age. In Art. 26 of the Code (paragraph 1) there is a provision allowing the execution of civil transactions by 14-year-olds. To do this, they need to obtain written permission from legal representatives. Accordingly, in order to conclude a work contract, a minor must only submit consent from the parents, trustee, guardian. Clause 2 of Article 26 of the Civil Code stipulates that citizens who have reached the age of fourteen but have not yet reached the age of 18 are entitled to independently manage their income without obtaining permission from legal representatives.

The specifics of legal regulation

At the end of the last century, several regulations were adopted to develop employment regulations. In accordance with them, territorial self-supporting centers for employment were formed. However, they did not justify themselves. In 90-91 years. It was decided to start creating an employment service. However, in connection with the collapse of the USSR and the transition to a market model of management, the government was forced to develop a different approach to solving the problem of employment of citizens, including minors. Provisions for promoting the employment of adolescents are found in the Federal Laws of 1998 and 1996. These regulations enshrined guarantees for orphans and adolescents left without parental care. According to the norms, regional and federal executive structures pledged to carry out activities aimed at ensuring career guidance for these citizens. Quotations of places were carried out for such minors. Enterprises that receive adolescents without care and orphans received tax incentives.

findings

Teenagers belong to the most vulnerable category of citizens. The procedure for concluding an employment contract with minors as a whole does not differ from the requirements prescribed for adults.The only difference is in the set of documents that should be presented to the teenager. Considering features of the conclusion of an employment contract with minors, many experts conclude that the current legislation does not clearly regulate youth employment issues. As mentioned above, various programs are being developed at the state level aimed at attracting adolescents to feasible production activities. One of the effective mechanisms for the implementation of measures is the allocation of seats.

However, it is worth saying that few employers go to conclusion of an employment contract with minor employees. This is largely due to insufficient practical experience of youth. In addition, despite the many gaps in the norms, the legislation establishes special, additional guarantees for adolescents. Experts note that with a proper approach to the issue of ensuring employment, enterprise managers may well receive highly qualified young personnel. Yes, of course, you need to take into account the peculiarities of concluding an employment contract with minors.

However, taking teenagers to the enterprise, managers contribute to their proper upbringing. While working at the enterprise with adults, a minor learns to comply with the requirements for him, to properly perform his duties, gaining the necessary life experience, becoming a worthy member of society.