Features of labour activities by minors

Extracts for legal literacy News

Summer work for teens is a great way to assert themselves and a great opportunity to gain new experiences. But it can be only if all the requirements of the current labour legislation are met during employment.

Thus, on the territory of the DPR, special rules of employment are provided, taking into account the status of workers under 18 years of age, and ensuring safe working conditions for them. As a general rule, only persons who have reached the age of 16 are allowed to be hired.

As an exception to the general rule, with the consent of one of the parents or persons replacing them (guardians), it is allowed to hire persons who have reached the age of 15.

In addition, in their free time, citizens who have reached the age of 14, with the consent of one of the parents or a person replacing them, it is allowed to hire students of general education schools, vocational and secondary special educational institutions to perform light work that does not cause harm to health and does not interfere with the learning process (Article 188 Labour Code).

All persons under the age of eighteen are hired only after a preliminary medical examination and subsequently, until reaching the age of 21, are annually subject to a mandatory medical examination (Article 191 of the Labour Code).

It is worth noting that not every job is suitable for a minor. It is prohibited to use the labour of persons under eighteen years of age in heavy work and in work with harmful or dangerous working conditions, as well as in underground work.

A teenager cannot be sent on a business trip. It is also forbidden to involve persons under eighteen years of age in lifting and moving things, the mass of which exceeds the maximum norms established for them (Article 190 of the Labour Code).

The law also prohibits the use of workers under the age of eighteen for night, overtime, and weekend work. Thus, neither the consent of the employee, nor any other conditions can be the basis for attracting minors to night and overtime work and work on weekends. Night work refers to work carried out from 10 pm to 6 am local time. The prohibition of engaging in overtime work does not apply to work performed at the end of working hours due to irregular working hours, since such work is not classified as overtime (Article 192 of the Labour Code).

In accordance with Article 26 of the Labour Code, the employer does not have the right to establish a probationary period for a minor, and he/she can only be dismissed at his/her own request or upon liquidation of the organization.

Reduced working hours are established for employees aged 16 to 18 years – 36 hours a week, for persons aged 15 to 16 years (students aged 14 to 15 years working during vacations) – 24 hours a week (Article 51 of the Labour Code).

Annual leave for employees under the age of eighteen is provided at a convenient time for them. Annual leave for employees under the age of eighteen years of full duration in the first year of work is provided at their request before the onset of a six-month period of continuous work at this enterprise, institution, organization (Article 195 of the Labour Code).

Wages for employees under eighteen years of age with a reduced duration of daily work are paid in the same amount as employees of the relevant categories for the full duration of daily work. Remuneration for the work of students of general education schools, vocational and secondary special educational institutions, working in their free time, is made in proportion to the time worked or depending on the output. Enterprises can establish additional payments to wages for students (Article 194 of the Labour Code).

In addition, according to Chapter 14 of the Labour Code, employees undergoing industrial training or training in educational institutions on the job, the owner or authorized body must create the necessary conditions for combining work with study (provide special leaves, other benefits).