How to terminate an employment contract with a minor employee

Features of employment of minors

In the Russian Federation, the work of minors is not prohibited, but there are a number of restrictions regarding their work activities. For example, Art. 265 of the Labor Code of the Russian Federation directly prohibits the employment of teenagers in hazardous and/or hazardous industries. The list of such works is established by Decree of the Government of the Russian Federation dated February 25, 2000 No. 63.

What other nuances are important to consider:

• Employment of persons under 18 years of age is carried out with the written consent of parents or guardians. At the same time, the potential employee must have no medical contraindications to work, and must also meet the level of education required for the position.
• In some cases, the employment of children aged 14 to 16 years may additionally require the consent of the guardianship authorities.
• Teenagers should not be asked to work at night, on weekends, or sent on business trips. Also, they cannot be part-time workers.
• Minors are provided with reduced production standards and a lighter work schedule. The duration of annual paid leave for them should not be less than 31 days. The employer also undertakes to conduct annual medical examinations at his own expense.

As can be seen from the above, minor employees enjoy greater benefits than persons over 18 years of age.
Such norms are approved by the Labor Code of the Russian Federation. The same applies to the dismissal of teenagers: if adult workers can be dismissed if there are grounds at the initiative of the employer without any problems, then the involvement of the commission for minors and the labor inspectorate is required (Article 269 of the Labor Code of the Russian Federation).

In the absence of consent

If the employer has not submitted a request to the labor inspectorate and the commission for minors, then this becomes the basis for declaring the dismissal illegal . It is impossible to forcibly terminate a contract with a teenager if the commission makes a negative decision. Therefore, the employer will have to reinstate the employee in his position by paying him financial compensation , which depends on the downtime. Through the court, a teenager can even request moral compensation, the calculation of which takes into account the provisions of Art. 394 TK.

Reference! If the commission makes a negative decision, then the head of the company can challenge it in court, taking into account the provisions of PP No. 788. If a teenager, while working, became a member of a trade union organization, then under Art. 81 and 373 of the Labor Code, the head of the company will additionally have to obtain consent from representatives of this collective body.

How to fire a minor employee at your own request

Several years ago, the Labor Code of the Russian Federation provided for the obligation to inform the commission on cases of minors by the employer, even if the teenager was dismissed at his own request . Currently, thanks to the new amendments, this is required only when terminating the contract on the initiative of the director, with the exception of cases of liquidation of the enterprise or closure of the individual entrepreneur’s activities.

The procedure for terminating an employment contract with a minor in this case is carried out in accordance with the general procedure:

1. A teenager submits a letter of resignation to his manager. He is not obliged to explain the reasons. The application indicates the date of termination of the contract. In the absence of such, the employer has the right to impose mandatory two-week work. This period is not established if the dismissal occurs due to retirement: in this case, the director is obliged to release the employee within the established time frame.
2. The manager puts a resolution on the application and issues a dismissal order. The person resigning gets acquainted with the order by signing it. If desired, he may be given a copy of the document upon request.
3. On the last day of work, a full payment is made to the resigning employee and all certificates are issued. This date is considered the date of dismissal and is indicated in the work book with references to the basis - the manager’s order with details (date and number).

Expert commentary

Kamensky Yuri

Lawyer

If a teenager is employed under a fixed-term contract, the employment relationship ends on the day it ends. The director is obliged to notify such an employee of the upcoming dismissal 3 days before the date.

Reasons

The basis for termination of the contract at the request of a minor employee is the application submitted by him. No additional documentation is required.

Dismissal procedure

Algorithm of actions for dismissing a minor employee:

1. Preparation and submission of requests to authorized bodies.

The request is made in writing and sent by mail to the KDN and GTI at the place of permanent registration of the employee. The document must contain information about the minor employee, employer and reasons for dismissal.

1. Receiving a response from each organization.

After receiving the request, the KDN submits consideration of the issue to the next meeting of the commission. Members of the Control Committee consider the reasons given by the employer and find out whether children's rights have been violated. The response must be provided in writing.

1. Preparation of a dismissal order.

The order must reflect the consent of the authorized bodies.

1. Calculation of the employee and issuance of documents (work book, certificate of salary and information about insurance contributions).

A minor employee has the right to receive all payments provided for by law and local regulations (compensation for unused vacation, financial assistance, severance pay).

Important! If the KDN and the State Tax Inspectorate refuse to issue permission to terminate the employment contract, then it is impossible to dismiss a minor employee.

The refusal of the authorized body can be appealed in court.

How to fire a minor employee at the employer’s initiative: step-by-step instructions

Everything becomes more complicated when the head of the organization becomes the initiator of the dismissal of a teenager. In this case, the procedure is as follows:

1. The director discovers grounds that give him the right to terminate the contract with the teenager. All this is recorded in the documentation. The employee is required to provide an explanatory note, which he must submit to his boss within two working days.
2. The head sends written requests to the commission on juvenile affairs and the State Tax Inspectorate.
3. Within 10 days, authorized representatives of government agencies hold a meeting with the participation of the employer on the issue of dismissing the child. It is this commission that decides his future fate.
4. Based on the results of the meeting, a protocol is drawn up, and the director receives permission to dismiss the teenager.
5. A dismissal order is drawn up. The employee must familiarize himself with it against signature. If he does not want to sign, a corresponding act is drawn up to this effect in the presence of two witnesses.
6. On the date of termination of the contract, a full settlement is made and all certificates are issued.

Expert commentary

Shadrin Alexey

Lawyer

As can be seen from the above, the only difference in dismissing a teenager is the obligation to inform government authorities. Otherwise, the procedure is identical to terminating a contract with an adult employee.

Reasons

The list of grounds for termination of the contract at the request of the employer is contained in Art. 81 Labor Code of the Russian Federation. Why a teenager can be fired after proceedings involving government agencies:

Important! If the company is liquidated, management is obliged to inform all employees in advance. The participation of IPDN and GIT in this procedure is not required. If only staff reduction is planned, and a minor is dismissed, it is mandatory to inform the specified authorities. In addition, all employees must be notified in writing about the layoff 2 months before the expected date, and they must be offered vacant positions to replace those being laid off.

Let's consider a practical example of dismissal for negative reasons:

17-year-old Ivanov O.N. employed in a children's entertainment club as an animator. On July 15, he returned to work as scheduled. Closer to lunch, the administrator suspected that Ivanov O.N. is in a state of drug intoxication, and reported this to the club manager. The manager called Ivanov for a conversation, during which signs of drug intoxication were revealed: inappropriate behavior, lack of response to questions, sluggish speech. The manager called the teenager’s mother, who came to the club. The woman, together with the manager, went to the drug treatment clinic on her own, where a blood test was taken. As a result of the analysis, traces of a narcotic substance were found.

All documents for dismissal by the manager were collected correctly: a memo from the employee, an explanatory note taken the next day from O.N. Ivanov. The test results are also attached to the case.

The employer sent a notification to the State Tax Inspectorate and the IPD. As a result of consideration of the issue, a decision was unanimously made to dismiss O.N. Ivanov.

On the day the decision was made, the manager issued an order to dismiss the employee.

Features for orphans

For children who are left without parental care, special guarantees on the basis of the Labor Code. If a company closes or downsizes , the head of the company must, at his own expense, send an orphan teenager for retraining with subsequent employment . This requirement is contained in paragraph 6 of Art. 9 Federal Law No. 159 .

Because of such difficulties, many enterprise managers refuse to employ minors.

Liability for illegal dismissal

Based on Art. 392 of the Labor Code of the Russian Federation, an employee dismissed for no reason has the right to go to court to be reinstated in the workplace and hold the employer accountable within 1 month after receiving a copy of the order.

If it is established that the employer actually terminated the contract without reason, the claims will be satisfied, and he will be held accountable under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for the following sanctions:

• fine up to 5,000 rubles. for officials and individual entrepreneurs;
• fine up to 50,000 rubles. for legal entities.

The same applies to termination of an employment contract bypassing the requirement to notify the commission for minors and the territorial division of the labor safety inspectorate: the manager will have to pay a fine.

Discharge on compassionate grounds

Family circumstances on the basis of which dismissal can be made are listed in Article 80 of the Labor Code of the Russian Federation:

• Reorganization of the organization, due to which employees have to move to another location.
• A person's spouse is forced to move to another location due to work.
• Serious illness of a child or close relative.

Article 80 of the Labor Code of the Russian Federation states that these circumstances allow the employee to leave without working. The employee must provide supporting documents: a certificate of incapacity of a relative, a certificate from the place of work.

What documents should an employee be provided upon dismissal for family reasons ?