At what age is it legal to enter into an employment contract? Scientists' views on the age periods of human life

Which one is installed? minimum age employee to conclude an employment contract?

My son is 13 years old. He is currently on vacation and wanted to earn some money. pocket money. We called several organizations; many places require couriers and laborers. Everywhere we went, as soon as we heard about the boy’s age, they immediately politely said goodbye, explaining that minors were not hired.

Is such a refusal a whim of the employer or is there a minimum age for an employee to enter into an employment contract?

Refusal to hire a teenager who has reached the age of 13 is not a whim of the employer, but a requirement of labor legislation. The age at which it is permissible to conclude an employment contract is established in Article 63 Labor Code RF.

By general rule concluding an employment contract is allowed with persons who have reached the age of sixteen.

From of this rule there is an exception. has the right to carry out labor activities in the territory of the Russian Federation only upon reaching the age of eighteen years.

An employment contract can be concluded with a person who has reached the age of fifteen years, provided:

• the minor has received or is receiving basic general education;
• or left educational organization before receiving education or was expelled from it;
• if a minor is studying, then he can work in his free time from receiving education and without prejudice to his development educational program;
• the minor’s work will be light and incapable of causing harm to his health.

An employment contract can be concluded with a person who has reached the age of fourteen, provided that:

• the teenager receives general education;
• The proposed work must be in the category easy work and should not cause harm to health;
• A teenager can work only in his free time from school and not at the expense of the educational program;
• one of the teenager’s parents and the guardianship and trusteeship authority must give their consent to his employment.

An employment contract cannot be concluded with a person under the age of fourteen. Exceptions are allowed in cinematography organizations, theaters, theater and concert organizations, and circuses.

To conclude an employment contract with a person under the age of fourteen, it is necessary

• consent of one of the legal representative;
• permission from the guardianship and trusteeship authority;
• the assigned work must not cause harm to health and moral development child.

Summarizing. To conclude an employment contract, the employer must strictly take into account the age of the employee. The legislator separately regulates labor relations with minors, establishes more favorable conditions labor in order to obtain education, protect their physical and moral development.

Position judiciary on the application of legislation regulating the labor of minors in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 N 1

P.S. Information about the employee’s age for concluding a work permit may have partially lost force due to the fact that on July 1, 2017, Federal Law No. 139-FZ was signed, which makes changes to the regulation of the labor of minor workers.

Often, an enterprise or company requires workers who do not necessarily have a higher education or be of age.

However, it is naive to believe that since people are under 18 years old, they do not have rights.

Is it generally permissible to conclude an employment contract with persons over the age of 16? Yes, but working relationships with persons under eighteen years of age have their own characteristics.

At what age can you enter into an employment contract?

At what age can you enter into an employment relationship? On general principles an employment contract can be concluded if the employee is 16 years old.

At this age, this is already done independently. This is the minimum age limit. This is stated in the first paragraph of Article 63 of the Labor Code of the Russian Federation.

However and up to 16 years of age a person can get a job. So, if a candidate is 15 years old and has a general education behind him, if a person continues to study on a non-full-time basis, or if he left educational institutions without violating the laws of the Russian Federation, then he can count on a job. A caveat must be made: at this age, the work is expected to be easy.

Even at the age of 14 you can enter into an agreement with an employer, but in this case permission to carry out labor activity will be provided by the parents of the minor. This condition can be found in paragraph 3 of the Labor Code of the Russian Federation. A prerequisite for carrying out work at this age will be the obligation of the authorities not to interfere with obtaining an education: the work schedule should not interfere with studies.

What kind of employment contract is concluded with a minor?

All employment contracts are different in duration and specificity. The most common hiring of minor workers is on a fixed-term basis - that is, for seasonal work.

These include any activity that is possible only in certain weather and climatic conditions. Usually, this activity

is carried out for no more than 6 months, after which the contract terminates. This option is good for the employer, because upon expiration of the specified period, his contract is automatically terminated. If we are talking about a regular contract, then the dismissal of a minor employee at the initiative of the hiring party is very problematic. If we are talking about good worker who is ready not for seasonal work, but for permanent work, then it makes sense to conclude an open-ended employment contract. In this case, even though he will differ from a contract with a person over 18 years of age in a number of restrictions

, but will be an equally reliable document.

Features of the contract with children under 18 years of age The agreement with the teenager has a number of legal features which must be complied with. Among them are those that.

provide benefits to a minor worker, but there are a number of restrictions

Temporary operating mode Therefore, the Labor Code of the Russian Federation (namely, Articles 92 and 94) provides for a certain operating mode for: minors

At 14 and 15 years old, you are allowed to work no more than 2.5 hours a day and no more than 12 hours a week.

At the age of 16, you can already work 5-7 hours a day, but the duration per week should not exceed 17.5 hours. An important point here will be the difference in production standards. The legislation establishes more lenient requirements for minors

, directly proportional to the number of hours they are allowed to work.

Wage This unit depends, first of all, on how labor is paid in the organization.

That is, the employee, despite his age, will receive the funds due to him depending on the time worked. The system works most simply in the case of hourly payment – as much work is done, so much will be paid. However, the Labor Code specifies that according to at will

the employer may pay premiums based on the employee's age. Very often companies do this.

Annual basic paid leave for employees under the age of eighteen is provided for a duration of 31 calendar days at a time convenient for them.

Moreover, in the case of teenagers, the employer does not have the right to recall them from vacation or replace the mandatory number of days of rest to work for a fee.

Probation

It would be more correct to write – absence probationary period.
This required condition, which is guaranteed by Article 70 of the Labor Code of the Russian Federation.

In addition to these points, there are a number of restrictions on the type of activity for persons under 18 years of age: they cannot work in establishments that influence moral education(bars, nightclubs, cabarets, shops alcoholic products), on a dangerous and hazardous production. They should not lift heavy objects, work at night or overtime, holidays and official holidays.

Documents for employment as a general rule

In addition, Article 42 of the Labor Code of the Russian Federation obliges a minor employee to undergo medical commission in order to understand whether he can work. A 14-year-old employee must also provide written permission from a parent or guardian. If a citizen is no longer studying for 15 years for one reason or another, he must submit a document explaining the reasons for this.

Without a medical commission, an employer has no right to employ an employee in any position., be it a permanent or seasonal contract. Medical examination carried out in specialized institutions, it will be necessary to undergo an otolaryngologist, an ophthalmologist, a surgeon, a psychiatrist and a narcologist (usually one specialist), and a therapist.

It is also necessary to submit required tests biomaterial (blood, urine, feces) and obtain a health certificate. Such an event allows the employer to be sure that the teenager is able to work, has no physical disabilities and has the necessary characteristics for work.

If it is discovered that the employee does not have health book and has not passed the mandatory medical examination, then the company is waiting administrative responsibility and fines. Medical checkup paid entirely by the employer and at his direction.

Termination of labor relations

If an enterprise is liquidated, then everything is still carried out within the framework of the law. The only one important point is that the labor inspectorate for minors must be warned. This body ensures the fulfillment of the labor rights of citizens under 18 years of age.

Termination procedure labor relations with an employee under 18 years of age looks like this:

An employee can write a complaint to the labor inspectorate and get it satisfied.

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Conclusion

This is not to say that employing a minor worker is a headache. You just need to remember that a contract with a person under 18 years of age has its own characteristics that need to be known and followed.

For this you will receive, in 90% of cases, a very diligent, lively and active young man who wants to earn money and gain life experience. Now you know that general age for official labor relations is 16 years.

At what age can you enter into an employment contract in 2018?

Many teenagers want to earn extra money, especially in the summer, during the holidays. The law allows the employment of minors, but subject to certain conditions. Read what age you can enter into an employment contract in 2018.

Read our article:

The age at which it is permissible to conclude an employment contract under the Labor Code of the Russian Federation

According to Art. 63 of the Labor Code of the Russian Federation, concluding an employment contract is, as a general rule, possible from the age of 16. It is from this moment that the teenager can sign a contract independently and individually, without the participation of parents and guardianship authorities.

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Of course, he cannot work on the same level as adults. The working week of a sixteen to eighteen year old employee should be no more than 35 hours. There are other preferences - related to the nature of the work, wages, provision of leave, etc., aimed at protecting the health of minors.

If a teenager is busy piecework, the norm fulfilled by him is paid, and it is adjusted taking into account shortened shifts. If the work is paid on a time basis, the money is also calculated proportionally. The employer has the right to pay minors at the level of “adult” rates (Articles 270, 271 of the Labor Code) and to issue bonuses. If the monthly salary is lower than the minimum wage, then the difference is paid territorial center employment. Sick leave for minors is paid on a general basis.

The law also protects the right to leave for teenagers. After he has worked at the company continuously for 6 months, he is entitled to vacation (31 days). At the same time, the employer has no right to either recall the minor from vacation, or postpone vacation, or offer monetary replacement(Article 122, 124-126 Labor Code).

Employment from 15 years of age

The same Article 63 of the Labor Code allows certain cases accept on light work and teenagers under 16 years of age. Thus, the employer has the opportunity to hire 15-year-old citizens, but only if they comply with the requirements of the legislation on compulsory secondary education.

A teenager can work from the age of 15 if he:

• Graduated from high school.
• Studying at evening school or distance learning.
• Left school on other grounds, which is supported by a document.

The working week of 15-year-old employees cannot exceed 23 hours.

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In order for a 14-year-old teenager to begin working, the written consent of one of his parents and the guardianship authorities is required. Without their permission, an employment contract cannot be concluded.

But the work should be easy, and the conditions and working hours should be such that the young worker can continue his studies at school. The working week, as in the previous case, is limited to 23 hours.

Conditions of employment under 14 years of age

IN in rare cases You can also hire an employee under 14 years of age. Theatres, circuses, cinematographic and concert organizations have the right to do this. It is important that in this case the agreement is concluded with the child’s parent and with the consent of the guardianship. And work itself, in addition to its feasibility for the child, should not interfere with his ethical and moral education.

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How to get a teenager to work

In order to register a young employee according to all the rules, you will need the following set of documents:

• Passport (birth certificate).
• SNILS.
• Consent of the teenager's father or mother. It is written in free form.
• Consent of the guardianship authorities, if the person hired is under 16 years of age.
• Education documents. This could be a certificate from school, college, college, certificate, certificate, etc.
• If the teenager already has a work record, then this will also be needed. For boys, you need a certificate from the military registration and enlistment office.
• And the most important thing is documents confirming a medical examination, which the employer must pay for. Having a conclusion that a teenager can work will insure the organization against possible claims from supervisory authorities.

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Most often, when hiring teenagers, a fixed-term contract is used (Article 59 of the Labor Code of the Russian Federation). By nature fixed-term contracts relevant specifically for young people. These are a variety of temporary, seasonal (for example, during summer holidays) work, targeted activities (performing a specific work task), and replacing an absent key employee.

But there is no prohibition on a regular open-ended employment contract; the employer and the teenager have the right to conclude one.

The following information is included in the employment contract (according to Article 57 of the Labor Code):

• Information about the employee and employer.
• Information about the date and place of conclusion of the contract.
• Work start date. For fixed-term contract– its duration.
• Conditions in the workplace, work and rest hours.
• The work activity of the person being hired is described.
• Payment procedure for work.
• Conditions of social insurance.

There is no probationary period for teenagers, no matter what type of contract is concluded.

When hiring minors, it is important to remember the rules for their dismissal. The easiest way is when the contract is terminated due to the end of its validity - the target work has been completed, the season has ended, etc., or the teenager himself wants to stop working. In other cases, dismissal will have to be agreed upon with the commission on minors' affairs. labor inspectorate. It is impossible to part with a young employee without their knowledge and consent (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Restrictions when concluding an employment contract with minors

The terms of contracts with minor employees are stipulated in Chapter 42 of the Labor Code, Articles 92 and 93. All legal requirements are directly related to protecting the health and morals of young people. Thus, the operating hours are limited, and activities in “adult” institutions, for example, nightclubs, are prohibited.

The lenient working regime for minors depends on whether the teenager continues to study at school or not.

For those who are studying, from 14 to 16 years old the work shift can be only two and a half hours, from 16 to 18 years old - 4 hours. For those who do not attend an educational institution - 5 and 7 hours, respectively. There are also restrictions on the number of working hours per week - for example, from 16 to 18 years old, the working week cannot total more than 35 hours, for more younger age– 23 hours.

For all teenagers, hiring for shift work, dangerous or financially responsible positions, work on night shifts, on weekends and holidays, overtime and business trips is generally prohibited. Of course, working in harmful and dangerous conditions is unacceptable. Full financial liability is not applicable to them, except for the cases provided for in Art. 242 of the Labor Code of the Russian Federation - if the harm was caused intentionally, in a state of intoxication, as a crime or administrative offense.

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Employment contract with a minor employee sample 2018

Often they take on temporary work citizens of the Russian Federation who have not reached the age of majority. Much less often permanent basis. The law protects citizens under the age of majority through various acts.

Particular interest is paid to relationships among minors and their employers. Let's look at what main aspects exist for hiring children and teenagers.

Conclusion of an employment contract with minors under the Labor Code

According to the Labor Code of the Russian Federation, following conditions concluding an employment contract with minors is unacceptable:

1. Operating in an unsafe and harmful environment.
2. Official travel and activities in overtime, on holidays and weekends.
3. Work with weights that exceed the generally accepted limits set by law.
4. Being underground is detrimental to well-being and mental development.

Features of concluding an employment contract with minors

When drawing up an agreement, the following documents must be on hand:

1. Passport or other document confirming your identity.
2. SNILS.
3. Act on education, presence of specialized knowledge.
4. Army records.
5. A document confirming your health, which can be purchased during a medical examination.
6. Papers proving the approval of one of the parents.
7. Act of educational institution, with the training time noted.

The conclusion should indicate:

1. Papers confirming the identity of the employee.
2. Duration of the agreement.
3. Location, job functions of the employee and start date.
4. Circumstances of payment for work, procedure working day and rest.
5. Circumstances of employee insurance.
6. Other circumstances prescribed by law.

The following supporting papers must be attached to the conclusion:

1. Instructions during operation.
2. Schedule and price for labor.
3. Non-disclosure agreement.

After signing the agreement and issuing a decree on hiring, the employee must be familiar with the instructions internal regulations and other regulations reflecting its upcoming activities. In addition, the employee is required to read the safety instructions.

Termination of an employment contract with minor workers

The legislation of the Russian Federation, for persons under the age of majority, introduced special circumstances upon dismissal. Retrenchment at the initiative of the employer is permitted only with the permission of certain government organizations, to protect the rights of minors. The exception to the rule is the elimination of a company.

Sample employment contract with a minor employee

Persons under the age of majority have the right to personally formalize working relationships from the age of sixteen. However individual areas jobs, also defined as work relationships, may employ younger persons.

But in these cases, it is necessary to involve their representatives in creating an agreement - the father and mother and the guardianship authorities.

At what age can you conclude an employment contract as a general rule?

The law takes into account agreements with individuals over 16 years of age, and with individuals under 16 years of age, the agreement will be concluded subject to the fulfillment of certain conditions.

Employees who have reached 15 summer age, have the ability to enter into an agreement only for the performance of simple activities and under the following circumstances:

• There is primary education;
• Can continue to study;
• I quit studying under the Federal Law.

Students who have reached the age of 14 may have a work agreement in the following cases:

• There is an agreement in hand from one of the parents (father and mother);
• Work that does not cause any harm to well-being during work, in a period separate from study.

Individuals under 14 years of age have the opportunity to work in the following cases:

• This is a stage, cinema, concert or circus system;
• There is no damage to well-being;
• There is an agreement in hand from one of the parents (father or mother).

Example of an employment contract with a minor employee

Maxim Korolev (15 years old), works in the “Bachelor” cafeteria. He entered into an agreement in which it was written that he received payment only after the 5th month, and every month he was paid 60% of the total salary.

After 5 months, the entrepreneur wants to fire him without paying the rest of his salary, due to absenteeism (he only asked for time off 2 times, and then because of his studies).

Representatives of the State Inspectorate took charge of this and the entrepreneur had to pay the remaining amount, as well as properly formalize the dismissal.

Fixed-term employment contract with a minor employee - sample

Often, a fixed-term employment contract is concluded with an employee who has not reached the age of majority. certain period(for example, during the holidays).

This type of agreement is more beneficial for the employer due to the fact that its validity period is specified. In this case, upon termination of the agreement, there will be no need to coordinate the dismissal with government agencies.

Procedure and grounds for amending and terminating the contract. As a general rule, contracts must be performed even after the conclusion of the contract.

Article 63 of the Labor Code of the Russian Federation. Age at which it is permissible to conclude an employment contract

The conclusion of an employment contract is allowed with persons who have reached the age of age; an employment contract can be concluded with a person receiving a common one; all of them, as a rule, are accompanied by numerous references to norms.

63 of the Labor Code of the Russian Federation, concluding an employment contract (as a general rule) is allowed with persons who have reached the age of age. 1) 16 years old. 2) 18 years old.

The conclusion of an employment contract is permitted with persons who have reached the age of sixteen, except for the cases provided for by this Code and other federal laws. Persons who have received general education or are receiving general education and have reached the age of fifteen years can enter into an employment contract to perform light work that does not cause harm to their health.

As a general rule, the conclusion of an employment contract is allowed with persons who have reached the age of 16 years (Article 63 of the Labor Code of the Russian Federation). who have reached the age of 15 years.

Age at which it is permissible to conclude an employment contract An employment contract can be concluded with a person receiving general education.

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Employment contract age as a general rule

Employment contract With a minor worker, hereinafter referred to as the Employer, in the person acting on the basis, on the one hand, and, hereinafter referred to as the Employee, on the other hand, together referred to as the Parties, and individually – the Party, have entered into this an employment contract (hereinafter referred to as the Agreement) on the following: 1. Subject of the agreement 1. In accordance with the terms of the Agreement, the Employer undertakes to hire the Employee for a position (hereinafter referred to as the Job) c. In accordance with the terms of the Agreement, the Employee undertakes to personally fulfill his job responsibilities in accordance with the Agreement and Job description(Appendix. Work under the Contract is the main place of work and type of employment for the Employee. Persons under the age of eighteen are hired only after a preliminary mandatory medical examination.

According to the general rule, the guilt of the debtor who violated the obligation: is a condition of the debtor’s liability, it can be assumed to be intentional and careless 125. As a general rule, the contract is considered to be compensated 126.

Nature of work: (mobile, traveling, on the road, other type of work). Working conditions at the workplace: .

Contract time. The agreement comes into force on and is concluded on indefinite term. Comply with labor laws and other regulations, containing norms labor law, local regulations, terms of the collective agreement, agreements and this Agreement. Provide the Employee with the Work stipulated by the Contract. Ensure safety and working conditions that comply with government regulations regulatory requirements labor protection. Provide the Employee with equipment, tools, technical documentation and other means necessary for him to perform labor responsibilities. Pay on time and on time full size due to the Employee wages within the time limits established by the Agreement, the Labor Code of the Russian Federation, collective agreement, internal rules labor regulations.

Implement mandatory social insurance The worker is fine established by law. Compensate for harm caused to the Employee in connection with the performance of his job duties, as well as compensate for moral damage in the manner and under the conditions established by law.

As a general rule, an agreement can be concluded through the exchange of documents, however, the law establishes cases when the agreement must be drawn up in the form of one document signed by the parties (for example, a real estate purchase and sale agreement - Art.

• As a general rule, letters and agreements of intent should be considered a stage of negotiations on concluding a future agreement, which legal duties for the parties do not generate.
• As a general rule, the counterparty has the right to demand performance under the contract, but situations are possible when such a right arises in a person who did not participate in the conclusion of the contract.
• An agreement, as a general rule, can be concluded in any form provided for civil law for making transactions, except for cases when a certain form is established by law for contracts of this type.
• In addition, the contract may contain ordinary, accidental and other conditions that mandatory approval not required. Normal conditions arise from the essence of the contract and, as a rule, do not require mandatory approval.

As a general rule, a storage agreement is real. In cases where the contract is concluded with professional custodian, it can be constructed as consensual (the thing is transferred to stipulated by the contract term). As a general rule, the obligation to deliver goods lies with the supplier. However, the contract may provide for the selection of goods by the buyer himself from the supplier at the location of the goods. According to the general rule established labor legislation, an employment contract can be concluded with an employee who has reached the age of 16 (Article. The conclusion of an employment contract, as a general rule, is allowed with persons who have reached the age of 16 years (general age). Now he has the right to independently, without the intervention of the educational organization and parents, put his signature under contract.

Personally and conscientiously perform job duties in accordance with the Job Description, which is an integral part of the Agreement. Comply with labor discipline and internal labor regulations. Comply with occupational health and safety requirements.

Treat with care the property of the Employer and other employees, including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property. Immediately notify the Employer or to the immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property, including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property.

Before reaching the age of 1. Compensate for damage caused to the Employer in accordance with labor legislation and the Contract.

The Employer has the right to: 3. Monitor the proper compliance by the Employee with the requirements of the law, local regulations of the Employer, the Agreement and other documents.

News collective bargaining and enter into collective agreements. Encourage the Employee for being conscientious efficient work. Require the Employee to be conscientious and proper execution obligations under the Contract and careful treatment of the property of the Employer and other employees, including the property of third parties located by the Employer, if the Employer is responsible for the safety of this property. Require compliance with internal labor regulations. Involve the Employee in disciplinary and financial liability in the manner prescribed by law. Adopt local regulations. Engage the Employee to work outside the working hours established in paragraph.

Agreements, in the manner prescribed by labor legislation. The Employee has the right: 3. To be provided with Work stipulated by the Contract.

On workplace, complying with state regulatory requirements for occupational health and safety. To provide everything necessary to implement it labor functions and creation of working conditions provided for by current legislation and the Agreement. To protect personal data. In a timely and in full payment of wages in accordance with paragraph.

For the duration of working hours in accordance with the law and the Agreement. For professional training, retraining and advanced training. For compensation for damage caused to the Employee in connection with the performance of work duties, and compensation moral damage in the manner prescribed by law. Guarantees and compensations. During the period of validity of the Agreement, the Employee is subject to guarantees and compensations provided for by labor legislation and local regulations.

Damage caused to the Employee by injury or other damage to health associated with the performance of his work duties is subject to compensation in accordance with the law. When the Employee uses, with the consent or knowledge of the Employer and in his interests, personal property, the Employee is paid compensation for the use, wear and tear (depreciation) of tools, personal vehicles, equipment and other technical means and materials belonging to the Employee, as well as reimbursement of expenses associated with their use. The employee is assigned working hours: a forty-hour work week with five working days and two days off (Saturday and Sunday). Duration daily work set from to o'clock, lunch break from to o'clock. Annual basic paid leave is provided for a duration of 3.

Worker time. 5. The right to use vacation for 1 (first) year of work arises for the Employee after 6 (six) months of his continuous work with the Employer. By agreement of the parties, paid leave may be provided to the Employee before the expiration of 6 (six) months.

Leave for the 2nd (second) and subsequent years of work can be provided at any time of the working year in accordance with the order of provision of annual paid leave established by the Employer. By family circumstances and others good reasons At his request, an employee may be granted a short-term leave without pay, the duration of which is determined by agreement between the Employee and the Employer. The Employer undertakes to pay wages directly to the Employee. The Employer undertakes to pay wages to the Employee at the place where the Employee performs the work. Payments are made in in cash in foreign currency Russian Federation(in rubles). Responsibility of the parties. The parties bear responsibility in accordance with Russian legislation.

The parties bear disciplinary, material, civil law, administrative and criminal liability in the manner prescribed by Russian legislation. The Party that caused damage to the other Party shall compensate for this damage in accordance with Russian legislation. Grounds and procedure for termination of the contract.

The contract may be terminated on the grounds provided for by the Labor Code and other federal laws. When carrying out measures to reduce the number or staff of the organization’s employees, the Employer is obliged to offer the Employee another available job ( vacant position) in accordance with part of the Labor Code of the Russian Federation. 8. 3. The Employee has the right to terminate the Contract by notifying the Employer about this writing no later than two weeks. Flow specified period begins the next day after the Employer receives the Employee’s resignation letter. The Employer is obliged to warn the Employee about upcoming dismissal in connection with the liquidation of the organization, reduction in the number or staff of the organization's employees in writing against signature at least two months before dismissal. Employer with written consent The employee has the right to terminate the Contract with him before the expiration of the above period by paying him additional compensation in the amount of the Employee’s average earnings, calculated in proportion to the time remaining before the expiration of the notice of dismissal period. The employer undertakes to pay severance pay in the amount of average monthly earnings, and also retain the Employee’s average monthly earnings for the period of employment, but not more than 2 (two) months from the date of dismissal (including severance pay) upon termination of the Contract with the Employee due to the liquidation of the organization, reduction in headcount or staff employees of the organization.

The Employer undertakes to pay severance pay in the amount of two weeks' average earnings upon termination of the Contract with the Employee in connection with: - the Employee's refusal to transfer to another job, which is necessary for him in accordance with medical report issued in the manner prescribed by law, or the Employer’s lack of relevant work; — with the Employee’s call to military service or by sending him to an alternative civil service replacing it; — with the Employee’s refusal to be transferred to work in another location together with the Employer; — with the recognition of the Employee as completely incapable of working in accordance with a medical certificate issued in the manner established by law; — with the Employee’s refusal to continue Work due to a change determined by the parties terms of the Agreement. Agreement of the Parties or a collective agreement (or other local act) may provide for other cases of payment of severance pay, and also establish increased sizes severance pay. Termination of the Agreement at the initiative of the Employer (except in the case of liquidation of the organization or termination of activities individual entrepreneur) in addition to compliance general order permitted only with the consent of the relevant state inspection labor and commission on affairs of minors and protection of their rights.

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The conclusion of an employment contract is permitted with persons who have reached the age of sixteen, except for the cases provided for by this Code and other federal laws.

Persons who have received general education and have reached the age of fifteen years can enter into an employment contract to perform light work that does not cause harm to their health. Persons who have reached the age of fifteen years and, in accordance with federal law, have left general education organization before receiving basic general education or expelled from the specified organization and those who continue to receive general education in another form of training may enter into an employment contract to perform light work that does not harm their health and without compromising the development of the educational program.

With the written consent of one of the parents (guardian) and the guardianship authority, an employment contract can be concluded with a person who has received general education and has reached the age of fourteen to perform light work that does not harm his health, or with a person who has received general education and who have reached the age of fourteen, to perform light labor in their free time from receiving education, which does not cause harm to their health and without prejudice to the development of the educational program.

In cinematography organizations, theaters, theatrical and concert organizations, circuses, it is allowed, with the consent of one of the parents (guardian) and the permission of the guardianship and trusteeship authority, to conclude an employment contract with persons under the age of fourteen to participate in the creation and (or) performance (exhibition) ) works without harming health and moral development. In this case, the employment contract on behalf of the employee is signed by his parent (guardian). The permit from the guardianship and trusteeship authority specifies the maximum permissible duration of daily work and other conditions under which the work may be performed.

Comments to Art. 63 Labor Code of the Russian Federation

1. A student who has reached the age of 15 years, with the consent of parents (legal representatives) and local authority education management can leave educational institution until he receives basic general education in accordance with paragraph 6 of Art. 19 of the Law of the Russian Federation "On Education".

2. For stevedores and stokers in the navy, the minimum age is established by ILO Convention No. 15 (Geneva, October 25, 1921).

3. For the admission of children to work at sea, the minimum age is established by ILO Convention No. 7 (Genoa, June 15, 1920), which has not been ratified by the Russian Federation.

4. The age for the admission of children to non-industrial work is established by ILO Convention No. 33 (Geneva, April 30, 1932), which has not been ratified by the Russian Federation.

5. The minimum age for employment is established by ILO Convention No. 138 (Geneva, June 26, 1973), ratified by the USSR on March 5, 1979.

The purpose of setting an employment age is to completely eliminate child labour and gradually raise the minimum age for employment to a level commensurate with the fullest physical and mental development of adolescents.

No teenager under 15 years of age is permitted to work as an employee or to engage in any other work in any profession.

A state whose economy and educational system are insufficiently developed may, after consultation with interested organizations of employers and workers, where they exist, initially set the minimum age at 14 years (see Article 63 of the Labor Code).

The minimum age for admission to any type of employment or other work which, by its nature or by reason of the circumstances in which it is carried out, is likely to be harmful to the health, safety or morals of a young person, shall not be less than 18 years.

National legislation may permit employment or other work by persons at least 16 years of age, provided that the health, safety and morals of such youth are fully protected and that such youth have received adequate special training or vocational training in the relevant field of activity.

6. List of heavy work and work with hazardous or dangerous conditions labor, in the performance of which the use of labor by persons under 18 years of age is prohibited, approved. Decree of the Government of the Russian Federation of February 25, 2000 N 163.

7. Part-time work of persons under the age of 18 in heavy work, work with harmful and (or) dangerous working conditions is not allowed, if the main work is related to the same conditions, as well as in other cases established by federal laws (Article 282 TK).

8. To the work performed on a rotational basis, persons under the age of 18 cannot be involved (Article 298 of the Labor Code).

9. Right of admission to public service Citizens of the Russian Federation are at least 18 years old (Article 21 Federal Law dated July 27, 2004 N 79-FZ "On State civil service Russian Federation").

10. For municipal service in accordance with Art. 16 of the Federal Law of March 2, 2007 N 25-FZ "On Municipal Service in the Russian Federation" citizens who have reached the age of 18 years and who own state language Russian Federation and relevant qualification requirements to fill municipal service positions, in the absence of the circumstances specified in Art. 13 of the said Federal Law as restrictions related to municipal service.

11. Employees departmental security may be citizens of the Russian Federation who have reached the age of 18 years (Article 6 of the Federal Law of April 14, 1999 N 77-FZ “On Departmental Security”).

12.V religious organization the employer has the right to conclude an employment contract with an employee who has reached the age of 18 (Article 342 of the Labor Code).

13. In accordance with the Rules for the admission of persons to work with drugs And psychotropic substances(approved by Decree of the Government of the Russian Federation of August 6, 1998 N 892) persons under 18 years of age are not allowed to perform such work.

14. Citizens who have reached the age of 20 years, meet qualification requirements and have no medical contraindications are allowed to work with toxic chemicals related to chemical weapons (Article 2 of the Federal Law of November 7, 2000 N 136-FZ "On social protection citizens engaged in work with chemical weapons").

15. In accordance with Art. 19 of the Law of the Russian Federation "On Education" with the consent of parents (legal representatives), the commission for minors and the protection of their rights and the body local government who carries out management in the field of education, a student who has reached the age of 15 may leave the general education institution until he receives general education.

Commission on Minors' Affairs and Protection of Their Rights together with parents ( legal representatives) a minor who left a general education institution before receiving basic general education, and the local government body in month period takes measures to ensure the employment of this minor and his continuation of mastering the educational program of basic general education in another form of education.

By decision of the governing body of the educational institution for repeated gross violations The charter of an educational institution allows for the exclusion from this educational institution of a student who has reached the age of 15 years.

Expulsion of a student from an educational institution is applied if educational measures have not produced results and the student’s continued stay in the educational institution has a negative impact on other students, violates their rights and the rights of employees of the educational institution, as well as the normal functioning of the educational institution.

The decision to expel a student who has not received general education is made taking into account the opinion of his parents (legal representatives) and with the consent of the commission for minors’ affairs and the protection of their rights. The decision to exclude orphans and children left without parental care is made with the consent of the commission on affairs of minors and the protection of their rights and the guardianship and trusteeship authority.

The educational institution is immediately obliged to inform his parents (legal representatives) and the local government body about the exclusion of the student from the educational institution.

The Commission on Minors' Affairs and the Protection of Their Rights, together with the local government body and the parents (legal representatives) of a minor expelled from an educational institution, takes measures within a month to ensure the employment of this minor and (or) the continuation of his studies in another educational institution.

General educational institutions under contracts and jointly with enterprises, institutions, organizations can provide vocational training to students as additional (including paid) educational services if you have the appropriate license (permit) for specified type activities. Initial professional training is carried out only with the consent of students and their parents (legal representatives).

Active youth today are concerned with the question: what is the minimum age established by labor law for official employment. After all, they are often attracted to work “by agreement,” “by acquaintance,” or as freelancers, without even providing them with minimal social guarantees, including timely payment. There are a lot of different, contradictory opinions on the Internet today. In this matter, you need to rely only on labor legislation. This will not interfere with both parties - both the applicant and the employer.

What does the law say about the employment of minors?

Article 63 of the Labor Code of the Russian Federation establishes:

• age requirements for applying for a job according to certain criteria;
• basic requirements for the organization of work for minors;
• significant requests for education and training of the applicant as an employee.

All restrictions, specific requirements, as well as benefits for working minors are related to the fact that labor legislation assigns a special social status to persons under 18 years of age. Settlement employment designed to protect the younger generation from negative factors affecting both health and moral principles.

The law sets the minimum age for signing an employment contract with a child - 14 years. Until this age, a citizen of the Russian Federation does not have the right to sign any official documents, including labor documents. But he is not prohibited from receiving money for his work.

Specifics of concluding a contract from the age of 16 - basic rules

Main officially acceptable age for employment - 16 years. But there are restrictions for the employer, which mandatory must be reflected in the contract. These include:

• reduced working hours - no more than 35 hours per week;
• annual extended paid leave - 31 calendar days;
• additional study leave, if a minor employee studies and passes exams upon admission or continuation of studies.

The employer, at his discretion, may stipulate in the contract additional bonuses, additional payments, social benefits(for example, food benefits in the canteen, etc.).

It must be taken into account that the law does not prohibit teenagers with disabilities from working. They have the same rights and guarantees. Moreover, the employer receives certain preferences when hiring persons with disabilities. It is only important to prepare papers confirming the group and the requirements of the medical board regarding working conditions.

Video instruction: working conditions for minors

Restrictions on employment before reaching the age of majority

No employer has the right to enter into a contract with a minor and employ him in work that involves dangerous or harmful conditions labor For example, this includes work related to heavy lifting, work underground or, conversely, at height, in chemical and pharmaceutical production, etc.

The work of minors in enterprises producing and selling alcoholic beverages is prohibited. tobacco products. More based on ethical standards, employers do not have the right to hire persons under 18 years of age in nightclubs, hookah bars, restaurants, etc.

The full list of jobs where minors are prohibited from working is approved by Decree of the Government of the Russian Federation of February 25, 2000 No. 163. In total, the register lists 2,198 professions, ranging from loaders and bartenders to such exotic and archaic specialties as a precious metals reclaimer, winch operator or wood splitter. Moreover, such restrictions also apply to assistants of all these specialists.

Student trainees have the right to stay at such enterprises, but no more than four hours a day. And at the same time, sanitary standards and labor protection (OHS) requirements must be 100% ensured locally, workplaces must be certified for all points of state examination of working conditions and the state sanitary and epidemiological inspection service. However, there are certain types of work for which even practical training can be completed strictly from the age of 18.

When a person turns 18, the employment contract with him is renewed. The “new” labor agreement establishes standard working conditions: full work week, generally accepted annual leave 28 days a year, etc.

The work of minors is often beneficial to employers both on a seasonal and permanent basis, since their wages are slightly lower than adult workers (fewer man-hours).

Peculiarities of employment of fifteen-year-olds

Labor law makes it possible to conclude employment agreements with teenagers who are over 15 years old, but with more stringent restrictive conditions:

1. A young person cannot undergo training daytime form and at the same time work. Employment requires only part-time or evening study or no place of study.
2. Teenagers are only recommended for light work.
3. The working week should be no more than 23 hours, which is specified in the contract.
4. An employer is strictly prohibited from interfering in any way with a teenager’s education.
5. At this age, the law no longer provides for obtaining permission from parents to carry out work activities, however, the employer is recommended to obtain written consent from the persons supervising the child (this could be guardians, adoptive parents) for his employment. Because if they write a statement, arguing that the work interferes with the young employee’s education, the employer may be fined.

To determine the ease of work performed by a young employee, a special medical commission is appointed. This is regulated by articles 265-266 of the Labor Code of the Russian Federation. The employer must confirm with the help of a medical examination (examination) the fact that specific conditions

labor and work loads do not harm the health of a teenager. Is it possible for a teenager to be employed? certain work

, the medical commission decides To determine the time free from educational process

which can be used for work, the employer has the right to send a written request to the school or lyceum regarding data on his study schedule. You can do this through the job candidate himself.

Requirements for employment at 14 years of age

Previously, the most common type of employment for fourteen-year-olds was seasonal work during the holidays. Thus, the Regulations of the State Labor Committee, State Education of the USSR, the Secretariat of the All-Union Central Council of Trade Unions and the Secretariat of the Central Committee of the Komsomol dated 06/03/1988 are still in effect, which makes it possible for agricultural producers to hire teenagers from 14 years of age for seasonal harvesting work. Moreover, such temporary employment is possible both for individual employees and as a group. Plus, today it is increasingly becoming a practice to attract teenagers from the age of fourteen to remote work

(for example, in Internet processes).

1. From one of the parents or guardian (adoptive parent, trustee, etc.). Consent to conclude an employment contract with a child is drawn up in free form. The application indicates the applicant’s passport details and place of registration, and records the fact that the parent does not object to his child working. And also that the parent knows where and what position he is applying for.

   Consent to conclude an employment contract with a child is given by the parent

2. Consent from the guardianship and trusteeship authority. As a rule, such a decision contains requirements that work be carried out outside of study time. Here it is necessary to observe consistency: a decision on guardianship will be made only after the consent of the minor’s parents. A request must also be made to the educational institution where the child is studying.

   The guardianship consent specifies all the grounds for permission

Please note when completing the documentation: the contract with a fourteen-year-old states additional item that the agreement was concluded with the permission of the relative (indicating the degree of relationship and his passport details). The consent is attached to the contract.

Opportunities and features of concluding an employment contract up to 14 years

The law does not prohibit children from working and receiving money for their work. due payment. Just contract of employment One of the parents signs for them.

Specific requirements for the work of children under 14 years of age are in strictly defined areas of activity. So, children of any age can:

• take part in television and film filming;
• work in circus programs;
• participate in theater programs and shows (ice shows, for example);
• engage in the creation of works of art.

The main thing that the employer needs to take into account is that the work should not harm the psycho-emotional and moral development of the child and, naturally, his state of health. It is clear that it should not distract the child from studying, but should relate to light work, etc.

Attached to the contract official permissions from parents and guardianship authorities. Moreover, in this case, the guardianship authorities in their admission of the child to work indicate the maximum duration of work per day and Additional requirements to working conditions.

In fact, there is no age limit for employment for minors. The only details are that a person under 14 years of age cannot sign official papers. But there is a way out: one of the parents can sign an employment contract for the child. Be that as it may, in our time, if you work, it is only after a competent conclusion labor contract. Moreover, the labor of minors is quite in demand today.

At what age can you sign an employment contract? Many teenagers begin their working career before they reach eighteen years of age. Some people want more pocket money, some are saving for a big purchase, others want to feel independent and independent, etc. There could be a whole host of reasons. However, the conditions under which you can start working upon reaching adulthood are somewhat different from those that must be observed before the age of eighteen. The Labor Code of the Russian Federation specifies the age at which it is permissible to conclude an employment contract, as well as other conditions that must be observed by the employee and the employer. In this article we will look at all the features of employment of minors.

At what age can you sign an employment contract?

To find the answer to this question, you need to turn to the Labor Code.

This is the basic law governing the relationship between employee and employer. It spells out the rights and responsibilities of everyone, so studying the Labor Code will be useful for everyone. The answer to the question about the age at which you can get a job is contained in Art. 63 Labor Code of the Russian Federation. According to this article, a teenager can enter into an employment contract at the age of 16. However, there are conditions that allow you to start working at a later date. early age.

Conditions for concluding an employment contract from 15 years of age

You can start working without waiting until you turn 16. Teenagers who have turned fifteen can enter into an agreement with an employer if they have received basic general education. Also, if a teenager turned fifteen, but left the general education organization before he received basic general education, and continues to receive general education in a different form, then he can enter into an employment contract. However, the work performed should be easy and not cause harm to health. Work activities should not interfere in any way with learning curriculum.

Work since 14 years old

When the question arises, at what age can you conclude an employment contract, few people suspect that this can be done even at 14 years old. After all, it is at this age that a teenager also receives a passport. It is only possible to conclude an agreement at this age only with the written consent of one of the parents and the guardianship authorities.

The teenager must also receive general education. At this age, work should be easy, and in no case can it cause harm to health. And the work should take place during the time not occupied by studies, and not interfere with the development of the educational program.

Is it possible to work before 14 years of age?

In practice, the age of persons entitled to enter into an employment contract may be less than 14 years. How is this possible? Let's just remember the various films where children play the roles. Or, for example, theatrical performances. After all, this is also work, and the teenager receives a reward for acting. These conditions are specified in Art. 63 Labor Code of the Russian Federation. A child under the age of fourteen can participate in the performance of works, work in cinematography, theater, circus, etc. organizations.

But in these cases, it is necessary to obtain the consent of one of the parents and the guardianship authority. Only with these agreements is it possible to conclude a labor contract. Thus, the minimum age of an employee for concluding an employment contract in some situations may not even reach 14 years.

Working hours for teenagers under 16 years of age

The age at which an employment contract can be concluded directly affects the length of the working day. IN previous paragraphs it was mentioned that the work activity of teenagers should be easy and not interfere with their studies or mastering the educational program. Consequently, a teenager cannot spend a full day at work on an equal basis with adults. Before reaching the age of sixteen, a teenager can work no more than a day a week, i.e. only 24 hours.

Standard working hours for persons over 16 years of age

If the teenager is sixteen, then the number of hours allotted for work activity, increases. Work for teenagers over 16 years old should not take more than 35 hours a week. The amount of time allotted for work must be specified in the employment contract.

Length of shift during holidays

During the holidays, work for a teenager from 16 to 18 years old should not take more than seven hours a day. Between the ages of fifteen and sixteen, a five-hour workday is the norm. If a teenager is between fourteen and fifteen years old, he can work no more than four hours a day.

Work combined with study

To ensure that work does not interfere with your education, during school year The normal daily shift length is slightly reduced. For example, a teenager from sixteen to eighteen years old can spend no more than four hours at work in his free time. For teenagers between the ages of fourteen and sixteen, during the school year, an even lower standard of daily shift hours is established - only two and a half hours.

Night work

Since the work of teenagers should not in any way interfere with obtaining an education, then persons under eighteen years of age cannot be allowed to work on night shifts. Such a regime can negatively affect the child’s health and well-being and his academic performance. However, there are exceptions for some categories of persons. For example, if a teenager takes part in creating and performing works of art, then he can be allowed to work, even if the shift is at night.

Overtime work

For teenagers who decide to get a job, it will not only be useful, but also necessary to study their rights, so that if they encounter an unscrupulous employer, they will be able to fight back and protect their interests. So, for example, a teenager should know that he does not have the right to be involved in overtime work until he reaches the age of eighteen.

Vacation

Each employee after certain period work has the right to vacation. But the procedure for granting leave to persons under the age of eighteen has its own characteristics. For example, a teenager can apply for paid leave even if they have not yet completed six months of uninterrupted work. This right is also important to remember because it can come in handy if you need to devote more time to your studies. The vacation of an employee under 18 years of age is 31 calendar days.

Is it possible to become an entrepreneur before the age of 18?

It is also worth mentioning that work is possible not only for hire. Nowadays there are a lot of opportunities for creativity and self-realization, and even teenagers actively use this. You can meet people who have not yet turned eighteen years old, but they are already quite responsible, know how to organize their time and work on interesting projects.

Such teenagers can register as an individual entrepreneur to work at the age of 16. To do this, it is necessary to go through a certain emancipation procedure (the teenager will be declared fully capable) and obtain parental consent.

Registration of an individual entrepreneur opens up many new opportunities. The teenager will be able to manage independently and at his own discretion. in cash. He may also become the copyright holder of any works or inventions. It will be possible to open bank accounts on your own behalf and much more.

The issue of registering an individual entrepreneur should be approached very responsibly and weigh the pros and cons. The registration process is not always easy. And it is not always so necessary. In some cases, waiting until age eighteen will be the best option.

Official employment

Sometimes unscrupulous employers when hiring a teenager, they offer Not official employment. However, by agreeing to such conditions, you cannot be sure that all the employee’s rights will be respected. When concluding a contract, all rights and obligations of the employee are clearly stated and recorded, which minimizes the risk of any violations. Therefore, if problems arise or rights are not respected, a teenager can safely file a complaint. Also, if you are officially employed, you can count on guaranteed paid leave. And, of course, official employment will be evidence of some work experience. This may help you in the future when searching for a job.

In this article, we looked at how old you can be to enter into an employment contract, and found out that you can work at almost any age. But, depending on how old the teenager is, concluding an agreement requires compliance with certain conditions. For example, very often it is first necessary to obtain parental permission to start working. Also, the age of the employee may impose certain restrictions on time and working conditions. Teenagers can only perform light work that will not harm their health or interfere with educational activities, because at this age it plays a more significant role than labor. No one can force a teenager to endure heavy load or work underground. In addition, the age of those eligible to enter into an employment contract will influence the length of the day shift. During the holidays and during school, the length of the work shift may differ significantly.