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

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The current legislation provides for norms that guarantee the protection of the labor of children and adolescents. In the Labor Code, in particular, there are a number of provisions governing the employment of a minor worker. The step-by-step procedure for enrolling in the state provides for various mandatory activities. Their specificity depends on a number of factors. Consider further how the hiring of a minor worker is carried out.

Legal

In accordance with the 1966 International Covenant on Cultural, Social and Economic Rights, each state must establish age limits below which it is prohibited to use paid child labor. In case of violation of these limits, liability for the employer should also be provided. In addition, punishments should be established for the use of child labor in conditions that are harmful or dangerous to he alth and life. In the Russian Federation there are differentnormative acts ensuring the protection of the rights of minors. State policy as a whole is focused on providing this category of citizens with certain guarantees and assistance to those in need of employment. Thus, the normative acts regulate the procedure in accordance with which the employment of minors aged 14-18 is allowed. In addition, the law provides for the employment of citizens aged 18-20 who are graduates of primary and secondary vocational educational institutions. Social protection of the category under consideration is carried out through the introduction of quotas for jobs. This is established in Art. 11, paragraph 2 of the 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. The 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 ones, may employ a minor at the age of 16 years. At the same time, the legislation provides for a number of conditions under which it is possible to enroll even younger specialists.

SanPiN

In accordance with the established sanitary and epidemiological rules, it is prohibited to hire a minor aged 17 years and younger in hazardous and hazardous industries. This requirement is mandatory for all organizations and individuals whouse the labor of adolescents and organize their training, regardless of departmental affiliation, type of economic activity, organizational and legal status, form of ownership. Thus, the employment of a minor aged 17 years and under is prohibited if the activity will be carried out:

• In harmful/dangerous conditions.
• Underground.
• In conditions that may adversely affect the he alth and moral development of a teenager: in nightclubs and bars, gambling establishments.

Also, such young people cannot be hired if it involves trade, transportation, production of alcoholic beverages, narcotic and other toxic drugs, tobacco products.

Additional bans

Not allowed to accept minors:

1. To the civil service.
2. To emergency rescue professional units and services as rescuers.
3. To private security.
4. To other organizations in which the relevant prohibitions are established by local acts (job descriptions, PTB and others). For example, it is allowed to hire a minor worker of 14 years old in a circus. However, it can only fly non-stop in the air.

Classification

In civil law, minors are divided into two categories:

1. Up to 14 years old. These citizens are considered minors under the Civil Code.
2. 14-18 years -minors.

Also classified by level of education:

1. Full-time students.
2. Officially dropping out of school or gaining knowledge by correspondence.
3. Having a secondary education, part-time students or dropouts.

Employment of a minor worker: documents

The package of papers to be provided to the employer will depend on which group the citizen belongs to. So, a 14-year-old applicant should submit an application. The legislation does not directly establish the filling of this paper, but in practice it is used quite often. In addition, it is highly desirable to have this statement in case 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 also applies to the conclusion of an employment contract. Thus, parents, on behalf of a teenager, write a statement in accordance with which a minor worker will be hired. The step-by-step procedure for including a new employee in the state also provides for a mandatory preliminary medical examination, based on the results of which a medical opinion is issued. This paper should also be provided to the employer. The conclusion should indicate that the he alth status of the adolescent corresponds to the activities that he will perform at the enterprise. The employer should also provide:

1. Written consent from father or mother (guardian). It is expressed in free form and addressed to the headbusinesses.
2. Document of education, availability of special training (knowledge), qualifications.
3. Permission of the body of guardianship and guardianship. This document must specify the permissible duration of work and other essential conditions. The basis for compiling such a paper is the appeal of the parents or the employer.
4. Employment book (if available).
5. Birth certificate/passport.
6. Insurance certificate (if available).

Hiring an underage worker: a step-by-step procedure

All actions related to the conclusion of an employment contract are not carried out by a teenager, but by his guardians or parents. This, however, does not release the employer from a number of responsibilities. In general, the procedure for hiring minors is similar to that provided for fully capable citizens. The teenager must be familiarized with all the local acts of the enterprise directly related to his activities. In particular, they include:

• Job description.
• PTB.
• Rules of the schedule.
• Work schedule.
• Payment terms and so on.

The signature on familiarization with the indicated acts, the order for employment puts, again, not a teenager, but his parent / guardian.

Admission to the staff of full-time citizens

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

1. The work schedule does not coincide with the time of study and does not violate the educational process.
2. The teen is a student, and the corresponding certificate from the educational institution is provided.
3. The proposed activity is included in the category of light work and does not harm the he alth of the child.

There is no explanation of the term "light work" in the legislation. However, ILO Convention No. 138 states that individual rules or legislation of the country may allow the employment of a minor employee (schoolchild) to perform tasks that:

1. Do not appear to be harmful to his development and he alth.
2. Does not affect school attendance.
3. Does not harm participation in career guidance/training programs or ability to apply learning.

Typically, hiring a minor aged 16 or under is done:

• To the courier service.
• For the improvement and landscaping of the urban area.
• To harvest.
• To serve cultural events.
• To care for agricultural plantations and so on.

Regardless of the period for which an underage worker is hired - for the duration of the summer holidays or permanently - a laborContract. As for the papers that should be provided to the employer, their list is supplemented only by a certificate from an educational institution.

Employment of graduates

A minor between the ages of fifteen and sixteen has the right to choose. He can continue his education in a general education school or leave his studies. Depending on their choice, if they want to find a job, a teenager must provide one of the following papers:

1. When receiving education - a certificate of completion of grade 9.
2. When continuing studies in the main program not full-time (remotely, part-time, part-time) - a certificate confirming that he is receiving knowledge in a particular institution.
3. If you stop studying with the consent of your parents or when you are expelled from school - the corresponding order of the director.

The list of other securities is similar to the one above. When concluding an employment contract with a person aged 17-18, one should, among other things, provide a certificate of a citizen who is subject to conscription (certificate of registration).

Checkup

It acts as a prerequisite for the employment of a minor. A preliminary medical examination is necessary to establish the state of he alth of a citizen and the possibility, in accordance with it, to carry out activities in a particular profession. The conclusion of the medical commission is drawn up on the form according to f. No. 086/u. Before reaching the age of 18, minor workersundergo a medical examination every year.

Employment contract

Employment of a minor worker (temporarily) is issued by the relevant order. Based on it, a fixed-term employment contract is concluded if a teenager is enrolled in an enterprise to perform professional activities for a period of up to two months or for a specific season. It is allowed to employ a minor employee under a work contract, taking into account the restrictions provided for by law, for a period of up to a year. The legislation does not provide for the establishment of a trial period for this category of citizens.

St. 268 TK

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

1. Send on business trips.
2. Engage in activities at night, overtime, holidays, weekends.

However, these restrictions do not apply to all minors. The bans do not apply to employees:

• Cinema Organizations.
• Theatres.
• Circus.
• Concert organizations.
• Media.
• Other persons involved in the performance/creation of works, according to the List of works, positions, professions, approved by government decree No. 252.

At the same time, prohibitions on activities should be taken into account:

1. Concurrently.
2. Performed on a rotational basis.
3. In religious organizations under contract.

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

Vacation duration

Like other employees, minors are provided with rest. However, for young professionals, the legislation provides for a longer period. Thus, minors are granted leave of 31 calendar days. The specialist can use this time at any convenient time. At the same time, rest can be provided at the request of the employee until the end of six months of continuous activity at the enterprise. When a specialist combines training in accredited state educational institutions of higher, secondary or primary vocational education, he is en titled to additional holidays. At the same time, his average salary is maintained. It should also be remembered that the employer does not have the right to recall an employee from vacation, to replace the latter with monetary compensation. In addition, the head of the enterprise is obliged to send a specialist on vacation, even if the latter asks to reschedule it.

Salary

In case of time payment, accrual is carried out taking into account the reduced duration of the shift. If a minor works piecework, his calculation is carried out according to the relevant tariffs. Payroll for specialists who study at educational institutions and carry out professional activities at the enterprise in their free time, the calculation is made in proportion to the hours worked or depending on output. From own fundsthe employer can charge surcharges:

1. Up to the level of the salary of specialists of the corresponding categories, subject to the full duration of daily activities on a time-based basis.
2. Up to the tariff rate for the period by which the duration of daily work is reduced.

Termination of contract and liability

Termination of legal relations with a minor employee at the initiative of the employer is allowed with the consent of the labor inspectorate and the CTC. The exception is the termination of the activities of the IP, the liquidation of the organization. Minors bear full property liability for:

1. Intentionally causing damage.
2. Harming while intoxicated (toxic, narcotic, alcohol).
3. Causing damage as a result of an administrative or other crime.

In all these cases, an internal investigation should be carried out.