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

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Published: November 27, 2019

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More and more children in adolescence, and often even earlier, begin to think about their own income. Surely your child will too. A modern child needs money for entertainment, new mobile devices, beautiful clothes. Many people think that under the age of 16 a person, in principle, cannot earn money officially, since this is prohibited by law. However, this opinion is wrong.

• Let's listen to what the law says
• Where and at what age are children hired from 16 years to adulthood?
• From 14 years old
• Up to 14 years old

Legislation of the Russian Federation on child labor

According to the Labor Code in the Russian Federation, it is allowed to officially find a job on one’s own initiative from the age of 16. If the desire to earn extra money for pocket money or for a specific purpose arose earlier, the child will need the consent of a parent or official guardian. However, children under 12 years of age will find it difficult to obtain formal employment, even with consent. Until the age of 14, a child can only work in cinematography, concert activities or the circus

A child aged 14 years and older can work in places where labor:

• not mentally and physically difficult;
• interaction with dangerous mechanisms and conditions is excluded;
• no night shifts;
• not associated with toxic drugs, alcohol, nicotine, narcotics and other harmful substances;
• excludes participation in the gambling business, and also does not apply to establishments such as cabaret and club;
• does not provide for a rotation method.

The employment of a teenager must be formalized. The applicant will need to bring a number of documents:

• statement;
• written consent of parents or guardian;
• medical examination according to the employer’s model and if it is paid, then at the expense of the employer;
• passport, and if you don’t have one yet, then a birth certificate;
• SNILS.

The employer issues a work record book for the teenager and issues an order for employment. However, he does not have the right to hire a child for a probationary period or to work without official payment.

The right of the child: to study at the expense of the state

Regulatory framework: ,

Free education can be obtained in state and municipal organizations (not in private ones). Everyone can receive preschool, basic and secondary vocational education at the expense of budget money. In other words, education in kindergartens, schools and colleges is free. But only study. The maintenance of the child in the kindergarten is all paid for by the parents.

What does “study” include? Textbooks, manuals, maps, workbooks and toys - all this should be free and accessible to every child. For the needs of a classroom or kindergarten, for gifts, blinds, curtains, equipment, security, landscaping - parents donate voluntarily. Nobody has the right to demand this.

For now, the first higher education can also be obtained free of charge, but only based on the results of a competitive selection. If you don’t pass the competition, you won’t be given a budget place.

The second higher education is at your own expense.

Allowed schedule

Children and teenagers in Russia work according to a specific schedule, which is established by legislation for each age:

If the child continues education, the amount of working time is reduced:

Daily work is also regulated in hours:

If the child continues to study, then he has the right to work even fewer hours per day:

If the employment takes place officially, then the hourly standards will be strictly observed by the employer. But with unofficial work, the child will control his own workload, or the parent should deal with this issue. It is very rare that an employer tracks how many hours a teenager works, although he cannot always do this, especially if the work is remote.

The child’s right: to choose a school, form of education and language

Regulatory framework:

They do not have the right to impose any particular school on a child. He and his parents can decide for themselves which educational institution, with what specialization and in which region to choose. But taking into account the recommendations of the medical-pedagogical commission, if it is required for medical reasons.

By law, you have the right to choose any school - not necessarily at your place of residence. Please note that a child may not be accepted if there are no places available. First of all, children with registration and beneficiaries are enrolled.

Where to look for vacancies

Not all employers are enthusiastic about the idea of ​​hiring children aged 12 or 14. Because for the organization this is a big risk, responsibility and paperwork. Therefore, it is better if the child is helped at the initial stage by a parent or an experienced mentor. The most convenient way is to look for vacancies through official sources:

1. Municipalities run local and regional programs that help employ young people and teenagers. Most often, campaigns take place during the summer holidays. The addresses and coordinates of participating employers can be found at the employment center or the city administration.
2. Summer labor camps. They most often officially employ children and adolescents aged 14-16 for the summer period. The work is focused on agriculture and manual labor.
3. Through online job aggregators. In order to avoid fraud, it is advisable to ask a parent or adult mentor for help. He will help you evaluate the proposed conditions and scope of work. At the same time, you should beware of agencies that charge a high percentage for intermediary services for selecting vacancies.
4. Through acquaintance among relatives who are entrepreneurs or small companies. In this case, you should beware of unfair treatment of the child when he works like an adult and is paid the minimum wage. Here, too, one cannot do without the participation of an adult who will help assess the labor-salary ratio.

If difficulties arise with official employment, then you can consider options for “unofficial” work. Now there are a lot of vacancies for a 12-year-old child, which can be filled not only during the holidays, but also during school hours. For example, walking dogs, caring for house plants, or posting flyers. At the same time, what is most important to the employer is the applicant’s desire not only to earn money, but also to responsibly carry out the responsibilities assigned to him.

The right of the child: to refuse electives and competitions

Regulatory framework:

Each school has an educational program in which children are taught and with which parents have the right to become acquainted. For parents it is free; the state pays for everything that is necessary to master this program. Moreover, according to the law, any school can - with prices approved by the local administration. The list and cost of services must be publicly available: officially published on the school website.

Sometimes children and parents are forced to take additional classes in certain subjects or study outside the school curriculum. They also hold Olympiads, where you have to pay for participation and forms. All paid classes, services, electives and competitions are only voluntary and with your consent.

What type of work is offered to children?

Different types of work are suitable for children of different age groups. What a 15-17 year old teenager can do, will not always be appropriate to offer to a 12 or 13 year old child. However, some boys and girls, after mastering the basics of a profession as a part-time summer job, choose it as the basis for future education or permanent work.

Work from 12 to 14 years old

Work from the category for 12 to 14 years old may be suitable for older teenagers:

No matter what informal part-time job a child under 14 years of age does, the parent should not let the situation take its course. A teenager should know that in an unusual situation or in case of deception on the part of the employer, they will be able to help and support him.

Vacancies for children 14-16 years old

In the range of 14-16 years, the list of vacancies for a child becomes a little wider, but it is necessary to evaluate his individual capabilities and abilities. Those who love mobile work should look at some professions, and those who by temperament prefer solitary work should look at others. With informal hiring, the student can decide for himself where he can work and how many hours a week.

The work of a copywriter may be suitable for children starting from the age of 12, but such a part-time job is much more suitable for older schoolchildren. This directly depends on the child’s interests, as well as the ability to competently work through and present the material. Or the ability to creatively present your own ideas in thematic communities for peers.

In order to master new and promising professions, it is advisable for schoolchildren to focus not only on immediate income, but also to study how the job market will change in the next 3-5 years.

Work for teenagers 16-18 years old

Teenagers from the age category of 16-18 years old can master more “adult” professions:

Most teenagers after 16 years of age perceive themselves as adults, so they can sometimes take on difficult tasks. Parents or guardians should closely monitor the child's activities to ensure that the child does not compromise his or her health.

Legal grounds

Important! Please keep in mind that:

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

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

• Use the online chat in the lower corner of the screen.
• Call: Federal number: +7 (800) 511-86-74

Each person who interacts with a minor in any way bears all possible responsibility: for moral character, upbringing, education and health. Potential employers were not spared in this matter either. So the very intention to hire a candidate, not only, forces one to analyze the working conditions that they intend to offer him when concluding an employment contract with minor workers.

Chapter 42 of the Labor Code repeatedly reminds the employer that for a teenager who wants to earn extra money, he must carefully select not only a position so as not to cause even the slightest harm to his body, but also take care of the opportunity to continue receiving general education. In addition, there are a number of concessions that are guaranteed for a working child:

• shortened working week, art. 92 TK;
• extended leave (at least 31 days), art. 267 TK;
• reduced production rate, art. 270 TK;
• protection from being involved in heavy or dangerous work, art. 265 TK;
• restrictions on heavy lifting, Ministry of Labor Regulation No. 7;
• refusal to try to involve a teenager at odd hours, at night or on holidays, Art. 268 TK.

There is also a significant difference in the procedure for concluding an employment contract with minors of different ages.

A person can independently conclude a full-fledged employment contract from the age of 16, Art. 63 Labor Code of the Russian Federation.

General recommendations when employing a child

Regardless of where a teenager lives in Moscow, Chelyabinsk, Voronezh, Kostroma or Belgorod, he can get a job via the Internet and earn his first money. But it is better to involve a parent or any other adult mentor in the process, who will help you take the first steps and not face fraud.

Unscrupulous employers are as common in real life as they are online. They may not pay wages or impose unbearable responsibilities on the child. Therefore, it is advisable for young workers to attract more experienced people who will help resolve the situation and defend their rights.

about the author

Klavdiya Treskova - higher education with qualification “Economist”, with specializations “Economics and Management” and “Computer Technologies” at PSU. She worked in a bank in positions from operator to acting. Head of the Department for servicing private and corporate clients. Every year she successfully passed certifications, education and training in banking services. Total work experience in the bank is more than 15 years. [email protected]

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Working conditions and payment

Undoubtedly, the main difference between an employment contract with a minor will be the reduced duration of shifts and working week:

Previously, this was the main argument for refusing to hire candidates under 18 years of age. After all, for shortened working hours, full payment was due, as for a 40-hour week. It is clear that in such a situation the employer gave preference to those who were older and could work more for the same money.

To increase the attractiveness of cooperation with minor graduates of educational institutions, the legislator changed its requirements. Now payment is calculated in proportion to the number of hours worked. Accordingly, attracting young employees, especially to those positions where adult specialists are reluctant to go, becomes financially justified.

The Code, however, allows teenagers to be paid their full salary. Article 271 of the Labor Code supplements this right with the wording “at one’s own expense.” This may mean that there may be a big problem in classifying these expenses as gross for income taxes. To prevent it, you need to secure this type of additional payment in the company’s collective labor agreement. But then all minors in the team will be entitled to a full salary for reduced working hours.

Termination of a contract at the initiative of the employer is very difficult. The only way out can be to conclude a fixed-term contract.

Comments: 139

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article: Klavdiya Treskova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Artyom
   09.29.2021 at 23:59 Hello, I’m 12 years old and would like to earn money, but at the same time I’m not on the street, the salary doesn’t matter to me, the main thing is that it’s paid, please tell me.
   Reply ↓ Kadyrkul
   03.10.2021 at 08:04

   The same

   Reply ↓

3