Federal Law No. 139-FZ dated July 1, 2017 expanded the opportunities for employers to hire minors. Before this, it was possible to conclude an employment contract with a teenager only during free time from study, and the rules for the employment of those who completed their studies or were expelled were not established by law at all.
Now, in fact, even children under 14 years old can be hired, but subject to a number of conditions and restrictions. The age at which it is permissible to conclude an employment contract is introduced by Art. 63 Labor Code of the Russian Federation.
| Age of the minor | Conditions for concluding an employment contract |
| Up to 14 years old |
|
| 14 years old, completed general education or studies ongoing |
|
| 15 years |
|
As can be seen from the table above, the key characteristics of the work for which minors are accepted by law: the work should not be detrimental to health and moral development, it should be easy. The list of works to which minors cannot be allowed is given in detail in Decree of the Government of the Russian Federation dated February 25, 2000 No. 163. In total there are more than 2000 such works, all of them are in one way or another connected with harmful and dangerous conditions.
Part 5 art. 282 of the Labor Code of the Russian Federation establishes restrictions on part-time work for people under 18 years of age.
Working hours for workers under 18 years of age
If you decide to hire minors, it is important to consider not only the length of the working week for them, but also the length of the working day.
- Length of working week
Unlike most regular employees, for whom the working week is 40 hours, minors are subject to the reduced working hours rule. Moreover, the time is reduced depending on age and other circumstances - in particular, the fact of training is taken into account.
So, for example, for workers under 16 years of age, the working week is no more than 24 hours, and for workers from 16 to 18 years old it is extended by 11 hours, that is, it does not exceed 35 hours (Article 92 of the Labor Code of the Russian Federation).
If, subject to the training of minors and work in their free time during the academic year, the duration of work cannot exceed half of the established norms, namely:
- 12 hours a week if the young man or girl is under 16 years of age;
- 17.5 hours if the minor is between 16 and 18 years old.
In this case, the employer has the right to request a certificate from the educational institution, which confirms the fact of receipt of education.
During the holidays, minor workers who continue their studies can work the entire shortened working week - 24 or 35 hours, respectively.
- Working hours
There are also strict restrictions on the length of the working day established by Art. 94 Labor Code of the Russian Federation:
- teenagers aged 14-15 years work 4 hours;
- teenagers aged 15-16 years - 5 hours;
- young people and girls aged 16-18 years - 7 hours.
If a minor combines studies in general education programs or secondary vocational education programs with work in his free time during the academic year, then the duration of the work shift should not exceed:
- 2.5 hours - if minors are 14-16 years old;
- 4 hours - if minors are 16-18 years old.
Please note that Art. 268 of the Labor Code of the Russian Federation prohibits employers from:
- Send minors on business trips;
- Involve teenagers under 18 years of age in overtime work;
- Give them work at night, on weekends and non-working holidays.
The employer does not have the right to establish a probationary period for a minor employee (Part 4 of Article 70 of the Labor Code of the Russian Federation). He is also prohibited from entrusting this category of employee with performing work under conditions of full individual or collective (team) financial responsibility (Article 244 of the Labor Code of the Russian Federation).
The only exceptions in these cases are the creative spheres: media, cinema, filming, theater and concert activities, circus.
