The procedure for dismissing persons under 18 years of age. What are the features of the dismissal of minors in accordance with labor law? Dismissal of a minor employee at the initiative of the employer

Dismissal of a minor on their own a fairly common procedure in modern world... Persons under the age of 18 are a special category of workers with characteristic psychological and physiological characteristics. Therefore, labor legislation provides for them with appropriate guarantees and restrictions. The Government of the Russian Federation has determined a fairly wide range of types of employment in which the employment of minors is prohibited, including at the request of the employee himself. In addition, the Labor Code prohibits the involvement of such persons in shift work, they cannot work part-time and in positions with full financial responsibility, as well as in religious organizations. The procedure for dismissing a minor is also not devoid of specificity.

An employment contract with a minor employee can be terminated on general grounds provided for in article 77 of the Labor Code. Most often this is the initiative of either the employee or the employer. The procedure for dismissing a person under the age of 18 is the same as for other employees.

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Mandatory actions upon dismissal of a minor employee

There are a number of points that must be taken into account, but only when a minor is dismissed at the initiative of the employer. When dismissing such an employee, the head of the enterprise must obtain the written consent of two organizations at once: the Territorial Labor Inspectorate and the Commission for Minors. An exception is the situation when the company is liquidated or the individual entrepreneur ceases to operate. Once such consent is obtained, the employee is dismissed in the traditional manner. Otherwise, termination of the employment contract will be considered illegal. It is worth noting that consent must be obtained strictly from two institutions, if one of them is against, then the dismissal will also be illegal. If the child wants to resign himself personally, then there is no need for additional approvals. Earlier, however, the manager, having learned about the minor's desire to quit, had to notify the commission on minors' affairs, whose task, in turn, was to find out why the employee wants to quit, to find out if the employer had a negative impact on him. In a situation where an elected trade union body operates at the enterprise, the rules prescribe the dismissal of a minor employee only taking into account his opinion.

The procedure for dismissing a minor employee of his own free will

Drawing up a statement

The process of dismissing a minor of his own free will begins with an application. It is filed in accordance with the labor code at least 14 days before the expected date of dismissal. 14 days is the maximum period for which a person who wishes to quit is obliged to notify the company's management. The young worker must work out this term in the usual way. If the employee's application is due to the inability to continue working, for example, due to the need for training, or the employer has violated labor laws, local legal acts or an employment contract, then the latter must be terminated by the date indicated by the minor employee in the application. ... This means that the dismissal will follow without the so-called working off. In the event that a person is concluded fixed-term contract, the employee will also be dismissed without work due to the termination of the document. In this case, the employer must notify the young employee in writing at least three days before the end of the contract.

An employee under the age of 18 has the right to write an application for leave with subsequent dismissal. It is also an alternative way of dismissing a minor of his own free will without working, but requiring the consent of the employer. The main thing to remember is that if a minor employee changes his mind about quitting, then he has the right to withdraw the application only before the start of the vacation. While with a regular dismissal, a person, if he so wishes, has the right to change his mind within 2 weeks, until the end of the last working day. If the employee changes his mind about leaving and withdrew the application, then the matter does not go further, the dismissal does not take place, and he continues to work at the enterprise further.

Issue of an order

An order is issued on the dismissal of a minor. A resigning employee must be familiarized with him under a personal signature, or the order bears a mark that it is impossible to get acquainted for any reason.

Final settlement

Happy ending labor contract, concluded with a minor, is considered the last day of his actual work at the enterprise. On this day, the employee must be paid the final payment, which consists of remuneration for hours worked, vacation compensation in proportion to unused days, disability benefits and other payments. When calculating compensation for unused rest days, it is important to remember that the duration of the leave for minors is Art. 267 of the Labor Code of the Russian Federation is provided for in the amount of 31 days.

Delivery of documents

On the day of dismissal, a minor must be issued a work book, as well as duly certified documents related to work in the organization, if they have been declared to be provided. IN work book and a personal card on the dismissal of a minor, a corresponding entry is made, containing full information on the grounds for terminating the contract with a minor, in strict accordance with the article of the Labor Code. In the event that it is not possible to hand over the documents to the resigning person in person, the employer is obliged to send the employee a written notice of the need to receive them or to approve their sending by mail. This will allow you to relieve yourself of responsibility for the untimely issuance of a work book.

At the legislative level, it is stipulated that an employment contract can be concluded with a teenager who has reached the age of 14. For this, a number of conditions must be met, including the proposed work should not be hard and harmful, including for the child's psyche. Dismissal of a minor of his own free will regulates Art. 80 of the Labor Code of the Russian Federation... Each of the parties is obliged to comply with the labor laws.

General procedure for dismissal

If the initiative comes from the employee, then the termination labor relations with a minor is carried out according to the standard procedure:

the teenager draws up and submits to the employer an application for termination of the employment contract. This must be done 2 weeks before the planned termination of cooperation. The term can be reduced by personal agreement with the director of the organization, fixed in writing, or depending on the type of employment contract. The employee can submit the application personally to an authorized person or send it by mail using registered letter with notification;

It's important to know! Sending an application in electronic form is only allowed if the teenager has a certified digital signature.

after familiarization with the document, the director of the organization must issue an appropriate order in the form of T-8, with which the teenager must be familiarized with the signature. It should be noted that this form has not been mandatory since 2013, which allows the organization to develop its own form;
the person in charge is obliged to calculate the amount due to the employee and prepare all the necessary documents.

On the last working day, a person is given everything cash and a work book with an entry on the termination of cooperation, as well as other documents provided upon written request. The teenager must confirm the fact of receipt of all documents and payments by placing a signature in the relevant accounting journals.

Statement

The application is drawn up in free form, since there is no single unified sample for it.

It's important to know! If the organization has developed its own document form, then the employee can get it in the personnel department. In the opposite case, the responsible person may not accept the application due to non-conformity with the model in force in the organization.

The application must be drawn up on A4 sheet in printed or handwritten form. In the second case, a black or blue ink pen is required. The document must contain information:

about the name of the organization;
about the position and name of the manager and the person submitting the application;
to request the termination of the employment agreement. Here, the teenager must indicate the desired date of dismissal, which is put without the preposition "c", for example, "... dismiss June 23, 2020 ...". Otherwise, disputes may arise regarding last day human work.

At the end of the document should be the date of its compilation and the signature of the teenager. It is recommended to draw up the application in two copies. If the employee submits the document himself, it is recommended to ask the responsible person to put a mark on the second copy indicating the date of acceptance of the application and the number assigned to it.

From the next day after the registration of the document, the countdown of a two-week working off begins, during which a person must fully fulfill his official obligations. The term of work can be reduced by agreement with the employer, and also depending on the type of contract, for example, in case of urgent work, it is 3 days.

It's important to know! If the employee wants to quit on the day of filing the document, then in the application itself it is required to reflect the request for dismissal without working off with an indication of the good reason provided for by the current legislation, which will be documented.

Until the very last day, the employee retains the right to withdraw the application. To do this, it is required to send another statement to the head of the organization requesting the cancellation of the previous one. Exceptions are situations when another person has already been found in the place of an employee or a teenager has used the right to rest with subsequent dismissal. In the second situation, a recall is impossible if the person is already on vacation.

Labor enrollment

On the basis of the order issued by the employer, on the day of termination of cooperation, an entry is made in the labor. It must reflect the reason for the employee's departure, specified in the order, with a reference to the corresponding article of the Labor Code (Article 80 of the Labor Code of the Russian Federation - at the initiative of the employee). After that, the person in charge must sign and seal the organization. Next, the book is transferred to the employee, who, after examining the entered data, puts his signature. Also, a person must sign for the work record book.

Payouts

Together with the working day, the teenager is given the required cash payments, including:

salary for the period that was actually worked;
compensation for vacation, from which the person refused or did not have time to take advantage;
sick leave compensation;
other payments stipulated by the collective agreement, regulations company or applicable law.

Sample of filling out a payroll - front side
Sample of filling out a payroll - back side

If there is a disagreement on the amount due payments, then the manager must transfer the part to the employee that is not subject to dispute. The second part is issued only after negotiations between the parties or by a court decision.

It's important to know! If a teenager was previously granted leave in advance, then the amount for it can be deducted from wages.

The dismissal of a minor on his initiative is carried out in the usual manner. A teenager should take a responsible attitude to the process of drawing up an application, since if there are errors, blots or inaccurate information, it is invalidated. If the rights of a minor have been violated, then you should contact the regulatory authorities or court information. In the latter case, it is required to comply with the statute of limitations, which is 3 months from the date of violation of the employee's rights.

The Labor Code of the Russian Federation distinguishes minors in a separate category, which are provided with certain guarantees and benefits, including upon dismissal, although not for all reasons. Is it possible to fire a minor of his own free will? Do you need additional procedures for this, in addition to those established for general cases?

Dismissal of minors: guarantees of the Labor Code of the Russian Federation

A minor employee can be dismissed on all grounds provided for by the Labor Code of the Russian Federation. When using some of them, the employer must request permission from the state labor inspectorate and the juvenile committee. For what reasons it should be done, and for what it is possible to do without it, you can see in the table below.

Grounds for dismissal	Procedure for	GIT permission	Permission from the juvenile committee
Agreement of the parties	Regular	Not required	Not required
Own wish	Regular	Not required	Not required
Downsizing	Regular	You need to get consent	You need to get consent
Liquidation of an enterprise	Regular	Not required	Not required
Dismissal by negative motives(absenteeism, alcoholic intoxication loss of trust, etc.)	Regular	You need to get consent	You need to get consent
Expiration of the term of the employment contract	Regular	Not required	Not required
Providing forged documents	Regular	You need to get consent	You need to get consent
Prohibition to hold this position for medical reasons	Regular	Not required	Not required

From the table above, it can be seen that the employer is obliged to obtain permission to terminate the employment contract with an employee under the age of 18, only if he does this on his own initiative (with the exception of liquidation of the company). Such a requirement is put forward by Article 269 of the Labor Code of the Russian Federation.

Otherwise, the employer must only adhere to the procedure established by article 84.1 of the Labor Code and governing general order termination of employment.

General procedure for dismissal of a minor employee at his own request

As mentioned above, when a minor employee is dismissed, at his request, the usual procedure is applied, which does not require any additional action.

Employer warning

Upon dismissal of his own free will, the employee must notify the administration of the enterprise about his desire in the following terms:

14 days before the planned date of dismissal.
In fewer days, but only if agreed with the employer.
Quit on the day of application, if available good reason, for example, enrollment in an educational institution.

The timing of the employer's warning is regulated by article 80 of the Labor Code of the Russian Federation.

In this case, the employer may make the following common mistake: if the employee submitted an application with a request to fire him earlier than 14 days later, and the employer does not agree with this, he put a resolution on working off on the document. It is not right, since in the Labor Code of the Russian Federation there is no such thing as the detention of an employee for working off... And the following situation may arise:

The employee brings the employer on March 1, a statement asking him to fire him on March 5.
The employer writes a resolution on the application: "dismiss with working off on March 15" and sends it to the personnel department.
After the employee is fired, he goes and complains that he was unlawfully fired. And he will be right, because in the statement he clearly asked to fire him on March 5, not March 15.

What should be the employer's response in this case in order not to get into the above situation? He must put a resolution on the application: "no less than 14 days in advance, according to the law" and return it to the employee, who will have to rewrite the application.

Writing a statement

The letter of resignation is written in free form. It should contain the following data:

Full name and position of the head of the company.
Name and position of the employee applying.
Request for dismissal at the request of the employee.
Desired date of dismissal.
Date of writing and signature of the employee.

If the employee asks to fire him on the day of filing the application, then he must indicate the reason and attach a document confirming his words.

The application can be written by hand or typed on a computer, but it must be signed by the employee's hand.

The application can be taken to the manager in person or sent by mail.

If the employee is not sure of the integrity of the employer, he needs to draw up a statement in two copies, one of which should be kept for himself and the date on which the second copy was received by the manager should be put on it.

Registration of the order

The order is usually drawn up on the day of dismissal, since the employee has the opportunity to withdraw his application.

For a dismissal order, most often everyone uses the unified form T-8 or T-8a (if several employees are fired at once). Its use is not necessary, the employer can develop his own form, but T-8 is very convenient to use, since it provides columns for all the necessary information that must be reflected in the order upon dismissal:

Name, position and department in which the dismissed employee worked.
The date of dismissal, and the details of the employment contract, which is terminated by this order.
The basis for the issuance of the order, in this case it is the statement of the dismissed.
The basis for the termination of labor relations, that is, an article of the Labor Code of the Russian Federation, according to which an employee is dismissed.
A place to familiarize the employee with the order of dismissal.

Form T-61 is attached to the order, which indicates how much the employee has left unused days rest, or vice versa - used in advance.

Registration of a work book

Based on the completed and signed order, a record of dismissal is made in the employee's work book.

The procedure for filling out a work book:

Putting down the serial number of the record, the date of dismissal, the grounds for dismissal (article of the Labor Code of the Russian Federation) and the details of the order.
Affixing the data of the official who filled in the labor and his signature.
Certification of records with a seal. Currently, this props is not required if entity works without printing.

Everyone already knows that Article 77 of the Labor Code of the Russian Federation is included in the work book as a basis, and not 80, which describes in detail the procedure for dismissal at the request of the employee. But many simply put the clause and number of the article (clause 3 of Article 77 of the Labor Code of the Russian Federation), while the above set of laws requires that part of the article be included in the labor code. Accordingly, the entry should look as follows: “dismissed under paragraph 3 of part 1 of article 77”. (magazine "Kadrovik. Labor law for a personnel officer", No. 4, 2007, L. Frantsuzova, lawyer).

Payments to a minor employee upon dismissal of his own free will

Upon dismissal, a minor employee is entitled to the following payments:

Payment type	Payout amount	Payment term
Salary for the work performed	According to the employment contract and the amount of time worked in the month of dismissal	On the day of dismissal
Compensation for unused vacation	Based on the number of unused days of paid vacation	On the day of dismissal
Other payments provided for by the Labor Code of the Russian Federation and local regulations of the employer (reduction benefits, material assistance, etc.)	In the amount of average monthly earnings or in the amount established by the employer's HA	Within the terms provided by law.

Also, certain funds can be withheld from the employee:

Cash for the vacation in advance ().
Retention of the value of the values and materials entrusted to him ().

However, it must be remembered that there are also restrictions on the deduction of money from the employee's salary, which are regulated by Article 138 of the Labor Code of the Russian Federation.

Dismissal of a person under the age of 18, when he writes an application of his own free will, is carried out in the usual manner. Coordination with the labor inspectorate and the juvenile affairs committee is not required in this case. The employee simply submits an application within the time limit established by law and the employment contract with him is terminated by issuing an order. Then he is given a work book and all payments due.

In Russia, with some restrictions. Most often, adolescents are given seasonal work for the vacation period. The state supports this desire to work, creating conditions for this.

But you can work from the age of 16 and in compliance with a number of requirements: written parental consent, suitable health and basic secondary education (Article 63 of the Labor Code of the Russian Federation).

Table of contents:

The company providing the job must provide all the conditions for the young worker: not allow him to engage in hazardous activities, work that undermines morale, physically unfit work, etc.

You can get a job from the age of 14, but on a part-time basis. At the same time, work should in no way interfere with learning. And a work permit must be obtained from both parents and guardianship.

The employment relationship is terminated as with adult employees, but with several peculiarities.

Consider how to fire a minor employee.

Dismissal - general procedure and features

As with adult workers, dismissal of adolescents is formalized in the form of an order. It must be signed by the employee.

The day of dismissal is the last day on which an employee fulfills his duties. On this day, he should receive:

calculation;
work book with an entry;
information about;
certificate of salary for 2 last years and some other documents at the written request of the employee himself.

Firing a minor employee is not easy. This requires the written consent of the following organizations:

labor inspection.

note

Data authorization is required in cases where the decision to terminate the dismissal is made by the employer.

However, the referenced article highlights the exceptions. So, in the event of the closure of the individual entrepreneur or the liquidation of the company, you can be fired without the consent of the authorities.

In other cases, if the employee refuses to dismiss, then this automatically serves as the basis for declaring the dismissal illegal.

Dismissal of a minor at the initiative of the employer

This issue is considered at a meeting of the commission on juvenile affairs. It can be both planned and urgently assembled. As a result, a decision is made: either to agree with the dismissal of the minor, or to refuse the employer such an initiative.

If there are a number of grounds for dismissing an employee under the age of 18, the employer should act as follows:

Make inquiries to the commission and labor inspection(one in each), in which the requirement to obtain the consent of the indicated structures for the dismissal of a minor should be prescribed, providing all the arguments.
Obtain satisfactory answers from designated authorities.
Sign a document on the dismissal of a minor.

note

The requests indicated above are directed to the place of registration of the teenager. If negative answers are received, then it will be possible to dismiss the person only upon reaching the age of majority. It is not always advantageous for an employer to wait several years to get rid of an unwanted employee. Therefore, there is another option - to go to court to appeal the decision.

Now let's clarify the basic requirements for the request submission form. As a rule, there are no definite rules for its preparation, but in any case, it is submitted in writing. The relevant authority can independently develop the form of the document, otherwise it is drawn up in an arbitrary form.

If there are no standards in the form, then in the content of the written part there are. The content of the request itself sets out the essence, the request itself, data about the employee and the reasons that prompted the employer to fire the minor, as well as the return address, where the response will be sent later. In addition, the employer needs to attach documents confirming his words to the request (this will increase the likelihood of getting a positive answer).

Dismissal of a minor employee of his own free will

This option is considered the fastest and least time consuming. Today there is no need to coordinate such a dismissal with the inspection as before.

The law provides for the drafting of a contract with a minor for a specified period (i.e.). If, according to the pre-announced deadline, the contract ends, then the employee releases workplace... Please note that all possible options, when a fixed-term contract can be concluded, are spelled out in Article 59 of the Labor Code of the Russian Federation (during the absence of the employee who replaced this position; seasonal work (garbage collection, planting seedlings), as an internship or related to practice).

In addition, a minor can be employed by an employer as a creative employee. In this case, the employer can act as:

Cinematography organizations;
Cultural and entertainment organization.

A fixed-term employment contract can be without special conditions formalized by agreement of the parties: a person under 18 years of age (studying at a college, school, etc. full-time) and the employer. Note that the employee should be notified in advance (three days in advance) and in writing about the expiration of such an agreement.

There is an exception. If a minor holds a position for a time while the main employee is absent, then his contract may end abruptly - as soon as the absent employee returns to his workplace (for example, from a decree).

The psychophysiological characteristics of the body of minors, the need for full-fledged training often require special conditions labor, additional guarantees, which are developed and enshrined in the current legislation. Let us consider what restrictions are provided by the Labor Code on the working conditions of minors, whether they can be sent on business trips, what types of work they cannot be involved in, as well as the procedure for dismissing such workers, including at the initiative of the employer.

Working conditions of minors

In accordance with Art. 265 of the Labor Code of the Russian Federation, it is prohibited to use the labor of persons under the age of 18 in jobs with harmful and (or) dangerous conditions labor, underground work, as well as work, the performance of which may harm their health and moral development (gambling, work in night cabarets and clubs, production, transportation and sale of alcoholic beverages, tobacco products, narcotic and other toxic drugs). It is believed that the character of such a teenager has not yet formed and the psyche can easily change, including in a negative direction.

It is forbidden to carry and move by workers under the age of 18 weights that exceed the limits established for them.
The list of jobs where the use of the labor of underage workers is prohibited, as well as the maximum norms of severity, are approved in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

The list of heavy work and work with harmful or hazardous working conditions, during which it is prohibited to use the labor of persons under eighteen years of age (hereinafter referred to as the List), was approved by the Decree of the Government of the Russian Federation of February 25, 2000 N 163. According to the List, more than 400 types of severe , harmful and hazardous work, regardless of the form of ownership and organizational and legal form of production, including the activities of the employer - an individual. Even if the teenager himself asks to use his labor in these types of work, the administration has no right to do this, otherwise it will be held accountable for violating labor laws. Therefore, already when hiring persons under 18 years of age, the administration must be guided by the List. Unlike women, who are prohibited from physical underground work, any underground work, including non-physical and occasional work, is prohibited for workers under 18 years of age.

For work with toxic chemicals related to chemical weapons, you must not use the labor of workers under 20 years of age. This additional age limit is established by Art. 2 Federal law from 07.11.2000 N 136-FZ "On social protection of citizens employed in work with chemical weapons."

The provisions of Art. 265 of the Labor Code of the Russian Federation on types of labor prohibited for minors are also applied to student trainees in production. When students up to 18 years of age undergo industrial practice at the jobs provided for in the List, the duration of such work for them should not exceed 4 hours per day (shift), subject to strict observance of sanitary and hygienic standards at these jobs and provided that by the time they graduate from vocational training they will reach 18 years of age.

In addition to works prohibited by Art. 265 of the Labor Code of the Russian Federation for minors, they cannot also be involved in work:
- concurrently (Article 282 of the Labor Code of the Russian Federation);
- in accordance with written agreement about complete material responsibility(Article 244 of the Labor Code of the Russian Federation);
- on a rotational basis, since these works are associated with departure to another locality and with long work shifts, which are prohibited for minors (Article 298 of the Labor Code of the Russian Federation);
- in religious organizations (Article 342 of the Labor Code of the Russian Federation).

The norms of maximum permissible loads for persons under eighteen years of age when lifting and moving heavy weights manually were approved by the Decree of the Ministry of Labor of Russia dated 04/07/1999 N 7, according to which the norms of maximum permissible loads for these persons when lifting and moving heavy weights manually are determined as follows:

In doing so, the following must be taken into account:
1. Lifting and moving weights within the specified norms is allowed if it is directly related to the ongoing professional work being performed.
2. The mass of the cargo to be lifted and transported includes the mass of tare and packaging.
3. When moving goods on trolleys or in containers, the applied force should not exceed:
- for boys: 14 years old - 12 kg, 15 years old - 15 kg, 16 years old - 20 kg, 17 years old - 24 kg;
- for girls: 14 years old - 4 kg, 15 years old - 5 kg, 16 years old - 7 kg, 17 years old - 8 kg.

According to Art. 268 of the Labor Code of the Russian Federation, it is prohibited to send to business trips, attraction to overtime work, work at night, on weekends and non-working holidays workers under the age of 18 (excluding creative workers of funds mass media, cinematographic organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibiting) of works, professional athletes in accordance with the lists approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite Commission for the regulation of social and labor relations).

In addition, a shorter working day is established for minors:
- no more than 24 hours a week - for employees under the age of 16;
- no more than 36 hours per week - for employees aged 16 to 18.

At the same time, the duration of daily work (shift) cannot exceed:
- 5 hours - for employees aged 15 to 16;
- 7 hours - for employees aged 16 to 18.

Pupils educational institutions, institutions of primary and secondary vocational education combining during school year study with work, it is possible to engage in work only 2.5 hours a day (workers aged 14 to 16) and 3.5 hours (workers aged 16 to 18).

At the same time, the annual basic paid leave for young workers is provided with a duration of 31 calendar days. At the request of a minor, leave must be provided at a convenient time for him, including before the expiration of 6 months of continuous work. Replacement of annual paid leave monetary compensation for persons under 18 years of age is not allowed.

In addition, for minors who combine work with training in institutions of primary, secondary or higher vocational education, labor legislation provides guarantees in the form of providing additional vacations keeping the average earnings for passing exams and passing intermediate certification.

As for the production standards, in accordance with Art. 270 of the Labor Code of the Russian Federation for workers under the age of 18, production rates are established on the basis of general production rates in proportion to the shortened working hours determined for these workers.

For employees under the age of 18 who enter work after graduating from general educational institutions and institutions of primary vocational education, as well as those who have passed professional education in production, in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective acts, an employment contract may establish reduced production rates.
I would also like to remind you that Art. 266 of the Labor Code of the Russian Federation provides that persons under the age of 18 are hired only after a preliminary mandatory medical examination (examination) and further, until they reach the age of majority, are annually subject to a mandatory medical examination (examination). In this case, provided for by Art. 266 of the Labor Code of the Russian Federation obligatory medical examinations(surveys) are carried out at the expense of the employer.

The procedure for dismissing minors

The procedure for the dismissal of underage workers also differs in certain peculiarities. Dismissal of a minor on the grounds provided for in Part 1 of Art. 81 of the Labor Code of the Russian Federation, carried out in the event of:
- liquidation of an organization or termination of activities by an employer - an individual (clause 1);
- reduction of the number or staff of the organization's employees (clause 2);
- inconsistency of the employee with the position or work performed: a) due to the state of health in accordance with the medical report; b) due to insufficient qualifications, confirmed by the results of certification (clause 3). Also, according to paragraph 2 of part 1 of Art. 83 of the Labor Code of the Russian Federation, the restoration at work of an employee who previously performed this work is carried out without his subsequent employment.

The personnel service of the enterprise should take into account that termination of an employment contract with employees under the age of 18 at the initiative of the employer (except in the case of liquidation of the organization or termination of activities individual entrepreneur), in addition to observing the general procedure for dismissal, is allowed only with the consent of the relevant state labor inspectorate and the territorial commission for minors and the protection of their rights (Article 269 of the Labor Code of the Russian Federation). If the consent of these state bodies is not obtained and the special procedure for dismissal is violated, then the dismissal may be recognized as illegal, which will entail a number of negative consequences for the employer: a minor employee will be reinstated at work with the payment of average earnings for the entire time forced absenteeism... In addition, at the request of the employee, a decision may be made to compensate him with monetary compensation for moral damage caused by these actions. The amount of this compensation is determined by the court (Article 394 of the Labor Code of the Russian Federation).

Termination of an employment contract with an employee under the age of 18 who is a member trade union, in accordance with clauses 2, 3 and 5 h. 1 of Art. 81 of the Labor Code of the Russian Federation is made taking into account the motivated opinion of the elected trade union body (Article 373 of the Labor Code of the Russian Federation).

Employers (their successors) are obliged to provide employees from among orphans, children left without parental care who are dismissed from organizations in connection with their liquidation, downsizing or staff reduction. own funds the necessary professional training with their subsequent employment in this or another organization.

Thus, we see that the work of minors has a number of specific features, due to which optimal conditions must be created for their development and work.

Modern legislation can be called meeting reality and the requirements of international legal acts. However, having effective regulations does not solve the problem.

In order for the norms establishing a special legal status a minor worker, are reflected not only de jure, but also de facto, state bodies are active. The latter identify the places of work of minors, check the working conditions and availability of employment contracts, and also take measures to develop legal literacy among potential minors. Currently missing efficient mechanism bringing employers-offenders to justice, although any deviations from the established norms may entail serious adverse consequences for the physical, spiritual, moral and educational development of a minor.

Read also

Do I need to conclude an employment contract with a student intern?
Sometimes students turn to the head of the institution educational institutions with a request to undergo industrial or pre-diploma practice in this institution. Some employers agree to look at potential candidates, while others refuse due to the fact that the specialties received by graduates do not always correspond to the demand of the organizations, as well as from a lack of understanding of the status of the student doing internship in the organization.

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Fixed-term employment contract. Dismissal of the maternity
The dismissal of a maternity worker working on a fixed-term employment contract has a number of features, failure to comply with which may lead the employer to litigation.
Crisis: Time to Master the Art of Firing
Leading experts of top PR agencies in Russia unanimously assert that in our country there are problems with the ethics of dismissal. Arise big internet portals of "black lists of employers". Offended and furious dismissed employees write negative reviews in a fit of anger. And the less carefully they are fired, the more angry their responses to the company become. It is difficult to explain why, with the widespread desire of companies to create for themselves the image of the "employer of the dream", a key aspect is often overlooked. personnel policy companies. Dismissal is a vulnerable link in HR management. Today, when a crisis is ripe in the country, mass layoffs will undoubtedly follow. There is even a concept of “public shock of layoffs”.
Labor violations during work and upon dismissal
The most common violations of labor laws are related to wages and the procedure for dismissing an employee. Thus, it is illegal to pay salaries once a month.
Downsizing Notice
Usually, the management tries to reduce the staff by terminating the contract "by agreement of the parties." If this method does not suit the employee, he has to be fired due to staff reduction or headcount reduction. And in this case, one cannot do without notification of the reduction.
We reinstate the illegally dismissed at work
If the court finds the dismissal unlawful, the decision to reinstate the illegally dismissed employee at work is subject to immediate execution. During the forced absence, the employee can count on average earnings and compensation for non-pecuniary damage. ...
Farewell with an eye to the future
All personnel officers sooner or later face the need to fire employees. And the reputation of the company depends on how successfully and correctly the separation process goes. Let's reveal a few secrets. The article is published in the framework of cooperation hrmaximum ...
Substitution of grounds for dismissal was the reason for reinstatement
After an unsatisfactory result of passing the knowledge test, the employee was not extended the admission to work with electrical equipment. The employer considered that such admission is inherently a special right and its deprivation makes it possible to terminate the employment contract with the employee.
Dismissal from vacation
In order to formalize the dismissal of an employee who is on vacation at his own request, it is necessary to make sure that this employee really wanted to end the employment relationship.
Termination of an employment contract due to an immoral act
To dismiss for committing an immoral offense is possible only for employees of a certain category, namely those performing educational functions. But at the same time, for the legality of dismissal on this basis, a number of conditions must additionally be met.
We issue the dismissal of an employee who has not passed the test
Everyone knows that when concluding an employment contract, by agreement of the parties, a condition may be provided for testing an employee in order to verify his compliance with the assigned work. But few know how to properly fire someone who does not cope with the job and does not suit the employer. Making mistakes when terminating an employment relationship with an employee who has not passed the test, the employer runs the risk of meeting with the dismissed in court, and it is possible that the judges will side with him. How to issue a dismissal in this case, we will tell you today.
Dismissal based on test results
The article is devoted to the consideration of the relevant aspects related to the peculiarities of the design of the test regime when hiring. Issues related to the conditions of appointment, duration, passing the test are discussed in detail, the procedure for terminating an employment contract with an employee who did not pass the test is described in detail, samples are given required documents on this topic.
How to properly formalize suspension from work and dismissal in case of theft
Suspension and subsequent dismissal an employee who committed theft at the place of work - unfortunately, in the practice of personnel departments, such a situation occurs quite often. How to correctly draw up the accompanying documentation and take into account all the nuances of the legislation? The algorithm presented in the article will help HR personnel avoid mistakes, which means it will minimize the risk of negative consequences for the employer.
Long absenteeism: the difficulties of dismissal
Almost every employer sooner or later is faced with a situation when one of the employees suddenly, without any warnings, does not go to work. This is a real headache for personnel service: stubbornly wait for a missing employee to come to work or look for a new one in his place, fire an absent employee for absenteeism, or wait more than a year and recognize him as missing? And this is not a complete list of questions that arise in front of a personnel officer in a similar situation. Only strict observance of all the requirements of labor legislation allows to solve the problem competently and with the lowest material costs.
Reinstatement or cancellation of a dismissal order?
Recently, the attitude to the issue related to immediate execution judgment on the reinstatement of an employee at work has changed dramatically. What are these innovations - in the article.
Open date statement
Today, many employers, when hiring a new employee, ask him to write in advance a letter of resignation "on his own", but without the date of its drawing up. What is the risk of a company practicing this method of "safety net", says Svetlana Gavrilova, an expert at the auditing firm "Business Studio".
Dismissal of an employee under P. 5 ST. 81 of the Labor Code of the Russian Federation
The Labor Code provides for the dismissal of an employee in connection with repeated non-performance by him without good reason job responsibilities... This ground for termination of an employment contract is not new, it is a succession one. Previously, this foundation was consolidated in ...
If an employee does not show up for work
We have an employee who hasn't shown up at work for more than three months. He does not answer phone calls, letters and telegrams. They don't open the door at home. Can we fire him? If so, what article?
How can the CEO find a compelling reason to fire the chief accountant
In order to find the reason for the dismissal of your chief accountant, it is necessary to thoroughly study the current labor, accounting and tax laws. If your search for suitable legal norms is crowned with success, be sure that the chief accountant will not want to spoil his work book and will quit under Art. 80 of the Labor Code of the Russian Federation, that is, at their own request.
Protection of Labor Rights: Applying to the Prosecutor's Office
One way to protect labor rights is an appeal to the prosecutor's office. The prosecutor's office is a single federal centralized system bodies exercising on behalf of Russian Federation supervision over the observance of the Constitution of the Russian Federation and the implementation of laws in force on the territory of the Russian Federation.
Dismissal of staff: how to make it not excruciatingly painful
Paradoxes of the HR profession The dualism of the current situation consists precisely in the fact that the HR manager, who heads the personnel service, on the one hand, will have to demonstrate in the current conditions the virtuoso performance of his professional duties in staff cuts,…
How much does layoff cost: layoff compensation payments
When reducing the number or staff of employees, it is important not only to strictly adhere to the dismissal procedure, it is also necessary to accurately determine the cash payments due to the employee *. This is not always easy to do. The fact is that the requirements for such payments are contained in different articles of the Labor Code. Let's see what amounts are in this case, how to calculate them correctly, whether you need to pay taxes on them.

You can often hear the opinion that dismissal in accordance with paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation primarily concerns persons who have reached retirement age. However, this is not consistent with the requirement of Part 1 of Art. 179 of the Labor Code of the Russian Federation on the preemptive right to keep people with higher labor productivity and qualifications at work. Reaching the retirement age is not a basis for the priority dismissal of such persons. They can only be dismissed according to the general rules.
Recovery of material damage upon dismissal of an employee
Collection material damage upon dismissal of an employee - Clarification about the possibility of recovering damages from a resigned / quitting employee.
Compensation payments upon dismissal of women with children and pregnant women
Dismissed in connection with liquidation and unemployed mothers of children under three years old bodies social protection of the population are paid monthly compensation in the same amount as on parental leave until they reach 3 ...
Dismissal: is it possible for both parties to win?
Firing employees for any reason is not an accident, but a natural part of the business life of an enterprise. So it should be treated. And in this process there are two interrelated sides - the ability to quit yourself and the ability to fire others. This article will be of interest to those who own and manage a business, who, by the nature of their work, fires others and those who want to learn not to find themselves in a situation of being dismissed without their own desire.
Salary in an envelope and dismissal
Now my company is reducing the position I occupy, and the management does not want to pay compensation (as far as I know, 5 salaries). The situation is complicated by the fact that 50% of my salary is “gray”. What would you advise on how to behave better? Should I go to court? The position I occupy is top. How can going to court affect my career?
How not to be deceived and fired?
Many workers are willing to put up with arbitrariness on the part of employers, usually because they do not know their rights. And there are enough of them to receive legal compensation upon dismissal, and to compensate for damage from moral damage, and so on.
What to do if the company is going to be liquidated?
The management's intention to start liquidating the company does not mean that it does not have obligations to respect the labor rights of employees, including compliance with the procedure for dismissal and payment of compensations stipulated by law.
Can I quit my job without paying any fees under the training agreement?
In the event of an unjustified dismissal before the expiration of the term stipulated by the training agreement at the expense of the employer, the employee is obliged to reimburse the costs incurred by the company for his education, calculated in proportion to the time actually not worked after the end of the training.
Are you being forced to resign of your own free will?
The very statement of the question is already suggestive: if the dismissal should happen ON OWN WILL, then what does the management have to do with it. The fact of the matter is that from the point of view of the law - none, but in reality the opposite is true.
I'm getting fired, what should I do? Practical advice from a lawyer
First, the more serious the organization, the more carefully the dismissal is prepared.