Labor Code of the Russian Federation on the use of labor of minors. Reference

In accordance with international acts, based on the general humanistic principles of protecting the health of its citizens, creating favorable conditions for their comprehensive development, Russian state has assumed obligations to protect persons under the age of 18 from performing any work that poses a danger to their health, may be an obstacle to their physical, mental, spiritual and moral development.

Features of the regulation of the labor of workers under the age of 18 are regulated by Art. 265-272 chapter 42 of the Labor Code of the Russian Federation, as well as a number of other articles of the Labor Code of the Russian Federation, which will be discussed in this chapter.

According to Art. 272 of the Labor Code of the Russian Federation, the features of employment of persons under the age of eighteen are determined by the Labor Code of the Russian Federation, other federal laws, a collective agreement, an agreement. In particular, according to Art. 266 of the Labor Code of the Russian Federation, persons under the age of eighteen are hired only after a preliminary, mandatory medical examination, and further, until the age of eighteen, they are subject to an annual mandatory medical examination.

Wherein medical examinations funded by the employer.

The conclusion of an employment contract (Article 63 of the Labor Code of the Russian Federation) is allowed with persons who have reached the age of sixteen years.

In the case of receiving basic general education or leaving, in accordance with federal law, a general educational institution, an employment contract may be concluded by persons who have reached the age of fifteen.

With the consent of one of the parents (guardian, curator) and the body of guardianship and guardianship, an employment contract may be concluded with a student who has reached the age of fourteen years, to perform light work in his free time from school that does not harm their health and does not violate the learning process.

In this way, labor activity at the age of fourteen to fifteen, it becomes possible subject to the following conditions: 1) the work performed must be light, not harmful to the health of adolescents; 2) work must be carried out in free time from study and not disrupt the learning process; 3) employment is possible with the consent of one of the parents (guardian, trustee) and the guardianship and guardianship authority.

According to Art. 70 of the Labor Code of the Russian Federation, a test for employment is not established for persons under the age of eighteen.

According to Art. 265 of the Labor Code of the Russian Federation, it is prohibited to use the labor of persons under the age of eighteen years in work with harmful and (or) dangerous working conditions, in underground work, as well as in work, the performance of which may harm their health and moral development (gambling business, work at night cabarets and clubs, production, transportation and sale of alcoholic beverages, tobacco products, narcotic and toxic drugs).

Carrying and movement by workers under the age of eighteen years of weights exceeding the maximum norms established for them is prohibited.

The list of jobs for which it is prohibited to use the labor of workers under the age of eighteen, as well as the maximum norms of weights, are approved in the manner established by the Government Russian Federation taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

The Ministry of Labor of the Russian Federation, by resolution of April 7, 1999 N 7 "On approval of the norms for maximum permissible loads for persons under eighteen years of age when lifting and moving weights manually" * (15), approved the following norms (see table No. 2):

Table number 2

Limits of maximum permissible loads for persons under eighteen years of age when lifting and moving weights manually

Character, work, indicators	Maximum permissible weight of cargo in kg


Lifting and moving manually of the load constantly during the work shift
Lifting and moving the load manually continuously for no more than 1/3 of the work shift:
Constantly (more than 2 times per hour)
When alternating with other work (up to 2 times per hour)
The total mass of cargo moved during the shift:
Lifting off the work surface
Getting up from the floor

Notes:

1. Lifting and moving weights within the specified norms are allowed if this is directly related to the permanent professional work being performed.

2. The mass of the lifted and moved cargo includes the mass of tare and packaging.

3. When moving goods on trolleys or in containers, the force applied must not exceed:

for boys 14 years old - 12 kg, 15 years old - 15 kg, 16 years old - 20 kg, 17 years old - 24 kg;

for girls 14 years old - 4 kg, 15 years old - 5 kg, 16 years old - 7 kg, 17 years old - 8 kg.

Restrictions on the work of persons under 18 years of age are also provided for by other articles of the Labor Code of the Russian Federation:

Employees under the age of 18 cannot be involved in work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation);

It is not allowed to work part-time for persons under the age of 18 in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions, as well as in other cases established by federal laws (Article 282 of the Labor Code of the Russian Federation );

A party to an employment contract with an employer - a religious organization may be a person who has reached the age of eighteen (Article 342 of the Labor Code of the Russian Federation).

"The list of hard work and work with harmful or dangerous working conditions, in the performance of which it is prohibited to use the labor of persons under eighteen years of age" was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163 (as amended on June 20, 2001 N 473).

For workers under 18 years of age, reduced working hours are established. According to Art. 92 of the Labor Code of the Russian Federation, normal working hours) is reduced by:

16 hours a week - for employees under the age of 16;

4 hours per week for employees aged 16 to 18.

The length of working time of students of educational institutions under the age of eighteen, working during the academic year in their free time, may not exceed half of the specified norms. In this way:

Working hours for students under 16 - 12 hours;

Working time for students aged 16 to 18 is 18 hours.

In turn, the duration of daily work (shift), according to Art. 94 of the Labor Code of the Russian Federation cannot exceed:

For employees aged from fifteen to sixteen years - 5 hours, for those from sixteen to eighteen years old - 7 hours;

For students of general educational institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, at the age of fourteen to sixteen years - 2.5 hours, at the age of sixteen to eighteen years - 3.5 hours.

In accordance with the Labor Code of the Russian Federation, it is prohibited to involve workers under 18 years of age to work at night (from 22:00 to 06:00) and to work overtime. So, according to Art. 96 of the Labor Code of the Russian Federation, workers under the age of eighteen are not allowed to work at night, with the exception of persons involved in the creation and (or) performance of works of art, and other categories of workers in accordance with the law.

According to Art. 99 of the Labor Code of the Russian Federation, it is not allowed to involve employees under the age of eighteen in overtime work.

The Labor Code of the Russian Federation provides for a special procedure for establishing norms for the production and remuneration of workers under eighteen years of age with a reduced duration of daily work. For workers under the age of eighteen, the output norms are established on the basis of the general output norms in proportion to the reduced working hours established for these employees.

For workers under the age of eighteen who enter work after graduating from general educational institutions and general educational institutions of primary vocational education, as well as those who have undergone vocational training at work, in the cases and in the manner established by laws and other regulatory legal acts, reduced production rates may be approved ( article 270 of the Labor Code of the Russian Federation).

The work of workers under the age of eighteen admitted to piece work is paid according to the established piece rates. The employer may establish for them, at their own expense, an additional payment up to the tariff rate for the time by which the duration of their daily work is reduced.

Remuneration of workers under the age of eighteen, studying in general educational institutions, educational institutions of primary, secondary and higher vocational education and working in their free time, is made in proportion to the time worked or depending on the output. The employer can establish additional payments to wages for these employees at their own expense (Article 271 of the Labor Code of the Russian Federation).

Annual basic paid leave for employees under the age of eighteen years is provided for 31 calendar days at a time convenient for them (Article 267 of the Labor Code of the Russian Federation). This leave may be granted up to the expiration of six months continuous work by agreement of the parties at the request of the employee (Article 122 of the Labor Code of the Russian Federation). According to Art. 124 of the Labor Code of the Russian Federation, it is prohibited not to provide annual paid leave to employees under the age of eighteen.

Another labor protection measure for workers under 18 is a ban on sending on business trips, engaging in overtime work, work at night, on weekends and non-working holidays, workers under the age of eighteen (with the exception of creative workers in the media, organizations cinematography, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional athletes in accordance with the lists of professions established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations) ( article 268 of the Labor Code of the Russian Federation).

Written agreements on full individual or collective (team) liability, i.e. on compensation to the employer of the damage caused in full for the lack of property entrusted to employees, is concluded with employees who have reached the age of eighteen years (Article 244 of the Labor Code of the Russian Federation).

Termination of an employment contract with employees under the age of eighteen at the initiative of the employer (except in the event of liquidation of the organization), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors and protection of their rights (Article 269 of the Labor Code of the Russian Federation).

Article 265

It is prohibited to use the labor of persons under the age of eighteen in jobs with harmful and (or) dangerous working conditions, in underground work, as well as in work, the performance of which may be harmful to their health and moral development (gambling business, work in night cabarets and clubs). , production, transportation and trade in alcoholic beverages, tobacco products, narcotic and other toxic drugs). It is prohibited for employees under the age of eighteen to carry and move loads that exceed the maximum limits established for them. The list of works for which the use of labor of workers under the age of eighteen years old, as well as the maximum norms of weights, are approved in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Article 266. Medical examinations (examinations) of persons under the age of eighteen years

Persons under the age of eighteen years are employed only after a preliminary mandatory medical examination (examination) and further, until they reach the age of eighteen years, are subject to an annual mandatory medical examination (examination). employer.

Article 267. Annual basic paid leave for employees under the age of eighteen

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

Article 268

It is prohibited to send on business trips, engage in overtime work, work at night, on weekends and non-working holidays, employees under the age of eighteen years (with the exception of creative workers in the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations) .

Article 269

Termination of an employment contract with employees under the age of eighteen at the initiative of the employer (except in the event of liquidation of an organization or termination of activity by an individual entrepreneur), in addition to observing the general procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors and protection of their rights.

Article 270

For workers under the age of eighteen years of age, the output norms are established on the basis of the general output norms in proportion to the reduced working hours established for these employees. vocational training at work, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, employment contract reduced production rates may be set.

Article 271

With time wages, wages for workers under the age of eighteen are paid taking into account the reduced duration of work. The employer may, at his own expense, make additional payments to them up to the level of remuneration of workers of the relevant categories for the full duration of daily work. The labor of workers under the age of eighteen who are admitted to piece work is paid at established piece rates. The employer may establish for them at their own expense an additional payment up to the tariff rate for the time by which the duration of their daily work is reduced. from study time, is made in proportion to the time worked or depending on the output. The employer may establish wage supplements for these employees at their own expense.

Article 272. Features of employment of persons under the age of eighteen years

Features of employment of persons under the age of eighteen are determined by labor legislation, a collective agreement, an agreement.

03/22/2016 - Valeria Medvedeva

Is it possible to work as a seller of alcoholic beverages at the age of eighteen? Sevastopol.

03/21/2016 - Diana Zhukova

The situation is this I have a family child but no 18 can I work on work book

08/02/2013 - natalia

From 14 at the conclusion of the contract

The answer to the question is given by phone.

05/15/2012 - Kira

The answer to the question is given by phone.

03/21/2012 - Ilona

My mother worked at grain drying until she was 18, now she is 52, she has 27 years of work experience, of which she worked as a milkmaid for 6 years, is there an opportunity for her to retire early. And what laws should be followed.

The answer to the question is given by phone.

12/20/2011 - Alice

Good afternoon! At what age do teenagers have the right to get a job?

The answer to the question is given by phone.

Lawyers Answers:

I work in a chemical plant. We have an elected trade union, a collective agreement has been signed with all employees. My partner told me that there is a clause in the collective agreement that forbids going on strike under any circumstances. And we wanted to protest with the whole shift in connection with the low wages of our work. Is my partner right, or is he deliberately misinforming me so that I give up the idea of participating in the strike?

Peculiarities of labor regulation of workers under the age of 18

In accordance with Article 265 of the Labor Code of the Russian Federation, it is prohibited to use the labor of persons under the age of eighteen years in work with harmful and (or) dangerous working conditions, in underground work, as well as in work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs, production, transportation and trade in alcoholic beverages, tobacco products, narcotic and other toxic drugs).

Carrying and movement by workers under the age of eighteen years of weights exceeding the maximum norms established for them is prohibited.

The list of jobs for which it is prohibited to use the labor of workers under the age of eighteen, as well as the maximum norms of gravity, are approved in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

The prescribed mandatory medical examinations (examinations) are carried out at the expense of the employer.

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

In accordance with Article 268 of the Labor Code of the Russian Federation, it is prohibited to send on official business trips, to engage in overtime work, work at night, on weekends and non-working holidays, employees under the age of eighteen years (with the exception of creative workers in the media, cinematography, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite Commission for the regulation of social and labor relations).

For workers under the age of eighteen, the output norms are established on the basis of the general output norms in proportion to the reduced working hours established for these employees.

For employees under the age of eighteen who enter work after graduating from general educational institutions and educational institutions of primary vocational education, as well as those who have undergone vocational training at work, in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements , local regulations, the labor contract may establish reduced production rates.

Remuneration of labor of employees under the age of eighteen studying in general educational institutions, educational institutions of primary, secondary and higher vocational education and working in their free time from study is made in proportion to the hours worked or depending on output. The employer may establish wage supplements for these employees at their own expense.

Features of employment of persons under the age of eighteen are determined by labor legislation, a collective agreement, an agreement.

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In order to get a job, a minor, like an adult, is obliged to conclude an employment contract with the employer.

When concluding an employment contract, the employer is obliged to familiarize a person under the age of 18 with the nature of work, working conditions, his rights and obligations, internal labor regulations and other local regulations that are relevant to the minor. In addition, he must be instructed in safety, industrial sanitation and other labor protection rules.

By general rule, provided for in Article 63 of the Labor Code of the Russian Federation, the conclusion of an employment contract is allowed with persons who have reached the age of sixteen years. If a teenager has a basic general education, or if a minor is left with a general education institution (expulsion, etc.), an employment contract can be concluded by persons who have reached the age of fifteen to perform light work. With the consent of one of the parents and the body of guardianship and guardianship, an employment contract may be concluded with students who have reached the age of fourteen years, to perform light work in their free time from school that does not harm health and does not violate the learning process of a minor.

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

According to Art. 70 of the Labor Code of the Russian Federation, a probationary period for minors is not established, and it is also prohibited to conclude an agreement on the full liability of an employee, which is provided for in Art. 244 of the Labor Code of the Russian Federation.

According to Art. 242 of the Labor Code of the Russian Federation, employees under the age of 18 bear full liability only in the following cases:

Intentional damage;

Causing damage in a state of alcoholic, narcotic or other toxic intoxication;

Causing damage as a result of a crime or administrative offense.

Working conditions of underage workers

Labor legislation provides for a number of prohibitions on the use of labor by persons under the age of 18 years. Thus, it is prohibited to use the labor of persons under the age of 18 in work with harmful and (or) dangerous working conditions, in underground work, as well as in work, the performance of which may harm their health and moral development. Such jobs include gambling, work in night cabarets and clubs, in the production, transportation and sale of alcoholic beverages, tobacco products, narcotic and toxic drugs.

In accordance with the List of heavy work and work with harmful or dangerous working conditions, in the performance of which it is prohibited to use the labor of persons under the age of eighteen, approved. Decree of the Government of the Russian Federation of February 25, 2000 N 163 (as amended and supplemented on June 20, 2001).

However, the employer may decide on the employment of persons under the age of 18 in the jobs included in the List, but subject to the creation of workplaces confirmed by the results of attestation and with a positive conclusion from the state examination of working conditions and the State Sanitary and Epidemiological Supervision Service of the subject of the Russian Federation for safe working conditions.

Labor legislation also prohibits the carrying and movement of weights by minors that exceed the limits established for them:

1) for boys 14-15 years old - 3 kg, 16-17 years old - 4 kg;

2) for girls 14 - 15 years old - 2 kg, 16 - 17 years old - 3 kg.

In accordance with Art. 268 of the Labor Code of the Russian Federation, it is also prohibited to send underage workers on business trips, to involve them in overtime work, work at night, on weekends and non-working holidays.

Working hours and wages of minors

The duration of working time for minors is established in Art. 92 and Art. 94 of the Labor Code of the Russian Federation, according to which the duration of the weekly and daily working time of minors cannot exceed:

1) for students who combine work with study, aged:

a) from 16 to 18 years old - 18 hours per week (3.5 hours per day);

b) from 14 to 16 years old - 12 hours per week (2.5 hours per day);

2) for students during the holidays, for persons who have completed or left education in general education institutions, at the age of:

a) from 16 to 18 years old - 36 hours per week (7 hours per day);

b) from 14 to 16 years old - 24 hours a week (5 hours a day).

Minor workers who entered work after graduating from general educational institutions, general educational institutions of primary vocational education, as well as those who have undergone vocational training at work, are also entitled to a reduction in production rates. For such workers, production rates are reduced for the first months of work due to lack of experience.

The procedure for remuneration of workers under the age of 18 is provided for in Art. 271 of the Labor Code of the Russian Federation. Remuneration of labor of underage workers who have entered into permanent employment contracts is carried out on the basis of the forms and systems of remuneration adopted in the organization.

Remuneration for the work of persons under the age of 18, hired in their free time from study, is made in proportion to the hours worked or depending on the output. In the event that the organization uses an hourly form of remuneration, the employee's earnings are determined by multiplying the hourly wage rate by the number of hours actually worked.

If a minor worker is admitted to piece work, then the work is paid to him at the established piece rates, for the amount of work actually performed within the reduced norms. In this case, the employer may establish for him, at his own expense, an additional payment up to the tariff rate for the time by which the duration of his daily work is reduced.

The work of persons studying in general educational institutions, educational institutions of primary, secondary and higher vocational education and at the same time working in their free time is paid either in proportion to the time worked (time-based wage system), or based on the amount of work performed (piecework payment). labor). In this case, the employer can also establish additional payments to wages at his own expense.

In addition to remuneration to minors, the employer is obliged to provide them with the full range of benefits, guarantees and compensations provided for by labor legislation. In addition, the employer may, within the limits of the rights granted to them, establish additional payments to wages for minor employees, as well as provide them with other benefits and compensations. The obligations of the employer also include the payment of wages within the period established by agreement of the parties or by the internal labor regulations (collective agreement). The amount and procedure for additional payments to the wages of underage workers can be fixed by local regulations of the enterprise.

About holidays for minors

Minors are granted an annual basic paid leave of 31 calendar days, and at a time convenient for them. In this case, the employer, when drawing up the vacation schedule, is obliged to take into account this right of minor employees. Changing the duration of annual leave can be carried out by specifying a new period in a collective or labor agreement. Annual basic paid leave by employees under the age of 18 must be used annually, it is not allowed to be transferred to another year. In accordance with Art. 122 of the Labor Code of the Russian Federation, minor employees are entitled to use annual paid leave for the first year of work until the expiration of 6 months of their continuous work in this organization, unlike other employees who are entitled to annual leave in the first year of work only after 6 months of work .

The procedure for the dismissal of underage workers

The procedure for dismissal of underage workers also differs in certain features. Termination of an employment contract with employees under the age of 18 at the initiative of the employer (except in the event of liquidation of an organization or termination of activity by an individual entrepreneur), in addition to observing the general dismissal procedure, is allowed only with the consent of the relevant state labor inspectorate and the commission on minors and protection of their rights ( article 269 of the Labor Code of the Russian Federation). If the consent of the specified government agencies not received and the special dismissal procedure is violated, then the dismissal may be declared illegal, which will entail a number of negative consequences for the employer: the minor employee will be reinstated at work with the payment of average earnings for the entire time of forced absenteeism. In addition, at the request of the employee, a decision may be made to compensate him with monetary compensation for moral damage caused by these actions. The amount of this compensation is determined by the court (Article 394 of the Labor Code of the Russian Federation).

"Sanitary and epidemiological requirements for the safety of working conditions for workers under the age of 18", approved by order of the Chief State Sanitary Doctor of the Russian Federation of September 30, 2009 N 58

Jobs in which it is prohibited to use the labor of persons under the age of eighteen years(Article 265 of the Labor Code of the Russian Federation):

Important! It should be borne in mind that:

Each case is unique and individual.
Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

- with harmful and (or) dangerous working conditions,
- underground work, and
- at work, the performance of which may harm their health and moral development (gambling business, work in night cabarets and clubs, production, transportation and sale of alcoholic beverages, tobacco products, narcotic and other toxic drugs, materials of erotic content).

Carrying and movement by workers under the age of eighteen years of weights exceeding the maximum norms established for them is prohibited.

For workers under the age of eighteen, the output norms are established on the basis of the general output norms in proportion to the reduced working hours established for these employees.

For employees under the age of eighteen who enter work after graduating from general educational institutions and educational institutions of primary vocational education, as well as those who have undergone vocational training in the workplace, in accordance with labor legislation and others containing labor law norms, a collective agreement, agreements, local regulatory acts, employment contract lower production rates can be set.

Remuneration of workers under the age of eighteen with reduced hours of daily work

Features of employment persons under the age of eighteen are determined by labor legislation, a collective agreement, an agreement.