The characteristics of the psyche and body of a person who has not reached the age of majority require certain guarantees for this category of workers. The guarantees were developed by the legislator and reflected in the Labor Code of the Russian Federation. This law provides for certain restrictions related to the impossibility of sending minors on business trips, as well as involving them in certain jobs. How can teenagers work at an enterprise, what work requirements must the employer comply with, and what can he provide to minors?

Minor workers

In Art. 265 of the Labor Code of the Russian Federation establishes a ban on the use of hired labor by persons under 18 years of age in work that is accompanied by unsafe conditions in underground work, as well as in work that can cause damage to moral and mental health. These types of work activities include casinos, entertainment clubs, bars, production and transportation, trade in alcoholic beverages, tobacco, and toxic goods.

The legislator considered that the character of the teenager, who had not reached the age of majority, had not yet formed. His psyche is very flexible and can change depending on certain circumstances. In addition, the law establishes a number of restrictions. The legislator establishes a ban on carrying and moving heavy objects whose weight exceeds certain limits. The list of types of work activities in which it is prohibited to use teenagers in labor, as well as the maximum standards for lifting heavy objects, are determined in the manner established by the highest executive body of power. At the same time, the Government takes into account the opinion of the commission on permitting issues in the social and labor sphere. The commission operates throughout Russia.

The list of types of work activities with unsafe working conditions for persons under 18 years of age has been approved by the Government of the Russian Federation. This is the resolution number 163 of 2000. The list of works is quite extensive, containing about 400 items of harmful and dangerous work for enterprises, regardless of the form of ownership of legal entities. If a teenager asks the employer to use his work, which is on the list of unsafe and hazardous work, the employer cannot give consent. Otherwise, he may be subject to liability provided for failure to comply with the provisions of labor legislation. Based on this, when registering citizens under 18 years of age, the employer should focus primarily on uncomplicated and occasional work.

If toxic chemicals are used at work, then the labor of workers under 20 years of age is not used. This age limit is established by 136-FZ of 2000. The provisions of the Labor Code of the Russian Federation, in particular Article 265, are aimed at students who are trainees. When studying at the jobs of these persons, which are provided for in the previously specified list, its duration should not be more than 4 hours per day. At the same time, the enterprise must comply with safety regulations. But the employer has the right to hire a trainee provided that after training he reaches 18 years of age, that is, he will be an adult.

In addition to the types of work that are defined by Article 265 of the Labor Code of the Russian Federation, teenagers cannot work in the following areas:

• working two jobs, part-time;
• at work in which full liability (material) is provided (Article 244 of the Labor Code of the Russian Federation);
• on a rotational basis, since this work is due to moving to another city;
• long shifts;
• in religious organizations.

There are standards for maximum permissible loads for citizens who are under 18 years of age in the case of lifting and moving heavy objects. They are prescribed in the resolution of the executive authority. This is the Ministry of Labor, Resolution No. 7 of 1999. According to Article 268 of the Labor Code of the Russian Federation, persons under 18 years of age are prohibited from sending a teenager on business trips and engaging in overtime work on non-working days. Exceptions are teenagers who are engaged in creative work, work in the media, theaters, circuses, etc. Thus, the legislator establishes guarantees for persons under 18 years of age when carrying out labor activities. Dismissal of a minor employee can only be done with his consent.

The dismissal of any employee, including those under the age of 18, must be carried out in accordance with the order of the head of the company. The employee must be familiar with this document. He confirms this fact with a painting. If the dismissal order cannot be communicated to the employee, or he wants to sign it, a note about this must be made on the document. The day of leaving work is the last day of a citizen’s work activity. On the last day, the employer must:

• make financial settlements with the employee;
• issue a work book with a notice of dismissal written in it, certified by the seal, signature of the HR department and the employee, if the employee is present at work and agrees to receive this document.

If the employee is not there, or he does not want to receive a work book, his boss is obliged to give him a notice that he needs to come for this document. Or the former employee must agree to receive a work book by mail. When a person is dismissed, the organization issues a certificate stating the amount of earnings for the two previous calendar years that preceded the year of termination of work. For the employee, the employer is obliged to transfer information related to the calculation and payment of insurance premiums. At the employee’s written request, the organization issues copies of documents, for example, a dismissal order, as well as a document in Form 2 of personal income tax.

Procedure for dismissal of minors

The Labor Code of the Russian Federation, in the provisions of Article 269, puts forward requirements that are observed by the company in the process of dismissing an employee under 18 years of age at the initiative of the employer. To dismiss an employee who has not reached the age of majority, you must obtain the consent of:

• A commission that considers issues of minors and protects their rights.

The consent of these bodies is relevant for the dismissal of an employee related to the employer’s initiative. The exception is situations when dismissal is carried out upon liquidation of the company or termination of the work of the individual entrepreneur. Lack of consent is the basis for recognition of dismissal on illegal grounds. Judicial practice formed this provision in paragraph 23 of the Resolution of the Plenum of the RF Armed Forces of 2014.
Commissions that work with the labor rights of persons under 18 years of age are created at the regional level. The law allows regions to create them, as well as determine the procedure for the activities of these authorized bodies. The commission is obliged to make sure that when a teenager is dismissed from an enterprise, his rights are not violated by the employer.

Dismissal of a minor employee at the initiative of the employer

The question of whether it is possible to fire a teenager from an enterprise is raised before the members of the commission at a scheduled or extraordinary meeting. Based on the results of the consideration, the commission makes a decision in which it agrees to dismiss an employee under 18 years of age or denies the employer his own initiative. If the employer has certain reasons for parting with an employee who is not suitable for him, in the case of a person under 18 years of age it is necessary:

• generate two requests in writing for the consent of the specified departments to dismissal;
• receive written answers to your requests;
• issue an order to dismiss the employee.

A request to dismiss a person under 18 years of age is sent to the labor inspectorate and the commission for minors at the place of registration of the teenager. In case of a negative response from the authorized bodies, it is impossible to dismiss a citizen under the age of 18 years. You can fire this person if he turns 18 years old. An employer does not have to wait until an unwanted or bad employee turns 18. The refusal of the authorized body is appealed in court.

A request to dismiss an employee sent to the authorized bodies must be drawn up in the form of a written document. There is no strictly unified form of this document. The department has the right to develop the form of the document independently. If the type of document is not approved, the company can send a request in any form. But there are requirements for requests regarding their written form. They are defined by Article 7 59-FZ of 2006. In particular, the request must state the essence of the question, the request, and the return address to which the answer must be sent in writing. In order to confirm the stated arguments, the employer attaches documents and copies thereof to the request.

Dismissal of a minor at his own request

If a person under 18 years of age wants to resign of his own free will, there is currently no need for outside approval of this issue. Previously, in labor legislation there was a requirement to inform the commission about the dismissal of a teenager, even if one wishes to do so. When an employer learned that a teenager wanted to quit on his own initiative, the commission had to consider the reason for this. For example, it was believed that a teenager could quit, for example, due to negative influence exerted on him by his employer. Today the legal requirements do not stipulate this. The regulations on the commissions, which are designed to protect the labor rights of adolescents, do not establish any agreements in the event that an employee under 18 years of age, of his own free will, decides to resign from his place of employment.

If an employment contract was concluded with an employee under 18 years of age on a fixed-term basis, upon expiration of its term the work will cease. The employee leaves work. Such a contract applies to a minor employee if the employer can use the mandatory conditions for limiting the period of validity, which are specified in Article 59 of the Labor Code of the Russian Federation.

A person who has not reached 18 years of age may be hired under an employment contract in the following cases:

• for the duration of the duties of an employee who is absent from the workplace (temporarily, for the period of maternity leave);
• for the duration of temporary or seasonal work;
• for the duration of work directly related to practice, additional type of education in the form of internship.

For a period of time, a citizen under 18 years of age can be registered as a creative employee with an employer who acts in the status of:

• cinematography institutions;
• cultural and entertainment institutions.

A fixed-term employment contract can be drawn up by agreement between the parties. One of the participants in such a contract is a person under 18 years of age receiving full-time education at an educational institution. An employee under 18 years of age is notified in advance (3 days) in writing of the expiration of a fixed-term employment contract. The general rule does not include situations where the period of validity of such a contract expires if it was concluded during the absence of the main employee. If none of the parties to the contract objects, the employee continues to work, this employment agreement can be considered as open-ended, drawn up for a period not specified in the contract.

When leaving a job for a person under 18 years of age, the following factors must be taken into account:

1. The employer is obliged, by sending an appropriate request, to obtain the consent of the State Labor Inspectorate and the commission dealing with the affairs of minors if he wants to fire a teenage employee on his own initiative! This must be done in all situations except liquidation of a legal entity.
2. A request to the authorized bodies for permission to dismiss should be made in person or via email.

The current Labor Code does not contain a separate provision allowing for dismissal for caring for a child under 14 years of age. Despite this, a conflict situation may arise between the employee and the employer.

How to apply for leave for child care

Since existing legislation does not provide any additional benefits and guarantees for employees who quit to care for a minor, it is not necessary to indicate this reason in the application and order. The employee is not prohibited from describing the reason for leaving in the application, but this wording will not have legal force.

Dismissal of a minor

In any case, when indicating the reason for termination of the working relationship, it is recommended to justify it with documentation. For example, attach a copy of the child’s birth certificate, as well as a certificate confirming the need for constant care.

Sample application

Sample of filling out a work book

In this case, the work book indicates: “Dismissed at his own request, clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation.” In some cases, HR specialists meet the employee halfway and indicate in the book the reason for leaving.

Is it possible to quit without working?

The only thing a resigning employee can achieve is the opportunity to leave without working the two weeks required by law. However, this concession can only be obtained by agreement with the employer. If he considers that there are no compelling reasons for breaking the contract so quickly, he will have to work for two weeks.

If the employee provides evidence that his child really requires special supervision, the employer is obliged to terminate the contract on the day of the application. For example, this is possible if the minor is ill or is a “difficult” teenager. This possibility is enshrined in Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

In any case, the employee must be prepared to notify the employer of his intentions two weeks before the expected date of termination of the employment relationship.

How to place an order

The order in the case under consideration is drawn up in accordance with the standard procedure, and it only indicates that the dismissal was made at the initiative of the employee.

Dismissal to care for a disabled child

If the contract is terminated due to the need to care for a disabled child, the employee can count on being exempt from the obligation to work for two weeks, since caring for a sick minor is a valid reason. In this case, it must be indicated both in the resignation letter and in the entry in the work book. Please note that the employer may require confirmation of the need to terminate work with a certificate of disability.

When can an employer not fire an employee?

An employer does not have the right to dismiss an employee if2:

• he is on leave (annual, educational, child care, unpaid leave, etc.);
• he is on sick leave.

This rule applies even if the employee works from home or part-time. In addition, try not to forget that there are special categories of workers who either need to follow a certain procedure (table on page 40).

Restrictions on dismissal of special categories of workers

What to do if you are faced with a difficult dismissal case?

Let's look at some of the most common and complex issues related to the dismissal of employees at the initiative of the employer.

Unsatisfactory test result (Article 71 of the Labor Code of the Russian Federation). Remember that you will not be able to dismiss an employee on this basis if:

• there is no provision for probation in the employment contract (in this case, the test is considered unspecified);
• the employer missed the notice period for dismissal3 on this basis (dismissal will be considered illegal);
• the employer did not record the results of the work performed by the employee, did not evaluate its quality (that is, there are no documented grounds for dismissal).

Reduction of number or staff (clause 2 of part one of Article 81 of the Labor Code of the Russian Federation). It is also not possible to dismiss employees on this basis in all cases. For example, you cannot do this if:

• the reduction procedure was not followed (part three of Article 81, Article 180 of the Labor Code of the Russian Federation)4;
• the position subject to reduction is occupied by an employee who cannot be dismissed at the initiative of the employer (for example, a pregnant employee);
• the employer did not fulfill the mandatory conditions necessary to dismiss certain categories of employees (for example, did not obtain the consent of the labor inspectorate to dismiss a minor employee).

Attention!
Remember that it is not the employee who is subject to reduction, but the staff unit or position.

Attribute LLC has a network of branches. Each of them has the position of a personnel inspector. But the general director decided that personnel records would be carried out only in the central office and the position of “HR inspector” in the branches should be reduced. In this regard, management issued an order to reduce the number of employees and handed notices of the upcoming dismissal to all employees. At the same time, there were no vacant positions in the branches.

Two days before her dismissal, Elizaveta Ivanchuk refused to sign the dismissal order.

Dismissal of minors

She motivated this by the fact that she alone is raising a disabled child at the age of five, which means she cannot be fired. And provided supporting documents. Therefore, after the new staffing table came into force, Ivanchuk continued to go to work and spend her working time in the office, doing nothing. What should an employer do?

The General Director of Attribute LLC solved this problem as follows. He made changes to the previously issued order to reduce staff and returned her position to the branch staffing table. Thus, the employee was provided with work. In the future, she will be able to be offered vacant positions in order to transfer her to a new job, subsequently reducing the position of HR inspector.

A single gross violation of labor duties by an employee. Absenteeism (subparagraph “a”, paragraph 6, part one, article 81 of the Labor Code of the Russian Federation). It is impossible to dismiss an employee on this basis if:

• the employment contract does not indicate the working hours (since it is impossible to establish which days are working days for the employee and at what hour his working day begins, it cannot be proven that he was absent from work for more than four hours);
• the employment contract does not indicate a specific place of work (since the workplace is not defined, it cannot be proven that the employee was absent from it);
• it has not been proven that the reason why the employee was absent from work was unexcused;
• the employer did not carry out the disciplinary procedure or carried it out with violations (Article 193 of the Labor Code of the Russian Federation);
• the employee is absent from the workplace for a long time and the reason for his absence is not clear (Articles 81, 193 of the Labor Code of the Russian Federation).

Advice
Be sure to indicate in employment contracts with employees their place of work (the structural unit must be indicated in accordance with the staffing table). This will help confirm the employee’s absence in case of absenteeism.

Example

Digital LLC has stores in many shopping centers in the city. In an effort to increase sales, the employer sends employees (sales consultants, cashiers) to different stores on different days, depending on where workers are currently needed. In employment contracts, the employer deliberately does not indicate a specific place of work (store). One of the workers, cashier-saleswoman Margarita M., was sent by verbal agreement to a store located in the Orchidya shopping center. But it so happened that the worker went to the Lilia shopping center by mistake.

At this time, there was a large influx of visitors in the Orchid shopping center, whom the workers there did not have time to serve. As a result, the store did not make the profit it could have. The angry manager decided to fire Margarita for absenteeism. Two days later she was asked to review the dismissal order. Margarita refused to do this and turned to the labor dispute commission to protect her rights.

The commission supported the worker's position. The management had to cancel their dismissal order, since the employment contract with Margarita M. did not specify her specific workplace. This means that the fact of absenteeism cannot be proven.

Personnel Dictionary

Single mothers– women raising a child on their own, if paternity has not been properly established or disputed (divorced women, as well as widows, do not belong to this category) (Chapter 10 of the Family Code).

Other persons raising children under 14 years of age (disabled children under 18 years of age) without a mother,– fathers or guardians who have formalized guardianship in the manner prescribed by law (Chapters 10, 12, 20 of the Family Code).

Inconsistency of the employee with the position held or the work performed in the case of insufficient qualifications confirmed by the results of certification (clause 3 of part one of Article 81 of the Labor Code of the Russian Federation). It is impossible to dismiss an employee on this basis under several circumstances, for example, if:

• the organization does not have a certification provision;
• the employer violated the certification procedure (for example, did not create a special certification commission);
• the employee does not have a job description, and his employment contract does not specify individual responsibilities;
• the employee was not certified at all6;
• the employer violated the dismissal procedure (for example, did not offer the employee another vacant position to which he could be transferred);
• the employee belongs to the category of workers who cannot be dismissed on this basis (for example, women with children under three years old, single mothers raising a child under 14 years old, etc.).

Change of owner of the organization’s property (Article 75, paragraph 4, part one, Article 81 of the Labor Code of the Russian Federation). As a general rule, an employer does not have the right to dismiss employees on this basis. The exception is the head of the organization, his deputy and the chief accountant. At the same time, they should not be confused with the heads of branches and other separate structural divisions - such employees cannot be dismissed on this basis. In addition, the new owner loses the right to dismiss these employees if more than three months have passed from the moment he acquired ownership rights7.

Disclosure of secrets protected by law, including personal data of another employee (subparagraph “c”, paragraph 6, part one, article 81 of the Labor Code of the Russian Federation). In this case, the employer must carry out a disciplinary procedure and apply punishment in the form of dismissal (Article 193 of the Labor Code of the Russian Federation). But an employee cannot be fired if the company does not have a list of information that constitutes commercial, official or other secrets, as well as evidence that the employer has developed means of protecting them.

Law against practice

On practice

The employer decided to dismiss employee Shpyneva for repeated failure to fulfill her job duties without good reason, since for several days in a row she took her lunch break an hour earlier (not from 13-14 o'clock, but from 12-13 o'clock). Although the manager had previously verbally agreed with her about what hours Shpyneva would have lunch (the employee’s lunch time is not specified in the internal labor regulations and the employment contract).

In accordance with Article 189 of the Labor Code, labor regulations are determined by the internal labor regulations.

What happens if…

It will not be possible to dismiss an employee on this basis in this case, since neither the company’s internal labor regulations nor the employment contract indicate the employee’s lunch break time. But a verbal agreement with the manager cannot be taken into account.

The material was prepared by Olga ABASHNIKOVA,
Leading specialist in HR administration Outsourcing division BDO (Moscow

The Labor Code of the Russian Federation distinguishes minor workers into a separate category, which are provided with certain guarantees and benefits, including upon dismissal, although not for all reasons. Is it possible to dismiss a minor at his own request? Do this require additional procedures beyond those established for general cases?

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

A minor employee can be dismissed for all reasons 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 committee for minors. Exactly why this needs to be done, and why you can do without it, can be seen in the table below.

From the table above it is clear that the employer is required to obtain permission to terminate an employment contract with an employee under the age of 18, only if he does this on his own initiative (with the exception of the liquidation of the company). This 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 regulating the general procedure for terminating employment relations.

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

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

Employer warning

When resigning at his own request, the employee must notify the enterprise administration of his desire within the following time frame:

• 14 days before the planned date of dismissal.
• In fewer days, but only if this is agreed with the employer.
• Resign on the day of application, if there are good reasons, for example, enrollment in an educational institution.

The notice period for the employer is regulated by Article 80 of the Labor Code of the Russian Federation.

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

1. The employee submits a statement to the employer on March 1 with a request to dismiss him on March 5.
2. The employer writes a resolution on the application: “dismiss with service on March 15” and sends it to the personnel department.
3. After an employee is fired, he goes and complains that he was fired illegally. And he will be right, because in the statement he clearly asked to be fired on March 5, and not on March 15.

What should be the employer's response in this case to avoid ending up in the above situation? He must put a resolution on the application: “notify at least 14 days in advance, in accordance with the law” and return it to the employee, who will have to rewrite the application.

Writing an application

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

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

If an employee asks to be dismissed on the day the application is submitted, he must indicate the reason and attach a document confirming his words.

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

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

If an employee is not confident in the integrity of the employer, he needs to draw up an application in two copies, one of which he keeps for himself and the date on which the second copy was received by the manager is marked on it.

Making an order

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

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

1. Full name, position and department in which the dismissed employee worked.
2. Date of dismissal and details of the employment contract that is terminated by this order.
3. The basis for issuing the order, in this case, is the statement of the dismissed person.
4. The basis for termination of employment relations, that is, the article of the Labor Code of the Russian Federation under which an employee is fired.
5. A place for the employee to familiarize himself with the dismissal order.

The T-61 form is attached to the order, which indicates how many unused rest days the employee has left, 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:

• Inserting the serial number of the record, date of dismissal, grounds for dismissal (article of the Labor Code of the Russian Federation) and details of the order.
• Entering the details of the official who filled out the work report and his signature.
• Certification of records with a seal. Currently, this detail is not required if a legal entity operates without a seal.

Everyone already knows that Article 77 of the Labor Code of the Russian Federation is entered into the work book as a basis, and not 80, which discusses 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 code of laws requires that part of the article be included in the labor law. Accordingly, the entry should look like this: “dismissed under clause 3 of part 1 of article 77.” (magazine "Personnel Officer. Labor Law for Personnel Officers", No. 4, 2007, L. Frantsuzova, lawyer).

Payments to a minor employee upon dismissal at his own request

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

Also, certain funds may be withheld from the employee:

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

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

The dismissal of a person under the age of 18, when he writes a statement of his own free will, is carried out in the usual manner. In this case, coordination with the labor inspectorate and the Committee on Minors' Affairs is not required. The employee simply submits an application within the period established by law and the employment contract with him is terminated by issuing an order. Then he is given a work book and all the required payments.

In Russia, with some restrictions. Most often, teenagers are given seasonal work during the holidays. The state supports this desire to work by creating conditions for this.

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

The enterprise providing work must provide all conditions for the young worker: not allow him to engage in dangerous activities, work that undermines morality, physically unsuitable work, etc.

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

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

Let's look at how to fire a minor employee.

Dismissal - general procedure and features

As for adult workers, the dismissal of teenagers 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 the employee performs his duties. On this day he should receive:

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

Dismissing a minor employee is not so easy. To do this, you must have the written consent of the following organizations:

• labor inspection.

note

Data permission is required in cases where the decision to dismiss is made by the employer.

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

In other cases, if an employee refuses to be fired, this automatically serves as grounds 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 either planned or urgent. As a result, a decision is made: either agree with the dismissal of the minor, or refuse the employer such an initiative.

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

• Make requests to the commission and the labor inspectorate (one for each), in which they state the requirement to obtain the consent of these structures to dismiss a minor, providing all the arguments.
• Receive satisfactory answers from the indicated departments.
• Sign the document certifying the dismissal of the minor.

note

The requests listed above are sent to the place of registration of the teenager. If negative answers are received, then it will be possible to dismiss the person only when he reaches the age of majority. It is not always beneficial 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 specific 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 any form.

If there are no standards for the form, then there are standards for the content of the written part. The content of the request itself sets out the essence, the request itself, information about the employee and the reasons that prompted the employer to dismiss the minor, and also necessarily provides a return address where the response will be sent later. In addition, the employer needs to include documents confirming his words in the request (this will increase the likelihood of receiving a positive response).

Dismissal of a minor employee at his own request

This option is considered the fastest and least labor-intensive. Today there is no need to coordinate such a dismissal with the inspectorate, as before.

The law provides for drawing up a contract with a minor for a certain period (i.e.). If the contract ends by the deadline stated in advance, the employee vacates the 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 filled 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 drawn up without special conditions by agreement of the parties: a person under 18 years of age (full-time student at college, school, etc.) and the employer. Please note that the employee should be notified in advance (three days in advance) about the expiration of such a contract in writing.

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

The legal protection of women who combine motherhood with work is a priority issue in the Russian Federation. Thanks to the social protection of female workers, not only the number of qualified workers in the country increases, but also the demographic situation improves.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and FOR FREE!

That is why labor legislation and other regulations provide for a number of guarantees. They are aimed not only at improving employment conditions, but also at protecting workers both during hiring and dismissal.

What does the law say?

The legal regulation of the work of women with family obligations is regulated by Chapter 41 of the Labor Code of the Russian Federation. Working women are provided with not only some benefits that allow them to combine motherhood with successful work. They also established a number of guarantees both when starting a job and when terminating cooperation, especially if a woman has children under 18 years of age.

Normative base

A woman is not just a worker, but also a future mother or nurse of a small child, and subsequently, a guarantor of the children’s future until they come of age. For each category of workers, certain guarantees and benefits are established.

Based on Article 254 of the Labor Code of the Russian Federation, employees with children under one and a half years old are transferred to another position. Or their production standards are reduced in order to optimally combine work and caring for a small child, while maintaining pay at the average rate for their previous position. And in accordance with Article 258 of the Labor Code of the Russian Federation, women are also given a break for breastfeeding lasting half an hour, also paid, with the possibility of transferring it to the end of the working day.

According to the standards given in Article 93 of the Labor Code of the Russian Federation, female workers who have children or a child under 14 years of age, or a disabled child, at their request, can be assigned a part-time shift per day or week, again with the goal of a harmonious combination of family responsibilities and work activity.

Also, additional and paid days off are provided for mothers of disabled children (Article 263 of the Labor Code of the Russian Federation).

It should be noted that the above benefits also apply to those women who have adopted children in accordance with Article 257 of the Labor Code of the Russian Federation or are the legal representatives of minors.

Restrictions

Also, as additional benefits for working women with children, some restrictions have been established in order to rationally use their labor, combined with family responsibilities.

Based on Article 253 of the Labor Code of the Russian Federation, the involvement of women in work with particularly dangerous or harmful factors at the place of employment, as well as when lifting heavy objects, is limited in accordance with Decree of the Government of the Russian Federation No. 105.

And according to Article 259 of the Labor Code of the Russian Federation, sending women on business trips, especially for long periods of time and long distances, is prohibited without their permission.

Their written consent is also required to engage them in work beyond the norm, either at night or on weekends.

And depending on the industry and position held, for some categories of workers a working week is established, which should not exceed 36 hours.

In particular, such benefits are available to women living in rural areas, teachers, as well as a number of other professions, again with the aim of creating an optimal combination of both workload and raising children.

Acceptable grounds

In addition to the above benefits for workers who are mothers of children under 14 years of age or disabled people or mothers of many children and single mothers, a special procedure has been established both when formalizing cooperation and when terminating it.

When hiring employees who are raising one-and-a-half-year-old children, it is prohibited to establish a probationary period (Article 71 of the Labor Code of the Russian Federation). For other categories of workers there is no prohibition on testing. But being a woman and a mother is almost impossible, with some exceptions.

In particular, Article 261 of the Labor Code of the Russian Federation states that it is possible to dismiss a worker only in the following cases:

• at and subsequent;
• in the presence of several reprimands, for numerous;
• for absenteeism;
• for appearing on the territory of the institution in a state;
• for disclosure of commercial or state secrets;
• for committing theft or embezzlement of company property;
• for violation of safety regulations, which led to significant damage or created a threat to the lives of company employees;
• for providing false documents or false data;
• for committing an immoral act.

That is, a woman has the right to be fired only for committing an offense, which is rare for mothers, but many do not know whether they can be fired in other cases.

Single mothers

For employees who raise children themselves, the benefits described above are also provided. Based on Article 261 of the Labor Code of the Russian Federation, they are not allowed until the child turns 14 years old.

But since single mothers are less protected in comparison with other categories of working women, in accordance with the legislation of the Russian Federation, they are paid an additional allowance for the maintenance of children.

Divorced women

There are features of dismissal and divorced women.

The fact is that the norms of Article 261 of the Labor Code of the Russian Federation apply to them in full, because guarantees for them are established in direct dependence on the age of their children. Therefore, it does not matter whether the woman is married or whether the father of the children is employed or not. It also doesn’t matter whether the woman receives alimony. This fact still does not have any impact on her rights and guarantees.

That is, even with one minor child who has not reached the age of 14, it will be impossible to terminate the employment relationship with the mother.

How to apply?

The dismissal of an employee with a child or several children is not much different from the dismissal procedure for any employee in general, except for dismissal for caring for a child under 14 years of age.

Step-by-step instruction

If a woman resigns of her own free will, then an application is submitted within the time limits established by Article 81 of the Labor Code of the Russian Federation. Based on it, it has already been published.

If the reason for dismissal is child care, then this is indicated in the application. After which an order is issued, again with the wording to dismiss in connection with caring for a child under 14 years old.

By the way, the same entry is made in the work book, since a similar basis is provided for in the Instructions for maintaining labor books.

If the initiator of dismissal is the head of the enterprise, then, depending on the grounds for dismissal, a full package of documents confirming the validity of termination of cooperation is attached.

Let’s say that in the case of dismissal due to several reprimands, the dismissal order is issued as a result of the third offense. All documents documenting absenteeism or violation of reporting deadlines are attached to it.

Documentation

In accordance with the norms of Article 65 of the Labor Code of the Russian Federation, each worker, when hired, must provide only the established list of documents. It does not include documents on some benefits. But in order for a woman to be able to count on the protection of her maternal rights, she herself is obliged to notify the company about the presence of minor children.

In particular, for confirmation the company must provide the following copies of documents:

• birth certificate of children, even if some of them are over 14 years old, because a woman is considered to have many children until the eldest child turns 18 years old;
• certificate of status of a large family, if any;
• disability certificate for a child, but only up to 18 years of age;
• certificate of family composition.

Payments and compensations

Upon dismissal, a woman with a child is entitled to the same payments as other employees in a similar situation:

• wages for the last days of work;
• compensation for all days of unused rest, as well as time off, which, by the way, must be compensated upon dismissal in the same way as other days.

If there are unpaid days off, a woman is given a short leave without pay at her request before leaving. If they are subject to payment, then, accordingly, paid and short leave are provided.

Deadlines

Dismissing a woman is not a complicated procedure, and the terms of dismissal established by labor legislation apply to the worker in full.

An application for resignation at will must be submitted two weeks in advance. If the initiator of termination of cooperation is the employer, then dismissal can be made no later than a month from the moment the offense was committed.

How to protect your rights?

Considering the benefits and guarantees established at the legislative level for women who combine maternal responsibilities with work, the dismissal of a worker with violations can only be resolved in court.

The fact is that only on the basis of a court decision is it possible not only to be reinstated in the previous position, but also to punish the management of the enterprise with penalties for violating the rights granted to women by the state. A copy of the dismissal order, as well as documents confirming the age of the children, will need to be attached to the lawsuit.

But the court can be considered as a last resort, after dismissal.

If a woman has not yet been fired, but her superiors notify her of the termination of cooperation, even knowing about her rights, first you need to write a complaint to the Labor Inspectorate. Only through a complaint can you be reminded of your rights and avoid it.

Dismissing an employee with a child under age is, in many cases, fraught with consequences. That is why employers, even in the process of labor relations, should be more attentive to their colleagues. Benefits are provided to them for a reason, but so that they can harmoniously combine both work and raising children.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.