Employment of a minor worker: step-by-step procedure, documents

In the current legislation, there are provisions that guarantee the protection of children and adolescents. In the TC, in particular, there are a number of provisions regulating the employment of a minor worker. Step-by-step procedure of enrollment in the state provides for various mandatory activities. Their specificity depends on a number of factors. Let's consider further how the employment of a minor worker is carried out.

The legal aspect

In accordance with the International Covenant of 1966 on cultural, social and economic rights, each state should set age limits, below which it is prohibited to use paid child labor. If these limits are violated, there should also be liability for the employer. In addition, punishments should establish the use of child labor in harmful or dangerous for health and life conditions. In the Russian Federation there are various normative acts that ensure the protection of the rights of minors. State policy as a whole is oriented at providing certain categories of citizens with this kind of guarantees and assisting those in need of employment. So, in the normative acts the procedure is regulated, according to which the admission of minors aged 14-18 is allowed. In addition, the law provides for the employment of citizens aged 18-20 years who are graduates of primary and secondary professional educational institutions. Social protection of the category in question is implemented through the introduction of quotas for jobs. This is established in Art. 11, item 2 of Federal Law No. 124.

Restrictions

The law quite strictly regulates the procedure in accordance with which the employment of a minor worker is carried out. Step-by-step procedure for each specific group is explained in the TC. General rules are established in art. 63. In accordance with its provisions, all enterprises, except for harmful and dangerous, are allowed to hire a minor at the age of 16 years. Along with this, the legislation provides for a number of conditions, with the observance of which it is possible to enlist in the staff and younger specialists.

SanPiN

In accordance with the established sanitary and epidemiological rules, the employment of a minor at the age of 17 and under is prohibited for hazardous and harmful production. This requirement is mandatory for all organizations and individuals who use the work of adolescents and organize their training regardless of departmental affiliation, type of economic activity, organizational and legal status, and form of ownership. Thus, the employment of a minor at the age of 17 and younger is prohibited, if the activity is carried out:

• In hazardous / hazardous conditions.
• Underground.
• In conditions that can adversely affect the health and moral development of the adolescent: in night clubs and bars, gambling establishments.

Also, these young people can not be recruited if it involves trade, transportation, production of alcoholic beverages, narcotic and other toxic substances, tobacco products.

Additional prohibitions

Admission of minors is not allowed:

1. To the civil service.
2. In emergency rescue professional formations and services as rescuers.
3. In extra-departmental protection.
4. In other organizations in which relevant prohibitions are established by local acts (job descriptions, PTBs and others). For example, a minor worker is allowed to work for 14 years in a circus. However, he can perform in the air with flights only without a break.

Classification

In civil law, minors are divided into two categories:

1. Up to 14 years. These citizens are counted as juveniles in the Civil Code.
2. 14-18 years - minors.

Also the classification is carried out according to the level of education:

1. Learning internally.
2. Officially terminated studies or receive knowledge in absentia.
3. Those who have secondary education, students in absentia or who have left training.

Employment of a minor worker: documents

The package of securities that must be provided to the employer will depend on which group the citizen belongs to. So, a 14-year-old competitor should be presented with a statement. The law does not directly establish the completion of this paper, but in practice it is used quite often. In addition, it is highly desirable to have this application in the event of a labor dispute. The Civil Code provides that on behalf of a child under the age of 18, all transactions are made by parents. This rule applies to the conclusion of an employment contract. Thus, on behalf of a teenager, parents write a statement according to which a minor worker will be employed. A step-by-step procedure for including a new employee in the staff also provides for a mandatory preliminary medical examination, which results in a medical report. This paper should also be provided to the employer. The conclusion should indicate that the state of health of the adolescent corresponds to the activities that will be performed by him at the enterprise. The employer should also be provided with:

1. Written consent of the father or mother (guardian). It is expressed in free form and is addressed to the head of the enterprise.
2. Document on education, availability of special training (knowledge), qualifications.
3. Authorization of the body of guardianship and trusteeship. This document should indicate the permissible duration of work and other significant conditions. As the basis for drawing up such a paper is the appeal of the parents or the employer.
4. The workbook (if available).
5. Birth certificate / passport.
6. Insurance certificate (if any).

Employment of a minor worker: a step-by-step procedure

All actions concerning the conclusion of the employment contract are carried out not by the teenager, but by his trustees or parents. This, however, does not relieve the employer of a number of responsibilities. In general, the procedure for hiring minors is similar to that for fully capable citizens. A teenager should be acquainted with all the local acts of the enterprise concerning his activities directly. In particular, they include:

• Job description.
• PTB.
• Rules of the order.
• Schedule.
• Terms of payment and so on.

The signature on acquaintance with these acts, the order on employment, again, is not a teenager, but his parent / guardian.

Enrollment of citizens studying internally

The employment of a minor at the age of 15, as well as sixteen and fourteen, is carried out with the compulsory observance of a number of requirements. In particular, the following conditions must be met:

1. The schedule of work does not coincide with the time of study and does not violate the educational process.
2. A teenager is a student, which is provided with a certificate from the educational institution.
3. The proposed activity is included in the category of easy work and does not harm the health of the child.

Legislation lacks clarification of the term "easy work". However, the ILO Convention No. 138 specifies that the individual rules or legislation of a country may allow the employment of a minor employee (schoolchild) to perform tasks that:

1. Do not seem harmful to its development and health.
2. Do not harm the attendance of the school.
3. Do not harm participation in career counseling / training programs or the ability to realize the knowledge gained.

As a rule, the employment of a minor at the age of 16 and under is carried out:

• In the courier service.
• For improvement and gardening of urban area.
• For harvesting.
• For the service of cultural events.
• For caring for agricultural plantations and so on.

Regardless of the period for which a minor is employed, during the summer holidays or permanently, a labor contract is drawn up. As for the papers that should be provided to the employer, only the certificate from the educational institution supplements their list.

Employment of persons who have completed training

A minor at the age of fifteen to sixteen years has the right to choose. He can continue his education in a secondary school or leave school. Depending on your choice, if you want to find a job, the teenager must provide one of the following papers:

1. When getting an education - certificate of graduation 9 classes.
2. When continuing to study the main program is not full (remotely, internally, in absentia, in absentia) - a certificate confirming that he gets knowledge in a particular institution.
3. At the termination of training with the consent of parents or at exclusion from school - the corresponding order of the director.

The list of other securities is similar to the above. At the conclusion of the employment contract with the person of 17-18 years, it is necessary, among other things, to provide the citizen's certificate, which is subject to conscription to the service (pripisnoe sv-in).

Body check

He acts as a mandatory condition for the employment of a minor. Preliminary medical examination is necessary to establish the state of health of a citizen and the ability, according to him, to carry out activities in a particular profession. The conclusion of the medical commission is made out on the form on ф. No. 086 / y. Until 18 years of age, minors undergo medical examinations every year.

Employment contract

The employment of a minor worker (temporarily) is formalized by an appropriate order. On the basis of it, a fixed-term employment contract is concluded if the adolescent is enrolled in an enterprise for performing professional activities for a period of up to two months or for a specific season. It is allowed to hire a minor employee under a contract of employment , taking into account the limitations provided by law for a period of up to a year. Legislation does not provide for the establishment of a trial period for this category of citizens.

Art. 268 TC

This article establishes prohibitions that apply to minors. In particular, adolescents are not allowed:

1. To send in official business trips.
2. Attract to activities at night, overtime, on holidays, weekends.

However, these restrictions do not apply to all minors. Prohibitions do not concern employees:

• Organizations of cinematography.
• Theaters.
• Circuses.
• Concert organizations.
• MASS MEDIA.
• Other persons participating in the execution / creation of works, according to the List of jobs, positions, professions, approved by government decree No. 252.

At the same time, it is necessary to take into account the prohibitions on the activity:

1. At the same time.
2. Performed by the shift method.
3. In religious organizations under contract.

It is also not permissible for minors to conclude agreements on full collective or individual responsibility.

Duration of leave

Like other employees, minors are given rest. However, for young specialists, legislation provides for its long duration. Thus, minors are granted leave on 31 calendar days. Use this time a specialist can at any convenient time. In this case, rest can be provided at the request of the employee before the end of six months of continuous activity in the enterprise. When a specialist combines instruction in accredited state educational institutions of higher, secondary or primary vocational education, he is entitled to additional leave. At the same time, his average salary remains. It should also be remembered that the employer does not have the right to recall an employee from leave, to replace the latter with monetary compensation. In addition, the head of the enterprise is obliged to send a specialist to rest, even if the latter requests to postpone it.

Salary

With time-based payment, the charge is calculated taking into account the shorter duration of the shift. If a minor works piece-work, his calculation is carried out at the appropriate rates. The calculation of wages for specialists who study in educational institutions and carry out professional activities at the enterprise in their spare time, the calculation is made in proportion to the hours worked or depending on the output. From own means the employer can charge additional payments:

1. To the level of the salaries of specialists of the relevant categories, provided the full duration of daily activities in the time-based calculation.
2. Before the tariff rate for the period, which reduces the duration of daily work.

Termination of the contract and liability

Termination of legal relations with a minor employee on the initiative of the employer is allowed with the consent of the labor inspection and the KDN. As an exception, it is the cessation of the activities of the IP, the liquidation of the organization. Minors bear full property liability when:

1. Deliberate infliction of damage.
2. The infliction of harm in a state of intoxication (toxic, narcotic, alcoholic).
3. Causing damage as a result of an administrative or other offense.

In all these cases, an internal investigation must be conducted.