Presently of the market relations young people seek as soon as possible to begin to earn features of work of teenagers of
to stop being financially dependent on parents. Therefore it is no wonder that work of teenagers in various organizations became the ordinary phenomenon. Nevertheless work of this category of workers has the features. Also it will be told about such nuances in the offered material.we Will begin
with a legislative basis of employment of teenagers. In? the first, it is separate provisions of the Labour code of the Russian Federation (further - the Labor Code of the Russian Federation), in particular hl. 42. In? the second, “The provision on an order and conditions of voluntary work of pupils of comprehensive and vocational school in non-study time“ of June 3, 1988 (further - Situation) which is applied only in the part which is not contradicting the Labor Code of the Russian Federation now belongs here.
According to the item. 1 Situation with the consent of one of parents or the person replacing it, pupils of comprehensive schools, it is professional - the technical and average special educational institutions which reached 14 - summer age, it is possible to employ for performance in non-study time of the easy work which is not doing harm to their health and normal development.This situation is enshrined by
in Art. 63 of the Labor Code of the Russian Federation. To sign the employment contract it is admissible with 16 - summer age. In cases of receiving the main general education or leaving according to the federal law of educational institution also the person which reached 15 years has the right to sign the employment contract. Art. 63 Labor Codes of the Russian Federation also define that with the consent of one of parents (the trustee, the trustee) or body of guardianship and guardianship the execution of an employment agreement with the persons which did not reach 14 years for work in the organizations of cinematography, theaters, the theatrical and concert organizations, circuses for participation in creation and (or) execution of works without damage to health and moral development of such persons is admissible.the following documents have to be provided to
At registration for work: the personal statement which contains a consent to implementation of work by the child of one of parents or the person replacing it; the reference from the residence; birth certificate or passport; the reference from medical institution of a state of health. Besides, it is necessary to consider that according to Art. 266 of the Labor Code of the Russian Federation of persons aged till 18 years employ only after preliminary medical examination at the expense of the employer. Employment has to be issued by the contract in writing in which it is necessary to state fully the mutual obligations of the parties including provided by Art. 21 and 22 of the Labor Code of the Russian Federation.the Educational institution in coordination with local bodies for work and social problems independently determines by
professions, types of works and workplaces on which the employer plans to use work of teenagers. At the conclusion of the contract the administration of the organization is obliged to acquaint young employees with kind of work, working conditions, to explain their rights and duties, to inform of employment policies and procedures, to instruct in detail according to safety measures, production sanitation and other rules on labor protection.the Labour relations with minor workers can be stopped by
in cases, the provided Labor Codes of the Russian Federation (Art. 77-84). Besides, pupils have the right to independently dissolve the contract, having warned about it administration of the organization in writing three days before cancellation (item 9 of Situation). Work of the pupil also stops if there is a written statement of one of parents or the replacing his face or on the basis of the medical certificate about a state of health interfering further work. At termination of the contract the employer is obliged to issue to the pupil the certificate of work with the indication of a profession (specialty), qualification, a position and operating time.Service records on pupils do not get
. Record in them about operating time is brought in the organization where in the further ambassador of the termination of educational institution the pupil will be accepted. On the teenagers who signed constant employment contracts, service records make out in a generally established order.Work of pupils can consider
as obligatory annual practice with the following provisions: for pupils 8-9? x classes - if duration of annual labor practice is not less time determined by the curriculum of comprehensive school; for pupils 10? go a class of comprehensive schools, it is professional - technical and average special educational institutions - under a condition sootvetst - the Viy of content of a job to a profile of the profession got in educational institution. Within academic year duration of weekly and daily working hours of pupils cannot exceed: for pupils at the age of 16-18 years - 18 hours a week and 3,5 hours a day; for pupils of 14-16 years - 12 hours a week and 2,5 hours a day. Duration of working hours during vacation, and also for the persons which ended (left) training in educational institutions according to Art. 92 and 94 of the Labor Code of the Russian Federation and item 12 of Situation makes: for pupils at the age of 16-18 years - 36 hours a week and 7 hours a day; for pupils of 14-16 years - 24 hours a week and 5 hours a day.forbids to use
According to the current legislation work of minors at works with harmful and dangerous working conditions. Teenagers cannot be involved in works at night, on the weekend, and also in works over the working hours caused by the employment contract. According to Art. 265 of the Labor Code of the Russian Federation it is forbidden to apply work of persons aged till 18 years at underground works, at works which performance can do harm to their health and moral development (a gaming, work in night cabarets and clubs, production, transportation and trade in alcoholic drinks, tobacco products, narcotic and toxic preparations). Also carrying and movement by teenagers of the weights exceeding the limit rates established for them are forbidden. The list of a hard work and works with harmful or dangerous working conditions when which performing it is forbidden to apply work of persons aged till 18 years, is approved by the Resolution of the Government of the Russian Federation of February 25, 2000 No. 163, and norms of maximum permissible loadings - the Resolution of Ministry of Labor of Russia of April 7, 1999 No. 7. Work of teenagers can be also organized on the terms of a part-time working week or on flexible hours, and also at home with possible breaks in days of intense occupations.
Compensation of the teenagers employed in non-study time is made in proportion to hours worked or depending on development. At application of an hourly form of compensation earnings are defined as follows: by multiplication of an hour rate of compensation by the number of actually fulfilled hours. Compensation of persons from among the teenagers who signed constant employment contracts occurs on the basis of the forms taken in the organization and systems of compensation. At the same time at time wage of work the salary to workers aged till 18 years is paid taking into account the reduced period of operation. Work of workers aged till 18 years allowed to pieceworks is paid for the established price-work quotations. Rates of compensation and performance standard are approved by the employer taking into account opinion of trade-union body, or they are established in the collective agreement. Payment of the earned means should be carried out monthly in the time established by agreement of the parties or the internal labor schedule (collective agreement).
Along with compensation subgrowth - k to employers are assigned by obligations for granting all complex of the privileges provided by the labor legislation, guarantees and compensations to them. According to St. 267 Labor Codes of the Russian Federation of the person aged till 18 years have the right for annual vacation lasting 31 calendar day. The leave allowance is made in proportion to the worked time in this working year: calculated on the basis of the number of the days of holiday having for every month of work by rules of calculation of average earnings. These rules are recorded in Art. 139 of the Labor Code of the Russian Federation and in “The provision on features of an order of calculation of an average salary“ of April 11, 2003 No. 213.
If pupils in the course of work mastered knowledge and abilities by this profession or specialty according to qualification characteristics, then the initial qualification category can be appropriated to them.
Thus before employing minor young people, the employer has to get acquainted with features of their employment and work. Obtaining such information will not prevent both teenagers, and their parents. We believe that our explanations will help them with it.