Use of slave labor in relation to minors and liability under the Criminal Code of the Russian Federation

Peculiarities of labor activity of minors

Vagrancy of minors and involvement of a minor in vagrancy
The main document that defines the rights of a child is Law 124-FZ. Art. 11 establishes guarantees regarding payment and labor protection, provision of leave and shortened working hours for children over 15 years of age who want to work. The employment of minors is also regulated by the Employment Law No. 1032-1 and the Labor Code.

In Art. 63 Labor Code defines the requirements for hiring citizens under 18 years of age. As a general rule, you can enter into an employment contract at the age of 16. From the age of 15, the following categories of persons are allowed to be employed exclusively for light work that does not cause harm to health:

• graduated from secondary school;
• expelled from a general education institution and continuing to study in another form, and work activity should not interfere with their studies.

If a minor has not yet completed his studies, then work should not interfere with his education. Teenagers under 14 years of age are allowed to work only in theater, concert, cinema and circus organizations, as well as participate in sports competitions. The length of the working day in this case is agreed upon with the guardianship authorities.

Restrictions on the use of minor labor

Article 150. Exploitation of children

1. Exploitation of children under the age at which employment is permitted by law, by using their labor for the purpose of
profit, is punishable by arrest for a term of up to six months or

restriction of freedom for a term of up to three years, with deprivation

the right to hold certain positions or activities

certain activities for a period of up to three years.

health, physical development or educational level of the child, or associated with the use

child labor in hazardous production, is punishable by imprisonment for a term of two to

five years with deprivation of the right to hold certain positions or engage in certain activities for

up to three years.

1. The object of this crime is the health, physical development, educational level of the child, etc.

The child is the subject of the crime and at the same time the victim.

2. The objective side of this crime is expressed in the exploitation of children who have not reached the age at which employment is permitted by law.

Child exploitation is the use of child labor in any type of work for the purpose of obtaining

3. The subjective side of this crime is expressed in the form of direct intent. The person is aware that he is exploiting a child for profit and wants to

4. The subject of a crime can be a sane person who has reached the age of 16.

5. The qualifying features of this crime under Part 2 are:

- exploitation of several children;

— causing significant harm to the health, physical development or educational level of a child;

- exploitation of children using child

labor in hazardous production.

Multiple child exploitation is the illegal use of the labor of two or more children.

Significant harm to the health, physical development or educational level of a child should be understood as the child receiving varying degrees of severity.

bodily injuries, various chronic diseases, abnormal physical development of the child and deviations in the educational level of the child resulting from the illegal exploitation of child labor7^

The use of child labor in hazardous production should be understood as child labor in industries that are classified by the legislator as hazardous.

At what age can a child be involved in work?

Thus, according to the Labor Code of the Russian Federation in Russia, an employer has the right to draw up an employment contract with a child over 14 years old. If a teenager is under 18 years of age, then he can only perform work that is not associated with harmful, unsafe working conditions and does not harm health and moral development.

Thus, a citizen under 18 years of age cannot be hired to work in a nightclub, casino, or in a store selling alcohol and cigarettes. Also, a minor cannot perform underground work. Work in a religious organization, on a rotational basis and part-time is prohibited.

Documents required when applying for a job

To get a teenager to work you need:

• document confirming the identity of the person entering the organization (general civil passport);
• confirmation of education, receipt of a certain qualification or certificate of suspension of education;
• work book (if available);
• document of a participant in the pension system (SNILS), except for the situation of hiring for the first place of work;
• confirmation of military registration (for boys);
• permission of the parent (guardian), as well as the guardianship authorities, to employ a child under 16 years of age;
• medical certificate.

The procedure established by the Ministry of Health and Social Development of the Russian Federation (Order No. 302, 04/12/2011) provides for the mandatory medical examination of adolescents every year until they reach adulthood.

Attention! A medical examination of a citizen is carried out at the expense of the enterprise (Articles 69, 266 of the Labor Code of the Russian Federation). If a minor employee does not have a medical certificate, the management of the organization faces liability for an administrative violation (Article 5 of the Code of Administrative Offenses of the Russian Federation).

Peculiarities of child exploitation

It should be noted that in all civilized countries the interests and rights of the child are carefully protected by national legislation. The fundamental principles of protecting children and promoting their comprehensive development are enshrined in the Convention on the Rights of the Child, adopted by the UN on November 20, 1989. For the USSR, however, this international act came into force on September 15, 1990.

Modern Russia also adheres to the rules approved by this Convention. In domestic jurisdiction, the rights of children are directly guaranteed by the norms of the Constitution of the Russian Federation.

In addition, the general rules for ensuring and observing children's rights are determined by Law No. 124-FZ of July 24, 1998. The involvement and use of hired labor of a child is regulated by separate provisions of the Labor Code. In the school education format, the student’s work activity is carried out taking into account the requirements of Law No. 273-FZ of December 29, 2012, regulating education.

The issue of the admissibility of child labor requires a correct approach. It is necessary to initially distinguish the voluntary nature of the work performed from forcing the child to perform a certain activity. To understand this difference, you should refer to the norms of the current legislation.

Legislation of the Russian Federation on the protection of children from exploitation

In the Russian Federation, as is known, there is a general ban on any manifestations of forced labor, which is stipulated in Article 4 of the Labor Code. The same norm does not allow forcible influence on a person for the purpose of forcing him to do any work. Thus, a person - both a child and an adult citizen - cannot be forced to work.

A minor citizen is protected from exploitation by the following provisions of the legislation of the Russian Federation:

1. Article 37 of the Constitution of the Russian Federation declares the principle of safety, remuneration and freedom of labor. The same norm prohibits forcing any person to work. At the same time, Article 38 of the Constitution of the Russian Federation guarantees state protection of childhood and motherhood, and care for a minor and his upbringing are the responsibilities of parents.
2. Article 14.2 of Law No. 124-FZ of July 24, 1998 stipulates that authorities at all levels must counteract the exploitation (including forced labor) and sale and purchase of minors. Paragraphs 4-6 of this article provide for holding individuals and legal entities accountable for these unlawful acts (civil, criminal, disciplinary).

Child labor in school

Part 4 of Article 34 of Law No. 273-FZ of December 29, 2012 prohibits the involvement of a schoolchild in work not provided for in the education program unless his parents (other legal representatives) give their consent to this. Parents who have not provided such permission have the right to complain to the prosecutor's office if their son (daughter) is still involved in unauthorized labor by school employees.

Sexual exploitation of a child

There is criminal liability for sexual exploitation of a minor in the Russian Federation:

• Child trafficking is punishable by 3-10 years in prison. This is provided for in paragraph “b” of part 2 of article 127.1 of the Criminal Code of the Russian Federation (CC);
• involving a minor in prostitution is punishable by 3-8 years in prison (Part 3 of Article 240 of the Criminal Code);
• the use of minors in the porn industry is punishable by imprisonment for 2-15 years (Articles 242.1-242.2 of the Criminal Code).

Features of the crime

In theory, children in Russia are protected from violence, exploitation and other illegal activities. Almost always, the punishment for a crime is more severe if the victim is a minor.

However, information on child exploitation is literally scattered across a variety of codes. And violators do not always receive any significant punishment.

Legal norms

International conventions

There is an important international document that has been ratified by one and a half hundred countries.
This is the 1989 Convention on the Rights of Children (adopted by the UN General Assembly), including the child’s right to protection from exploitation. Several articles at once (for example, 19, 32) speak of the prohibition of child exploitation. States parties are required to take measures to protect children, provide adequate supervision, and provide rehabilitation for victims of exploitation.

Russian Federation

The laws of Russia include several key norms:

1. Article 37 of the Constitution speaks of freedom of labor and the inadmissibility of coercion in this area. Work must take place in proper conditions, including decent pay.
2. Federal Law No. 124-FZ (adopted in 1998) guarantees child workers benefits, vacations and reduced working hours. This is stated in Article 11.
3. Law No. 273-FZ, which talks about education in the Russian Federation, speaks of the inadmissibility of involving a child in work outside the program of an educational institution (clause 4 of Article 34).
4. Many articles of the Labor Code of the Russian Federation talk about the specifics of hiring minors, remuneration for their labor and other nuances.

Also, recently there has been talk about introducing amendments to the articles of the Criminal Code of the Russian Federation with the aim of resolving the problem of exploitation of child labor. In theory, everything is very good. In practice the situation is completely different.

Corpus delicti

There is no specific article in the Criminal Code that would specifically address the exploitation of children. Accordingly, it is impossible to talk about the elements of the crime.

In some cases, qualification under Article 127.1 is possible if the exploitation is accompanied by kidnapping. The note to this article talks about slave labor or services, bondage, and various sexual coercions (more on this later).

Types and forms of exploitation of child labor in Russia

The most common situation is entrusting some work to children under sixteen years of age. Children deliver advertising materials to apartment mailboxes and hand out leaflets on the streets.

Most often, this lasts for long hours, is accompanied by many kilometers of walking, and is sometimes paid for in meager amounts of money. But deception cannot be ruled out when children are simply denied payment under various pretexts.

What else do children do? They help parents trade, clean areas and premises.

We can also talk about a certain type of exploitation of child labor at school, when children are forced to clean its territory and move things from one office to another.

Next, we will talk about how crimes related to child labor or child exploitation are investigated.

About night-time types of exploitation of child labor, see the following video:

https://youtube.com/watch?v=-FScuylBnVQ%3Ffeature%3Doembed

Peculiarities of children's work activity

The main set of legal acts that regulate the work of persons under the age of majority is the Labor Code of the Russian Federation. In addition to this, the specifics of the work of minors are indicated in:

• Federal Law No. 124;
• Citizen Employment Law No. 1032-1.

Specifically, Article 63 of the Labor Code of the Russian Federation defines the conditions for hiring and conducting labor activities of persons under the age of majority:

• allowed to employ persons over 16 years of age;
• from the age of 15 you can hire a child, but only for light work;
• if you need to register a child for work from the age of 14, then you must have a work permit from one of the parents;
• The duration of working hours is agreed upon with the guardianship authorities.

Also note the following:

• work should not interfere with a child’s education;
• work should not harm health.

Restrictions on the labor of minors

According to Article 268 of the Labor Code of the Russian Federation, it is prohibited:

• send minors on business trips;
• bring to work on holidays and weekends;
• engage in work on the night shift or beyond the established norm.

Please note that travel restrictions do not apply to those in the media, performance organizations and athletes.

According to Article 265 of the Labor Code of the Russian Federation, it is prohibited to employ teenagers if the following conditions exist:

• it is a religious organization;
• hazardous production;
• shift method of work.

Working hours for teenagers

Article 94 of the Labor Code of the Russian Federation establishes the following time frames:

• for a 14-year-old – no more than 4 hours;
• for a 15-year-old – no more than 5 hours;
• for a 16-year-old – no more than 7 hours.

A 16-year-old child has the right to work no more than 24 hours in total per week, and from 16 to 18 years old no more than 35 hours. Once they reach adulthood, they can work a full shift.

Have a question for a lawyer? Ask now, call and get a free consultation from leading lawyers in your city. We will answer your questions quickly and try to help with your specific case.

• Telephone in Moscow and Moscow region
• Phone in St. Petersburg and Leningrad region: +7 (812) 603-78-25
• Free hotline throughout Russia

Vacation registration

Every working citizen has the right to leave. So, for minors the following applies:

• 31 days are provided;
• You can take a vacation at any time;
• a minor employee cannot be recalled from leave;
• Vacations not taken cannot be compensated with monetary compensation.

Tariffication of wages

According to Article 271 of the Labor Code of the Russian Federation, remuneration is carried out at a set rate in proportion to the time worked. The wage rate cannot be less than the minimum wage established in the region.

Liability issues

Since we are talking about a minor, it will not be possible to conclude an agreement on financial responsibility with him - such documents cannot be signed through an official representative and can only be executed individually from the age of 18.

But this does not mean that the young worker will not be held liable for intentional material damage. Thus, according to Article 242, the exception to the rules is:

• if the material damage was caused intentionally;
• if the illegal act was committed while under the influence of alcohol or drugs;
• if it is the result of a crime. For example, an employee decided to steal the contents of a safe and broke a window and door.

Dismissal

According to Article 269 of the Labor Code, if an employee is fired, the employer must first obtain permission from the labor inspectorate. The child himself has the right to resign whenever he wants by writing a corresponding statement to his boss.

Responsibility for the use of child labor

The law tells us that, subject to the conditions described above, a minor can work. But anything beyond these requirements is a violation - administrative or criminal.

The Criminal Code of the Russian Federation has an article that concerns child labor - 127.2 “Use of child slave labor.”

Unlawful use of child labor can result in the following for an employer:

• Article 6.19 of the Code of Administrative Offenses of the Russian Federation - liability for a legal entity if it encouraged the organization of child labor. For example, he provided premises for this, organized work, looked for workers. Sanctions under this article: a fine in the amount of 1 to 5 million rubles, a ban on conducting activities for up to 3 years;
• Article 127.2 of the Criminal Code of the Russian Federation – child slavery. Imprisonment for up to 10 years, forced labor for up to 5 years. As an additional punishment, a ban on holding a managerial position for up to 15 years and a fine may be issued.

Parents may also be held liable if it is established that they contributed to their child working outside the legally established time limits and requirements in general. Questions may also arise for the guardianship and trusteeship authority, since they had to give permission to work.

CONDITIONS OF CHILDREN'S LABOR ORGANIZATION

Solving the problems of labor education is carried out subject to a number of conditions: the systematic inclusion of each child in work, taking into account the load on the child, taking into account the individual preferences of the child in combination with the principle of compulsory work, selection of equipment for work, and the creation of a working atmosphere in the group.

6.1. SYSTEMATIC INCLUSION OF EVERY CHILD IN WORK

The systematic inclusion of a child in work ensures the formation of the habit, and then the need to work. The child gets used to this type of activity, improves labor actions and increasingly performs them automatically or more confidently.

Becoming habitual, work actions turn into skills and abilities, and the child becomes more independent, independent of the adult, and bolder in taking on new tasks.

Children’s participation in work is achieved in different ways: in the process of carrying out assignments, duties as an attendant in classes, in a corner of nature. Of course, self-care work requires constant labor effort from the child. It is important to systematically include manual, household labor in various forms, organized by the teacher, into the child’s life regimen. This creates natural conditions for the inclusion of each child in different types of work and forms of its organization.

In order for all children to be involved in work, the teacher should plan this work, plan in advance which of the children to give what assignment, how to line up the duty, etc., plan weekly in a group or in a section for general, joint or collective work.

6.2. ACCOUNTING THE CHILD'S LOAD

The work of children, of course, does not replace the work of adults. The child participates in the work of adults and performs some part of the work available to him.

The teacher, organizing the work of children, evaluates it not so much by the volume of work done, but in relation to the work, the manifestation of responsibility, conscientiousness, and the ability to complete the task.

During work, the child faces stress. This is natural, since the essence of labor is effort, load, tension. Insufficient load makes work too easy and does not require effort. The child gets used to working without effort and therefore subsequently does not want to accept work tasks that require effort.

At the same time, excessive load also has a negative effect. Overload causes overwork and the appearance of a negative attitude towards work.

Children relate to stress differently. Thus, children who cannot yet determine in advance the degree of load can take on a very large load, but, of course, cannot complete it. S. N. Teplyuk conducted a study on teaching young children to work. One of the tasks was to determine the permissible load. The researcher conducted the following experiment: children were asked to move sand into a sandbox. They had to choose a bucket themselves, pour sand into it and carry it. As a rule, all children aged 2.5 to 3 years old took the largest bucket, poured sand into it to the top and tried to carry it. Did not work. They refused to take a small bucket (they are already “big”!). Then the researcher offered the children the same large buckets, but different ones. The children poured sand into them to the top, not paying attention to the fact that it was filled to the top much faster than before, and with little effort they completed the task. They were happy. What's the matter? The fact is that the second time they were offered buckets with a double bottom and much less sand went in, but the child’s “I-myself” was not infringed. Gradually, as the skill was mastered and with the increase in the age and physical strength of the children, the bucket became more “capacious”, the second bottom decreased, and the child could carry sand, confident in his abilities, but without overload.

The greatest amount of physical stress is felt when children are clearing snow or digging up soil in the garden. It is very important to teach children this work. The teacher must show how much snow can be taken on a shovel, how high to lift it, how to throw snow on the side of the path, or how to shovel snow to one place. An adult is always close to the children and monitors the fulfillment of such conditions so that the children work with a workload that is appropriate for their age. An adult must remember that only freshly fallen snow can be shoveled with children.

There are also rules for digging up soil. And children should first be familiarized with them: children dig up only loose soil, take the shovel correctly, do not dig deep, turn the shovel over with the soil without lifting it high.

The teacher monitors the pace of work: the pace can be either too slow or too intense. Both are bad. A moderate pace prolongs children's working capacity and delays fatigue. It is important to take into account the characteristics of children and guide the process of completing the task. When organizing joint, collective work, you can allow a change in the nature of the work after 5-8 minutes: first, one child washed the toys, and the other wiped them, and then the children swapped responsibilities. Fatigue did not set in and interest in work activities increased.

6.3. SELECTION OF WORK EQUIPMENT

First of all, it should be remembered that work equipment and toys representing work equipment are different things with different purposes. Only color can unite them - bright, attractive to a child. Equipment for work (shovels, rakes, brooms, watering cans, etc.) must correspond to the height of the child, but be such that the child can perform a work action, not a play action, i.e., for example, not as if he was digging up the ground, and dug it up as necessary for subsequent use in . planting plants.

There should be enough equipment for work for all the children in the group so that the teacher can organize common work, giving the children different work assignments, but at the same time. If children have to wait until the equipment is free, then they gradually lose interest in work and there is no longer any need to talk about labor education.

It is important to think about how and where to place work equipment. It should always be in the same place, which the children know about and in which they always place the equipment after work. It could be a shelf, a closet, a specially designated place, etc., but it is always the same. Equipment must be clean and always ready for children to use in their work. Therefore, children should immediately be taught to wipe equipment after use. It is not at all necessary to have all the equipment in plain sight; it is important that children know where it is and can take it independently if necessary.

6.4. CREATION OF A WORK ATMOSPHERE IN THE GROUP

One of the important conditions for labor education is the creation and maintenance of a working atmosphere in the group. The need for work arises constantly: putting away toys after playing, watering indoor plants, putting things in the closet after a walk, putting chairs in place, etc. Children are taught to notice problems and correct them themselves. The teacher constantly shows children an example of such an attitude towards the environment. This does not mean that he corrects problems himself, he does it together with the children, gives them instructions, draws their attention to the result, teaching the children to the order that they themselves, together with the teacher, maintain in the group.

The teacher always emphasizes how good it is when the group is clean, all things are in place after use. How pleasant it is to live in such a group! It is very important to carry out similar work with parents, involving them in ensuring that children do not leave their things at home and help parents in cleaning the apartment. Such joint work of adults will help to strengthen in children the habit of living in a neat, beautiful environment and working for it.

Such a work atmosphere should not be burdensome for children, it should not limit their desire to play, draw, or engage in any other activity that interests them; it should be natural for the child and perceived as a necessity. Children should experience joy from work, therefore, when common work is organized, you can turn on quiet music that is pleasant for children. When a child carries out individual assignments, he should feel a sense of responsibility and importance from the task assigned to him; when children are on duty, they do it with a feeling of joy, as they are doing pleasant and necessary work for their comrades. It’s good if the teacher, in the process of organizing work, does not forget to remember a proverb, a saying that will cheer up the child (“Patience and work will grind everything!”, “It’s a hard day until the evening, when there is nothing to do!”).

Accustomed from childhood to living in a good working atmosphere, the child will not perceive labor actions as a heavy, unwanted duty, but will accustom himself to perform labor duties easily and with an understanding of their necessity.

6.5. ELEMENTS OF CREATIVITY AND FREEDOM IN THE CHOICE OF LABOR ACTIONS

An important condition for organizing work is stimulating children to be creative. Of course, work is a mandatory activity, often based on the precise execution of labor actions. But at the same time, it’s more interesting to work if you can bring something of your own into these actions, improve something, rationalize something, if you use elements of experimentation, if you solve a work problem with the help of mental labor.

So, the teacher invites the children, while on duty for classes, to decide for themselves how the people on duty will lay out the pencils - the whole set for each child at once, or one person on duty will lay out red pencils for everyone, and the other - green ones. At the same time, the children themselves determine how they will work today. This arouses their interest, creates a kind of game situation, and the children complete the task with pleasure. The teacher observes the children, and then, after the end of duty, can talk with those on duty about which form of completing the task seemed more rational and quick to them. Let the children analyze the chosen method themselves and make a decision.

The teacher asks the children to arrange the toys in the toy corner so that it is convenient for all children to take the toys. This can be done in different ways: you can do it traditionally, or you can switch something around. Even if the option chosen by the children is not very correct from the position of the teacher, there is no need to immediately tell the children about this; they themselves will draw the necessary conclusion later.

By offering children joint work to clean the room, they are given the opportunity to determine for themselves what materials will be needed for the work, where to get them, who will take them, decide where to start the work, etc.

Such freedom of choice creates in children a feeling of trust in them, and they also acquire the practice of performing the same work in a variety of ways, which makes the work more attractive, independent and responsible.

The content of any child labor can include situations for the manifestation of creativity, invention, and making one’s own decisions. It is only important to discuss their actions with children, ask them to explain the reason for the chosen decision, analyze the results and the effectiveness of the methods of completing the task. Such performance of work tasks and their subsequent discussion makes work meaningful, independent and brings joy to the child.

QUESTIONS AND TASKS FOR SELF-CONTROL

1. Explain how the conditions for organizing children’s work affect the effectiveness of solving problems of labor education.

2. How are taking into account the load on the child and the choice of equipment for work related?

3. What features of children’s age are important to consider when creating conditions for creativity and freedom in choosing work actions?

4. What other conditions for organizing the work of children could you offer?

Child labor: legal or illegal

Child labor in itself is not illegal. She is under special protection from the state, because teenagers have a fragile psyche, do not have sufficient physical strength, and are subject to increased influence from others. This age is also associated with receiving education.

Violations of legislation on the work of minors are found everywhere, but responsibility for such acts is scattered across various legal acts. There is also no special article of the Criminal Code of the Russian Federation for the use of child labor.

Statistics. Forms of exploitation

There are different forms of child labor exploitation. These may include:

• coercion to perform work not covered by educational programs in schools;
• violation of labor standards for minors (involvement in overtime, heavy work);
• involvement in prostitution, provision of other sexual services, etc.

Statistics

Data from international statistical studies indicate that the exploitation of minors is becoming widespread in third world countries (Africa, Asia, and Latin America). This becomes a problem leading to a deterioration in the physical and moral condition of the child.

In the Russian Federation, this problem also exists, despite the restrictions and prohibitions established by law. The state must engage in prevention (prevention) of the illegal use of child labor, creating conditions to prevent such exploitation. This applies not only to punishments for relevant offenses.

It is necessary to carry out educational and explanatory work in educational institutions, to promote the comprehensive development of minors. Responsibility also rests with parents, who are obliged to support and raise their own children.

Share with friends:

Criminal liability

Thus, in accordance with the listed regulations, students of secondary schools have the right to make decisions about attending (or not attending) work events organized by the institutions in which they are educated. Involvement in work (if it is not carried out as part of the educational process) without the consent of the students themselves, their parents or guardians, is interpreted by the legislator as a violation of the rights of the child and may be a criminal offense.

If the student voluntarily decides to assist in repair work or other actions for the benefit of the school, then he must provide written consent from the parents. The same applies to official employment. Otherwise, hiring a child will be regarded as illegal use of child labor.

The exception is work provided for by the charter of an educational organization and which is part of everyday life and the educational process itself. Such institutions include professional military schools, as well as correctional institutions. It is also not a violation of the child labor law to involve students in technology lessons that are aimed at teaching children how to use tools, machines, building materials and kitchen utensils. Exclusion from such activities is permitted only for medical reasons.

What Russian legislation says about child exploitation

The fundamental instrument that governs the prohibition of forced labor of children is the Convention on the Rights of the Child . In the Russian Federation, the labor rights of minors are enshrined in the Labor Code of the Russian Federation.

It states that a citizen has full labor rights from the age of sixteen. Children can work at an earlier age. But for this it is necessary to have the consent of the parents and, in some cases, the guardianship authorities.

The exploitation of child labor is not regulated by a separate article of the Criminal Code of the Russian Federation. This omission is already being discussed in the State Duma and appropriate amendments will most likely be made soon. In the meantime, Article 127.2 of the Criminal Code of the Russian Federation is being considered as a possible prosecution.

Types of exploitation

The use of illegal child labor can be used in various areas. These include:

1. The sphere of advertising.
2. Trade.
3. The sphere of provision of sexual services.
4. Cleaning industry, etc.

Exploitation is always a forced phenomenon. Neither an adult nor a child can be involved in labor. We can highlight a separate article of the criminal code, which regulates illegal recruitment to labor - Article 127 of the Criminal Code of the Russian Federation (Use of slave labor).

Acts of a sexual nature

Article 34 of the International Children's Convention states that the child must be protected from abuse or exploitation of a sexual nature. This means a ban on prostitution, pornography, and sexual inducement/coercion.

• In the case of sexual exploitation of children and adolescents, the norms of the articles of the Criminal Code of the Russian Federation are somewhat stricter. The already mentioned Article 127.1 (considered separately) is indicative in this regard.
• If a child is forced into prostitution, this is already Article 240 of the Criminal Code. The prison term can range from three to eight years. Plus restriction of freedom (one to two years) and a possible ban on holding certain positions/certain types of activities (within fifteen years).
• Finally, 242.1 of the Criminal Code of the Russian Federation talks about the production of pornographic materials with the involvement of minors. Such a crime is recognized as especially qualified if children under fourteen years of age are harmed.

It is obvious that in the area of ​​child exploitation, Russian legislation still requires the development of new standards and adjustments to existing ones. Only in this case will each child be truly and adequately protected.

Very informative and complete material on the issue of the crime of sexual exploitation of children is discussed in the following video:

https://youtube.com/watch?v=-xHxsqsmkWg%3Ffeature%3Doembed

Punishment for violating children's work rules

The child himself, who was striving for quick employment, will not bear any responsibility, nor will his parents who allowed illegal labor.
Only the employer will be held responsible in such a situation. So, if an employer does not officially register employment relations with teenagers or makes errors in this registration, a penalty may be applied to him.

Namely:

• A fine of 1,000 to 5,000 rubles – for officials;
• For individual entrepreneurs – a fine of 1,000 to 5,000 rubles or administrative suspension of activities for up to 90 days;
• For legal entities - a fine of 30,000 to 50,000 rubles or administrative suspension of activities for up to 90 days.

Such measures are prescribed in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and are punished for violations of labor and labor protection legislation.

For each individual violation of the rules of the Labor Code of the Russian Federation, punishment is provided in accordance with Art. 4.4 Code of Administrative Offenses of the Russian Federation.

Employers are often not afraid to violate the norms of the Labor Code of the Russian Federation and exploit child labor by deceiving teenagers and not paying them wages. Few of them will complain about the behavior of the company in which they worked.

Responsibility for violation of the Labor Code of the Russian Federation

In Art. 6.19 of the Code of Administrative Offenses prescribes sanctions for legal entities whose activities are characterized as creating or encouraging the exploitation of child labor. This may not only be a direct violation of the law. Indirect violation is also considered, for example:

1. Financing illegal activities.
2. Provision of vehicles or premises.

For such crimes, the violator may be fined from 1 to 5 million. In some cases, the company’s activities may be suspended for three months. If an employer is found engaging in slave labor for teenagers, he may be sentenced to up to 5 years of forced labor. In particularly severe cases, the employer may be sentenced to imprisonment for up to 10 years.

As an additional measure of influence, the violator may be subject to a ban on the right to hold a managerial position. The period of such restriction can be up to 15 years. Exploitation of child labor is a serious crime. Leaving children after school to wash the floors is not considered such a violation. This opinion of many parents is erroneous.

Employers who officially employ minors in their enterprises do not deserve to be condemned. But only respect! This is an excellent opportunity to help a teenager gain professional skills useful for the future. Young people become more responsible at an earlier age.

Legislative characteristics of the labor of minors

According to the letter of the law, issues related to the exploitation of child labor are regulated by Article 150 of the Criminal Code. In particular, it talks about the basic rules for using the labor of minors and their responsibility in a number of cases.

In practice, issues involving minors are resolved on the basis of 3 legal sources:

1. Regulations “On Education”.
2. Labor Code of the Russian Federation, articles related to the labor of minors.
3. Child's rights.

Based on these sources, a conclusion is drawn about the legality of certain measures in relation to minors. In particular, if we consider the work of a schoolchild during periods of cleaning the school grounds, we can notice the lack of legal grounds for this. In particular, the law states that any schoolchild has the right to skip repair work in classrooms or in the gardening area, if such work is not included in the educational process, such as technology lessons.

The law also regulates the fact that any work, even with the consent of a school student, must be carried out only with the written permission of the parents.

Labor restrictions

The modern labor code and other regulations provide for certain prohibitions on the use of child labor. In Art. 265 stipulates restrictions on working with heavy objects. Certain standards have been established in this area. They can only be violated by athletes whose health allows them to exceed the established standards.

Despite the fact that according to Art. 268 of the Labor Code, teenagers are allowed to be hired, there are some factors that are strictly prohibited from being violated:

1. Going on business trips.
2. Attraction on holidays and weekends.
3. Work night shifts.
4. Overtime work.

The listed restrictions do not apply to teenagers working in the media, circus, cinema and theater, as well as athletes!

In Art. 265 states that it is strictly prohibited to employ teenagers in the following types of work:

• Life-threatening and hazardous conditions;
• Part-time work;
• Shift work;
• Work in religious organizations.

Even if a manager hires a teenager in full compliance with the requirements, he must follow certain rules.

Labor duration

In Art. 92 states that for teenagers under 18 years of age, working hours must be reduced:

1. Teenagers under 16 years old – less than 24 hours a week.
2. Workers from 16 to 18 years old – maximum 35 hours.

If teenagers receive education at the same time, the listed standards are automatically halved. Along with weekly standards, the boundaries of daily working hours are established:

• Employees 14 years old – 4 hours;
• Teenagers 15 years old – no more than 5 hours;
• Workers 16 years old – maximum 7 hours.

As soon as a young employee turns 18, he can be transferred or accepted for a full shift.

Vacation

According to Art. 267 of the Labor Code, working teenagers must be granted annual leave. Its duration is 31 calendar days. You are allowed to go on vacation at any time.

It is strictly forbidden to pay compensation to young employees instead of rest. It is also prohibited to recall them from vacation!

Payment for work activities

The rules for calculating wages for teenagers are prescribed in Art. 271 Labor Code of the Russian Federation. For the reason that the total duration of a standard working day is significantly reduced. Payment is made strictly in proportion to the hours worked. Changing the payment amount downward is unacceptable. As for the increase, it is welcome to transfer an additional payment up to the full rate.

Material liability

An agreement on financial liability can be concluded from the age of 18!

Minors are not subject to such liability. We are talking exclusively about accidental harm. The rule on the absence of material liability does not apply to such factors as:

1. Intentional, planned infliction of damage.
2. Damage to property while under the influence of alcohol or drugs.
3. The damage was caused as a result of a violation of the law.

Dismissal

In Art. 269 ​​indicates that there are certain guarantees that apply when terminating the contract. If the dismissal is initiated by the employer, he must obtain official consent from the labor inspectorate. The exception is the situation related to the liquidation of the company.

Anything that does not go beyond modern legislation is not regarded as exploitation of child labor. If the employer violates the established conditions and requirements, he will bear administrative and criminal liability.

Basic legal provisions

Childhood is a special time in a person’s life. It should be about learning, playing and going out. It is impossible to get a job as a teenager under normal conditions. Only if the requirements are met.

Labor activity for teenagers is limited to certain age limits!

The reason is that hard work prevents children from getting an education. Negatively affects health. It is for this reason that the exploitation of child labor is strictly prohibited. This means that no one has the right to force a child to work. The exception is the teenager’s own desire.

According to modern Federal Law No. 124 and Art. 150 of the Criminal Code of the Russian Federation, exploitation of children, these are violations of the law such as slave labor, keeping children in bondage, involving them in prostitution!

The listed factors belong to the category of crime. And they are punished accordingly. As for ordinary work activities, the law will allow the hiring of teenagers. The main thing is to know what the reception features are. What conditions should be provided to the teenager and strictly adhere to them.

Punishment for exploitation of child labor

The exploitation of child labor is not permitted by current Russian legislation. However, this does not mean that minor citizens are strictly prohibited from working.

Thus, teenagers have the right to work for hire, but their relationships with employers are clearly regulated by specific provisions of the Labor Code of the Russian Federation (LC).

For employees under eighteen years of age, employers must provide special working conditions.

Compliance with all established requirements is strictly controlled by the state.

It should be noted that in all civilized countries the interests and rights of the child are carefully protected by national legislation. The fundamental principles of protecting children and promoting their comprehensive development are enshrined in the Convention on the Rights of the Child, adopted by the UN on November 20, 1989.

For the USSR, however, this international act came into force on September 15, 1990.

Modern Russia also adheres to the rules approved by this Convention. In domestic jurisdiction, the rights of children are directly guaranteed by the norms of the Constitution of the Russian Federation. In addition, the general rules for ensuring and observing children's rights are determined by Law No. 124-FZ of July 24, 1998.

The involvement and use of hired labor of a child is regulated by separate provisions of the Labor Code. In the school education format, the student’s work activity is carried out taking into account the requirements of Law No. 273-FZ of December 29, 2012, regulating education.

In the Russian Federation, as is known, there is a general ban on any manifestations of forced labor, which is stipulated in Article 4 of the Labor Code.

The same norm does not allow forcible influence on a person for the purpose of forcing him to do any work. Thus, a person - both a child and an adult citizen - cannot be forced to work.

Article 1 of Law No. 124-FZ of July 24, 1998 provides a clear definition of the exploitation of minors (persons under the age of majority).

Thus, exploitation is considered to be the servitude of a minor, his slave labor. This category also includes various forms of sexual use of minors, their unlawful adoption (if the adoptive parent has selfish motives). A minor citizen is protected from exploitation by the following provisions of the legislation of the Russian Federation:

• Article 37 of the Constitution of the Russian Federation declares the principle of safety, remuneration and freedom of labor. The same norm prohibits forcing any person to work. At the same time, Article 38 of the Constitution of the Russian Federation guarantees state protection of childhood and motherhood, and care for a minor and his upbringing are the responsibilities of parents.
• Article 14.2 of Law No. 124-FZ of July 24, 1998 stipulates that authorities at all levels must counteract the exploitation (including forced labor) and sale and purchase of minors. Paragraphs 4-6 of this article provide for holding individuals and legal entities accountable for these unlawful acts (civil, criminal, disciplinary).

Part 4 of Article 34 of Law No. 273-FZ of December 29, 2012 prohibits the involvement of a schoolchild in work not provided for in the education program unless his parents (other legal representatives) give their consent to this.

Parents who have not provided such permission have the right to complain to the prosecutor's office if their son (daughter) is still involved in unauthorized labor by school employees. There is criminal liability for sexual exploitation of a minor in the Russian Federation:

1. involving a minor in prostitution is punishable by 3-8 years in prison (Part 3 of Article 240 of the Criminal Code);
2. the use of minors in the porn industry is punishable by imprisonment for 2-15 years (Articles 242.1-242.2 of the Criminal Code).
3. Child trafficking is punishable by 3-10 years in prison. This is provided for in paragraph “b” of part 2 of article 127.1 of the Criminal Code of the Russian Federation (CC);

Article 63 of the Labor Code provides for the possibility of employing a minor individual. Thus, when hiring a child, the employer must take into account the following restrictions:

• If a person is not yet 14 years old, he can be involved in work in the theater, cinematography, circus, and concert field. This is possible if the guardianship authority has authorized it and the parent or guardian has given their consent.
• A citizen who has reached the age of sixteen can get a job. In other words, 16 years is the minimum age for an employee to sign an employment contract. However, certain types of activities (sale of cigarettes and alcohol, night bars, gambling, underground work, hazardous conditions) will not be available to a minor worker.
• An employee who is already 15 years old has the right to perform simple work if this does not harm his health and does not interfere with receiving general education. This opportunity is provided to children who have received this education or are still continuing to receive it.
• If a person who has already received general education or is still receiving it has reached the age of fourteen, he can also engage in light labor without harm to his health. In this case, one of his parents (or, alternatively, a guardian) must provide his written permission for such work. In addition, written consent from the guardianship service will be required. The work activity of a fourteen-year-old worker should not interfere with his studies.

If the employee is under 18 years of age, his work activity is carried out taking into account the requirements of Chapter 42 of the Labor Code:

• An employer may initiate the dismissal of a minor employee on a general basis if the commission for minors and the labor inspectorate agree with this (Article 269 of the Labor Code).
• Working hours for working children have a reduced duration, which is implied by Article 270 of the Labor Code.
• A minor worker should not be sent on business trips or engaged in night or overtime work.
  In addition, he is not allowed to work on holidays (weekends). This limitation is stipulated by Article 268 of the Labor Code.
• Article 266 of the Labor Code prescribes a mandatory medical examination of a minor.
  It is carried out both immediately before the child’s employment and annually.
• Article 265 of the Labor Code specifies types of activities that cannot be performed by a child.
• Annual leave for a working child is 31 calendar days. This leave is paid (Article 267 of the Labor Code).
• The child’s work is paid taking into account the reduced time of his work if a time-based payment system is used.
  If the work is performed on a piece-rate basis, his work is paid at the current piece-rate rates. The employer has the right to pay extra to a minor employee using his own funds (Article 271 of the Labor Code).

In the Russian Federation, minor citizens with disabilities can also work legally.

Involving disabled children in performing acceptable work makes it possible to prepare them for independent life and ensure their social adaptation.

Occupational therapy is an important element of the educational process in special schools designed for the education and socialization of disabled children. The education of minors with disabilities is regulated by Article 19 of Law No. 181-FZ of November 24, 1995, which regulates the social protection of people with disabilities. Discrimination against people on the basis of disability is not permitted, as stipulated in Article 3.1 of Law No. 181-FZ.

Responsibility for the exploitation of child labor is regulated by the following legal norms:

• Article 6.19 of the Code of Administrative Offenses of the Russian Federation stipulates the responsibility of a legal entity for creating conditions that ensure the exploitation of children or the purchase and sale of minors. This may be expressed in financing, logistics, household or service support for such activities. The amount of the fine is at least 1 million rubles, maximum 5 million rubles. Alternatively, the activities of such a legal entity may be suspended for a maximum of 90 days.
• Paragraph “b” of Part 2 of Article 127.2 of the Criminal Code defines criminal punishment for the exploitation of child slave labor. This may result in forced labor (maximum 5 years) or imprisonment (3-10 years). In this case, a criminal (convict) may be prohibited from holding a specific position or conducting a specific activity (the duration of such a ban is no more than 15 years).
• Article 5.27 of the Code of Administrative Offenses of the Russian Federation regulates fines and other sanctions for non-compliance with labor legislation. Officials, individual entrepreneurs, and legal entities may be liable under this article. The minimum amount of such a fine is 1000 rubles. The maximum possible fine is 200,000 rubles.

Data from international statistical studies indicate that the exploitation of minors is becoming widespread in third world countries (Africa, Asia, and Latin America).

This becomes a problem leading to a deterioration in the physical and moral condition of the child. This applies not only to punishments for relevant offenses.

It is necessary to carry out educational and explanatory work in educational institutions, to promote the comprehensive development of minors.

Responsibility also rests with parents, who are obliged to support and raise their own children. ★ ★ ★If you have any questions, you can ask them free of charge to the company’s lawyers in the form presented below. An answer from a competent specialist will help you make the right decision.

Attracting children with disabilities to work

In the Russian Federation, minor citizens with disabilities can also work legally. Involving disabled children in performing acceptable work makes it possible to prepare them for independent life and ensure their social adaptation. Occupational therapy is an important element of the educational process in special schools designed for the education and socialization of disabled children.

The education of minors with disabilities is regulated by Article 19 of Law No. 181-FZ of November 24, 1995, which regulates the social protection of people with disabilities. Discrimination against people on the basis of disability is not permitted, as stipulated in Article 3.1 of Law No. 181-FZ.

General information about the bill

The exploitation of child labor is becoming more common every year. Articles 32-36 of the Convention on the Rights of the Child establish the responsibility of the state in protecting the rights of minors from illegal forced labor. The document, which contains three parts, was adopted on September 2, 1990. The convention was finally formed several years ago.

Article 32 exempts children from any work that may have a detrimental effect on their health or become an obstacle to their education. According to it, a minimum age for employment is established.

In the summer of 1999, a new Convention on the Rights of the Child was adopted. It contained articles about the worst forms of child labor exploitation. It focuses on the abolition of slavery, forced child participation in armed conflicts, prostitution and drug trafficking. Countries that have ratified the Convention on the Rights of the Child must protect minors from exploitation.

Illegal exploitation of child labor occurs throughout the world. Article 127.1 of the Criminal Code of the Russian Federation provides punishment for kidnapping a person and forcing him to work. However, there is no separate bill in the Criminal Code that would address the exploitation of child labor. However, the government plans to amend it in the near future.

Many bills have been created to resolve the problems associated with the exploitation of child labor. Article of the Russian Federation Labor Code contains information that a minor can voluntarily get a job if this does not constitute an obstacle to obtaining an education. In this case, written permission from the parents will also be required. A minor must work in good conditions. He is also entitled to reduced working hours, benefits and holidays. However, it is impossible to get a job before reaching 15 years of age. This is prohibited by the Labor Code of the Russian Federation.

Sources

1. Ruska Pravda / Absent. - M.: Strelbitsky Multimedia Publishing House, 2015. - 672 p.
2. Shevchuk, Denis Audit / Denis Shevchuk. - M.: AUTHOR, 1992. - 333 p.
3. Puzakov, S. Ya. Personnel Directory, in 2 volumes. T. 1 / S.Ya. Puzakov. - M.: Prometheus, 2022. - 973 p.
4. Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation.” Text with changes and additions for 2022 / Not available. — Moscow: Mechanical Engineering, 2017. — 178 p.
5. Pozdnyakov, Mikhail Abstract explanations as a tool for managing justice. Using the example of arbitration courts: monograph. / Mikhail Pozdnyakov. - M.: Publishing solutions, 2009. - 502 p.

Story

Official reports from the International Labor Organization (ILO) show that more than a quarter of a billion children are forced into labor in developing countries. Unofficial figures are much higher. The largest number of child workers is registered in Asia (more than 150 million), where global industry is concentrated. In Africa the number is closer to 100 million. In Latin America, the number of working minors reaches 18 million. The problem is not only the fact of work itself, but also the conditions, which rarely meet international requirements.

International organizations equate child labor with exploitation. The main official positions are set out in the Convention on the Rights of the Child. The document guarantees protection against coercion to work that poses a danger to physical and mental health. Work should not interfere with education and prevent comprehensive development.

The International Labor Organization (ILO) was founded in 1919, one of its main provisions concerned the elimination of child exploitation. Achieving this goal was based on the adoption of norms and rules of professional activity, which had to be strictly observed. The documents prescribed the minimum age at which a person could begin to perform certain duties. Violation of laws by employers was punishable up to and including criminal liability. The minimum age for entry into work was linked to the time of completion of compulsory schooling. In 1973, provisions were spelled out in Convention 138 that formalized this position. The list of documents regulating labor rules has expanded significantly since 1973. In 1999, Convention 182 brought together the opinions of all countries. The participants documented the position on the elimination of child exploitation and called for unidirectional activities of all members of the organization.

The idea of ​​introducing a day dedicated to the fight against child exploitation first appeared in 1997. This year there was a conference in Oslo where the worst forms of child abuse were discussed. However, this became a reality in 2002, when the Day Against Child Labor was held under the auspices of the ILO. On this day, public and private organizations emphasize the importance of protecting children from exploitation.