Employment of minor citizens: admission procedure and procedure for dismissal

Is it possible for a teenager to get a formal job? Definitely yes, and this is confirmed by law. There is even a state service for organizing temporary employment of minors, who are children from 14 to 18 years old. About it will be told a little later, but first you should talk about all the nuances and pitfalls associated with this topic.

Right to work

This, as you know, is one of the economic human rights enshrined in many constitutions and international documents. If we talk about our legislation, then the right to work for Russians is guaranteed by the 37th article of the Constitution of the Russian Federation. Each citizen, without exception, can dispose of his own abilities and apply them as he wants - without any discrimination and coercion, plus to all receive a reward for this. But his salary should not be lower than the minimum.

Does this provision apply to adolescents? Not really. Paying attention to the 21st article of the Civil Code of the Russian Federation, it can be noted that in our country children aged 14 to 18 cannot work on an equal basis with adults. Moreover, in this document they are called partially incompetent (due to age, of course). Adults are equated with adults only if they create a family.

Work up to 14 years

Is it possible? Theoretically (in special cases, even practically) - completely. Many children who crave financial independence and independence, find themselves a small part-time job online and try to work for a modest reward. This alignment is quite real, but the official employment of minors under the age of 14 is not, no matter how much the child wishes. If it is formalized, then it will automatically be considered a violation of the law and the exploitation of child labor. And this is worth telling in more detail.

Prohibition of the use of child labor

Everyone knows about it firsthand. Employment of minors is a topic with a lot of pitfalls, and you can learn about many of them by paying attention to article 265 of the Labor Code of the Russian Federation. It lists the main areas of activity in which children from 14 to 18 are prohibited from working.

This list includes dozens of items. Teenagers are forbidden to work in the chemical, microbiological, oil and peat production, in the field of pharmacology, in machine and shipbuilding, in the manufacture of faience, glass and porcelain, in health facilities, in film studios, agriculture, in the textile industry ... And this even far from 1/10 of the full list. It is easier to really list the areas in which the employment of minor citizens seems possible.

But there is an even more exhaustive list of works that are prohibited for adolescents. It is listed in Government Decree No. 163 of February 25, 2000. If desired, you can familiarize yourself with it.

Registration

If, after all, a teenager has found a suitable vacancy (a seller or promoter, for example), then the first thing he needs to do is get written consent from his legal representatives, who are parents / guardians. Secondly, it will be necessary to convince the representative of the guardianship and guardianship body that this activity will not do any harm to his life, health and morality.

When these two steps are successfully completed, the moment of employment of the minor will come.The contract will be concluded on behalf of its legal representative, and nothing else. Otherwise, the court shall recognize the signed contract as invalid and void.

Rights of a working teenager

After the first employment of minors aged 14 to 18, several new rights appear. Here are which ones:

• The right to receive a salary and in the future to manage it as you want. However, if parents or guardians objectively notice the teenager’s inability to spend money competently, they can file a lawsuit to limit / deprive him of the right to manage his salary before he reaches adulthood. Money will accumulate. Nobody claims to be them - this measure is taken so that the teenager does not feel any regret in the future for thoughtlessly and recklessly spent money “in his youth”.
• The right to conclude any transactions of a domestic nature that do not need to be certified by a notary. These are such trifles as the purchase of school literature, products, travel documents, etc.
• The right to engage in intellectual activity. This includes writing and publishing articles, books, scientific papers. Teenagers, called geeks, with their talents and incredible performance are still legally considered partially incompetent. But no one can forbid them to intellectually express themselves.

Studying the topic of employment of minors of 14 years old, it must be remembered that local self-government is also carried out in the Russian Federation - certain regulatory legal acts of the subjects of our country can make their own clarifications regarding the process of registering adolescents. Therefore, even after studying the issue in detail, you will have to clarify and discuss each step with a specialist of the notorious guardianship and guardianship authorities, as well as with the employer.

Permissible load

Almost every job is associated with physical labor. It is not surprising that the law, in the seventh decree of the Ministry of Labor of April 7, 1999, spelled out maximum load standards for adolescents. Considering the topic of employment of minor citizens, it is worth paying attention to this situation. It is most convenient to present the data in a table.

Compliance with these standards is crucial when it comes to employing minors. They can be exceeded only if a working teenager is an athlete, accustomed to stress, and then it is undesirable. The law really strictly regulates the conditions and rights of working adolescents.

Features of the organization of employment of a teenager

And now we can return to the topic of temporary employment of minors, carried out with state support.

In accordance with our law, temporary work for adolescents lasts one month. It can get students in secondary schools in their free time. The Bank of temporary vacancies is formed by specialists of employment services. The same organizations, by the way, provide material support to adolescents working on temporary jobs. She is 1,275 p.

First of all, vacancies are provided to orphans, as well as to those who are left without parental care. Adolescents from the risk group, which include families with incomes below the subsistence level, also go separately from the total mass of people who want to work.

Areas of activity and working hours

These important nuances should also be noted by attention, discussing the employment of minors. So, here are the areas in which the state contributes to the work of adolescents:

• Paperwork.
• Delivery of press / correspondence / documents.
• Cleaning of urban areas, recreation areas and premises.
• Design work.
• Land improvement and greening.

Everything is clear with this. But what about working hours? Naturally, it differs from the “adult” norms - this is another feature of the employment of minors. During the holidays, children from 14 to 16 years are allowed to work 5 hours a day. For adolescents aged 16 to 18 years, the working day is increased to 7 hours.

But during the training process, both maxima are significantly reduced - up to 2.5 and 3.5 hours, respectively. It’s clear why. Work is work that is even a little tiring (even the most ardent enthusiasts). And the children need more strength to learn.

How to get the “teenage” employment service?

If the child wants to queue for a vacancy under the program for organizing the employment of minors, then you will have to contact the local employment center with the following documents:

• Application for the provision of services.
• Passport of a citizen of the Russian Federation.
• Certificate from your educational institution about the passage of training.
• Disability rehabilitation program (for children in this category).
• Personal account data to which material support will be transferred.
• Certificate of no criminal record.

By the way, in our time, an application can be filled out through the portal of public services by providing scanned copies of all of these documents. Information is sent to the employment center online, after which it is checked by the employee of the service, and if everything is in order, the teenager brings the originals at the appointed time, bypassing all sorts of queues.

Dismissal of a teenager

If temporary employment of minor citizens is carried out taking into account countless nuances, then dismissal occurs in accordance with the same rules as in the case of adults.

It is drawn up by order of the head of the organization. With this order, the teenager is further acquainted with the list.

The day of dismissal is the last working day (as a general rule), on which the final settlement with the employee takes place and the subsequent issue of the work book to him. Certified copies of documents related to the activities carried out, as well as a certificate in the form of 2-NDFL, may be attached to it. But only if the person asked for it in writing.

It is important to take into account the provision of Article 269 of the Labor Code of the Russian Federation, which describes the nuances regarding the dismissal of a minor employee on the initiative of his employer. There are only two of them. In order to dismiss a teenager, the employer must obtain permission from the state labor inspectorate, as well as from the commission for the protection of the rights of minors. It is necessary. If there is no consent from these organizations, then the dismissal will be ultimately declared unlawful in accordance with paragraph 23 of the decision of the Plenum of the Supreme Court of Russia dated January 28, 2014 No. 1.

Voluntary care

Worked - did not like it, this also happens. What to do? Everything is much simpler here than in the case of dismissal at the initiative of the employer. Before, things were more serious: even if the child left of his own free will, the commission on juvenile affairs was informed about this. In order for her representative to find out if the employer pressed on the teenager, so that he quits. Now there is no such requirement, it was removed.

What about dismissal after the expiration of the temporary part-time job? As mentioned earlier, in accordance with the law, it lasts 1 month. This term is indicated in the employment contract concluded by the representative of the teenager with the employer. And when it expires, then its action ceases. This is called termination of employment due to termination of employment. The final calculation, the issuance of the work book is made, and that's it - the teenager ceases to be an employee of one or another organization.