Often there are situations when young people want to earn extra money. But from what age is it allowed to conclude an employment contract in the Russian Federation? How can the parties insulate themselves from possible conflicts, legally formalize labor relations and win (with profit)?
Legislative framework
According to Russian law, the conclusion of an employment contract is allowed with persons who have reached the age of 16 years. But the law does not prohibit labor relations with persons younger than this age, if the following conditions are met:
- the employee has already received general education;
- the development of the main educational program continues in a different form of full-time education (in the correspondence department, in the evening school or remotely).
If one of the parents, as well as the guardianship department, gives their consent, then you can start working from the age of 14. But in this case, there are some restrictions - the contract is only for light work and in free time from training.
Labor legislation does not prohibit the employment of persons under 14 years of age if it is a cinematographic, concert, circus or theater organization. The conclusion of an employment contract The Labor Code in this case allows with the permission of the relevant authorities or parents, and the document itself is signed by adults.
Documents
Concluding an agreement with persons under 18 years of age, the following documents must be requested:
- passport of the Russian Federation;
- labor;
- SNILS;
- documents confirming education or the presence of special knowledge and skills;
- military registration document;
- medical certificate (according to the general procedure for concluding an employment contract, the law obliges the employer to pay for a medical examination, which is regulated by article 266).
If a person is employed up to 16 years, then he must have:
- passport of the Russian Federation;
- labor (the exception is primary employment);
- SNILS;
- medical certificate;
- certificate of education.
The conclusion of an employment contract is allowed with persons from 14 years of age, if they can submit:
- passport of the Russian Federation;
- work book;
- SNILS;
- certificate of education or qualification;
- medical certificate;
- confirmation from one of the parents about the consent to employment;
- confirmation from the guardianship authorities of the consent to employment;
- document from the school on the form of training.
Do I need a physical examination
According to the Labor Code of the Russian Federation, persons under 18 years of age upon employment must undergo a physical examination. Such a procedure should be carried out once a year until the person reaches the age of majority. Medical examination is carried out at the expense of the employer.
If a minor citizen works without an appropriate physical examination, the employer may be held liable.
Registration
57 article of the Labor Code of the Russian Federation regulates the basic provisions that an employment contract contains. The procedure for concluding and types of contracts with minor employees are no different from ordinary ones. The only exception is the absence of a trial period.
Before signing the document, the employee must familiarize himself with it. It is also necessary to study the internal rules of the company and other local and regulatory documents for signature.
Working time
At what age is an employment contract allowed? We have already found out. Now consider what restrictions are set on the length of working time:
- Up to 15 years: 2 hours 30 minutes per day and not more than 12 hours 30 minutes per week.
- Up to 16 years: up to five hours a day and no more than 24 hours per week.
- Up to 18 years: up to seven hours a day and no more than 35 hours per week.
There are companies that work on a flexible schedule. In this case, the duration of working time is determined by agreement of the parties.
Prohibitions and restrictions
Russian law provides for several restrictions on the use of labor by minors. It is forbidden to give work:
- Severe or hazardous conditions.
- Which may harm health or development.
- Which involves the movement of heavy objects (whose weight exceeds the established norms).
Prohibited:
- Send people under 18 on business trips.
- Use the labor of this category of citizens in overtime work, on night shifts, weekends and holidays.
These prohibitions do not apply to persons employed in the media, cinema, television and video, etc., in addition, persons under 18 years of age should not work:
- concurrently;
- on watch;
- in organizations of a religious nature.
Payment and Compensation
Underage workers can count on paid leave, which lasts 31 days. At the same time, the vacation period is chosen by the employee himself, as indicated in article 267. The age at which the conclusion of an employment contract is allowed may not exceed 14 years, therefore, the legislation has a number of prohibitions regarding rest:
- An employer does not have the right not to grant leave to a person under 18 years of age.
- An employer cannot recall a minor employee from vacation.
- It is forbidden to replace vacation with monetary compensation.
Features of payments for underage workers depend on the payment system at the enterprise itself. Time-based payment implies payments only for the hours worked. At the same time, the employer can pay extra money up to the level of remuneration for employees of the corresponding categories working full time.
In case of piecework, minor employees are paid a piecework salary. At his discretion, the head may pay extra to the employee.
Since the law governs the age at which the conclusion of an employment contract is allowed, respectively, the possible payment methods for those categories of people who combine work and study in educational institutions are indicated. Here, payment is proportional to the hours worked. And at the discretion of the employer, surcharges may be established at the expense of the head himself.
Termination of employment
According to the law, an employment agreement with a person under the age of 18 can be terminated on a common basis:
- by agreement of the parties;
- at the initiative of the employee;
- in translation order.
Such employees are protected by certain warranties. For example, if the employer wants to terminate the contract on his own initiative, he will have to get consent from the state labor inspectorate and the juvenile commission. This rule does not apply to cases when an organization is liquidated or the activities of an individual entrepreneur are terminated.
Terminating an employment contract with a person under the age of 18, you must adhere to the accepted rules:
- Issue an order for dismissal, acquaint an employee with him on receipt.
- Make a record in the labor, indicating the appropriate basis.
- Make all calculations with the employee on the day of dismissal and give the work book.
- The employee must sign in the labor book and in the labor book, thereby agreeing with the reasons for dismissal.
- An appropriate entry is made in the employee’s personal card.
- The employee is issued with certified documents related to the work.
It should be noted that in case of violation of the provisions on the dismissal of persons under the age of majority, the state inspectorate may not approve such a step and may not agree to the dismissal of the employee. In addition, penalties may be imposed on the employer.
This factor is considered to be quite significant when defending the rights of minor workers from the arbitrariness of the boss.
So, we found out at what age it is allowed to conclude an employment contract with citizens, as well as what rights and guarantees such workers have.
It is safe to say that with the proper execution of all documentation and a legitimate approach to business, the employer himself only wins by hiring an employee under 18 years of age. Why is that? Because (as practice shows) young employees are mostly very responsible, quite diligent and diligent in their work. And since the working time is reduced by law to such workers, the pay is correspondingly less, which is less affordable for the head.