Minor workers are a special category of workers, whose activities are regulated by the Labor Code of the Russian Federation, but separate articles are devoted specifically to the work of minors. The work of minors is usually a forced measure, which is mainly taken by young people to earn money for themselves.
Let us consider in more detail the situation with vacations for minor workers.

Duration of leave for a minor employee according to the Labor Code of the Russian Federation
Article 267 of the Labor Code of the Russian Federation states that minor workers should be given 31 calendar days of leave, and at a time convenient for the workers. An employee's long-term annual paid leave is 28 calendar days, that is, those who have not reached the age of 18 are entitled to 3 additional days. In addition, the vacation of a company employee is carried out in accordance with, while minor employees can go on vacation at a time convenient for them, and no vacation schedule is an obstacle for them.

Additional guarantees for minors
In general, an employee is entitled to leave after half a year of work. After 6 months, employees can receive vacation only by agreement with the employer. Minors have the right to receive early leave without waiting half a year, but only upon application. Of course, in the event of dismissal, a recalculation will be made.

Persons under the age of 18 are prohibited from not providing annual paid leave. In the usual case, it is prohibited not to provide paid leave for two years. That is, for those under 18 years of age an additional guarantee has been made.

As a result, it is impossible (prohibited) to replace the annual leave of a minor with monetary compensation. This is where, perhaps, some would like to get extra money, because working before the age of 18 usually does not result from favorable conditions, but the law prohibits this, protecting teenagers from overwork.

In addition, minors are prohibited from being recalled from vacation. In the usual case, as described in our material, it is possible.

Additional leaves for minors
It must be remembered that in addition to annual paid leave, employees under the age of 18 are entitled to additional paid leave. For those who combine work and study, according to Article 116 of the Labor Code of the Russian Federation, additional leave while maintaining average earnings. This leave applies not only to those under 18, but must also be provided to minors, most of whom are studying.

Conclusion about leave of minor workers
The state has provided for the fact that citizens under 18 years of age can work. At the same time, additional guarantees are established for a minor employee under the Labor Code of the Russian Federation, which are mandatory for all employing companies.

The law does not prohibit providing work to minors. They, under the same conditions as the adult generation, claim the right to take annual paid leave. You can get an answer to the questions: how many days their vacation will last and on what grounds, in the article.

How many days of vacation do minor workers have under the Labor Code of the Russian Federation?

Many teenagers are ready to spend their free time from school usefully. To do this, they get a job on legal grounds. The competence of their work is assessed by the level and quality of the scope of duties performed. Age, according to the legislation of the Russian Federation, does not affect the refusal to employ a minor. While doing a lot of work, a person has the right to rest. Rights and obligations, duration - all this is regulated by Article 267 of the Labor Code of the Russian Federation.

Persons under 18 years of age are entitled to an annual paid leave of 31 calendar days. In addition, based on the material in Article 116, minors have the right to apply for an additional one. This is how students combine study and work.

Duration - 28 days. During the period of their absence, the employer is obliged to pay a minimum salary and guarantee a vacant position upon arrival back. The law also requires:

• Possibility to take a day off at your own expense for up to 24 days.
• Take time away from work for study or treatment.
• Up to a week off due to the death of a relative.
• The right to take up to 30 days of leave due to illness of a family member.

It is worth noting, according to Article 121 of the Labor Code of the Russian Federation, a minor employee has the right to go on vacation for 28 days, regardless of length of service. Also, persons under 18 years of age can split their vacation into parts. At the same time, according to the law, they must work: at the age of 14-16 years, up to five hours and until the age of 18, have no more than a seven-hour schedule.

When can a minor take leave?

A minor has the right to rest depending on the conditions specified in the schedule. Before the end of the working year, the employer, together with the employees, fills out a schedule for New Year according to the T-7 form. The journal records the planned month of vacation pay and its actual duration, namely a specific month. The planned one provides for a specific time in the year with a specified start and end date.

According to the law, in addition to the basic paid one - 28 days, an employee has the right to take additional and extraordinary ones, depending on the situation.

Procedure for granting leave to a minor employee

The registration procedure is as follows:

• The employee writes a statement. The document specifies the duration.
• These statements are included in the schedule.
• The manager provides three days' notice.
• Payment calculation.

Sample application for leave from a minor

A week before the start of the vacation, a statement is written. To make a correct application, you need:

• Write a document addressed to the manager.
• In the upper right corner, indicate information about the employer and applicant: full name, position, etc.
• Provide the full name of the organization.
• In the center, after the word “Application”, write down the planned date and duration.
• At the end of the document there is a date of preparation and a signature.

Compensation for unused vacation to a minor upon dismissal

Article 127 of the Labor Code of the Russian Federation states that all company employees receive compensation for vacation before leaving their position. The manager is notified of this in advance. Based on the data provided, the employer calculates the days.

The calculation formula is as follows: amount of compensation = level of earnings per day, which is multiplied by the length of unused weekends.

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Persons under 18 years of age enjoy the same rights in labor relations as their adult colleagues. At the same time, in a number of working conditions, this category of workers enjoys benefits and guarantees established by the Labor Code of the Russian Federation.

Minors have the right to... Its duration is regulated by Art. 267 of the Labor Code of the Russian Federation and is 31 calendar days (as opposed to 28 days for other categories of employees).

At the same time, a minor employee can take advantage of the opportunity to rest before the expiration of his six-month period at the enterprise. This is stated in the text of Art. 122 TK.

In fact, an employee under 18 years of age can request leave after 3 or even 2 months and the employer has no right to refuse him.

In addition to basic paid leave, teenagers have the right to receive. According to Art. 116 extra rest assigned to employees who combine work and study activities. An employee may request additional leave due to exams or intensive work. study load, its duration is determined in individually.

The right to paid leave and its duration do not depend on working conditions and the number of hours in a workday.

Both full-time employees and those who works on a reduced schedule. Minor workers have a prerogative in planning vacation: according to the same article. 267, it is provided at a time convenient for the employee.

This means that it is not necessary to coordinate with, even if it has already been approved, the rest time of such an employee; the minor has the right to go on vacation when it is convenient for him, and not for his superiors. In relation to minor employees it is not allowed:

• replacement of the legal 31 days of rest with monetary compensation (in whole or in part);
• transferring vacation to next year.

It is also impossible to transfer such employees to another position or them. An employee under 18 years of age can be dismissed during vacation only in the event of liquidation of the enterprise, and dismissal occurs on a general basis.

Procedure for granting leave to teenagers

Upon registration annual leave a minor employee requires the same documentation as in other cases. The employee writes a leave application using a single template.

This application is submitted to the employer, who puts a resolution (a mark of approval) on it. Document number, full name employee, and the dates of his leave are recorded in the application log. After this, the employer publishes according to the unified. When a minor employee signs on this document, the steps to register leave for him are over. The order is registered by the secretary in the order register.

Paid vacations for minors

The legislation does not provide special formulas for calculating vacation pay for teenage employees. This means that they are calculated using the same mechanism as for adult employees, the difference is only in days. To calculate the vacation amount, it is necessary to determine the average daily earnings. In this case, the calculation period does not take the last 12 months, as in standard cases, but the number of months worked by the teenager at this enterprise.

17-year-old Artem F., who worked as a cafeteria cleaner for 4 months, is going on vacation. What kind of vacation pay is he entitled to if the monthly salary with a reduced (4 hours) working day is 9 thousand rubles?

First, we calculate Artem’s average daily earnings using the formula:

SDZ = Zrp/4/29.3 days,

where Zrp is the accrued salary for the billing period (4 months), 29.3 is the number of calendar days in a month provided for by law. Therefore, the average daily salary of a teenager will be: 307.17 rubles.

Payments in this case are calculated using the formula:

O = SDZ x 31

For 31 days of his vacation, Artem will receive 9522.27 rubles.

Workers who have not yet turned 18 are guaranteed extended annual leave. Its duration is 31 days.

Even if a teenager works part-time, vacation time is not reduced.

Other privileges for minors noted in the Labor Code of the Russian Federation are also legal:

1. Leave can also be granted when the teenager has not yet worked for six months (Article 122 of the Labor Code).
2. He has the right to use all vacation days (31) in full.
3. The application can be written at any time convenient for the teenager. The employer cannot refuse him.
4. If vacation is used in advance and an employee resigns, part of the paid vacation pay is withheld from him. But this amount cannot exceed 20% of the minor’s earnings (Articles 137, 138 of the Labor Code).
5. By mutual agreement, paid leave can be divided into parts (Article 125). They can be used in any way that is convenient for the young employee.

If a minor not only works, but also studies, he has the right to add annual leave to the additional days of rest provided for by law for students.

Each enterprise has developed a vacation schedule for employees. But for those workers who are under 18, it is not an obstacle. Minors can go on vacation regardless of what is written in the schedule.

Additional guarantees in the Labor Code for granting leave to a child under 18 years of age

When a minor officially works at an enterprise, he has the following guarantees:

1. The employer cannot refuse him leave.
2. Rest days are not allowed to be transferred to the next year, even when a minor requests it.
3. It is prohibited to replace vacation with monetary compensation. It is carried out only in the event of dismissal of an employee. Then compensation is paid for unused rest days.
4. It is prohibited to recall a minor from leave. If such a need arises, his functions will be performed by another employee.

A working child under 18 must go on vacation once a year.

Labor Code also provides for the extension or postponement of rest days if during this period the teenager became ill and received a certificate of incapacity for work.

A child who has not yet turned 18 cannot be recalled from vacation, rescheduled or postponed, no matter what happens at the enterprise where he works. Due to production needs, this can only be done with adults.

Features of providing leave

All working teenagers enjoy the right to longer vacations and other privileges. What if the child turns 18 after he has already worked for some time in the company? How to arrange a vacation so as not to violate his rights and legislation?

Questions that need to be resolved correctly:

• what is the duration of the vacation;
• is it permissible to refuse an employee and postpone the rest days to another time;
• does the employer have the right to call such an employee back from vacation?

In such a situation, the amount of leave is calculated proportionally. It is necessary to take into account the time worked before reaching adulthood and after turning 18.

An employer does not have the right to refuse leave to a minor, even if he has not worked for six months at the enterprise. Although this may create problems in the functioning of the company, the law is on the side of teenagers. Therefore, employers need to be flexible in their relationships with minors so as not to harm their business and comply with legal requirements.

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Minors - special social group; an entire chapter is devoted to the application of labor in the Labor Code of the Russian Federation (Chapter 42 of the Labor Code of the Russian Federation of December 30, 2001 N 197-FZ; adopted by the State Duma of the Federal Assembly of the Russian Federation on December 21, 2001). At the same time, a number of provisions concerning the use of their labor are enshrined in other chapters of the Labor Code of the Russian Federation. Restrictions on the use of teenage labor are aimed primarily at preventing negative influence production factors on development, health, moral and mental condition minor.

Age

The Labor Code determines the age at which citizens are hired - 16 years. It is possible to hire from the age of 15 persons who have received a basic education general education or left in accordance with federal law educational institution. But when concluding an employment contract with a minor worker, there are some nuances.

Article 63 of the Labor Code of the Russian Federation allows concluding an agreement only with persons over 16 years of age. Those who are younger can only sign an employment contract if they have already completed their studies at school.

Employment of persons over 14 years of age is permitted. Based on Part 3 of Article 63 of the Labor Code of the Russian Federation mandatory conditions to conclude an employment contract with this category are: written consent of one of the parents (guardian, trustee) and the guardianship and trusteeship authority; work should not interfere with studies; the work should be easy and not cause harm to the teenager’s health. If the contract is concluded for the first time, the organization is obliged to issue the teenager work book and state certificate pension insurance(Article 65 of the Labor Code of the Russian Federation).

There is a provision in the Labor Code of the Russian Federation that determines the possibility of entering into labor Relations minors under 14 years of age. This exception on the basis of Part 4 of Article 63 of the Labor Code of the Russian Federation is established for cinematography organizations, theaters, theatrical and concert organizations, circuses in relation to minors for participation in the creation and (or) performance of works without harm to health and moral development.

Article 70 of the Labor Code of the Russian Federation indicates that an organization does not have the right to establish for a minor probation. Before starting to work in an organization, a minor is required to undergo a medical examination (Article 266 of the Labor Code of the Russian Federation). Thereafter, the employee must undergo a medical examination annually until he reaches 18 years of age.

Working hours

Workers under 18 years of age have reduced working hours. Article 91 of the Labor Code of the Russian Federation establishes the normal length of the working week - 40 hours. But it should be borne in mind that for employees under 18 years of age, a reduced work week(Article 92 of the Labor Code of the Russian Federation), namely: for workers under 16 years old - no more than 24 hours; for workers from 16 to 18 years old - no more than 36 hours; for workers under 16 years of age studying at any educational institution - no more than 12 hours; for workers from 16 to 18 years of age studying in any educational institution - no more than 18 hours. In addition, Article 94 of the Labor Code of the Russian Federation also establishes for minors the maximum permissible duration of daily work (shift): for workers aged 15 to 16 years - no more than 5 hours; for workers aged 16 to 18 years - no more than 7 hours; for students of general education institutions, primary and secondary educational institutions vocational education those who combine study with work during the academic year, aged from fourteen to sixteen years - no more than 2.5 hours; for students of general education institutions, educational institutions of primary and secondary vocational education, combining study with work during the academic year, aged from sixteen to eighteen years - no more than 3.5 hours.
Based on Part 3 of Article 176 of the Labor Code of the Russian Federation for workers studying in evening (shift) in general educational institutions, during the school year, a working week is established at their request, shortened by one working day or by the corresponding number of working hours (if the working day is shortened during the week). During the period of release from work, employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.

Works where the use of labor is prohibitedminors

Current legislation imposes restrictions on the employment of persons under the age of 18. These restrictions are due to: working conditions; the weight of the load carried or moved by the employee; the nature of the work performed; work regime. It is not permitted to employ persons under the age of 18 to work with hazardous and/or dangerous conditions labor. According to Art. 265 of the Labor Code of the Russian Federation, minors cannot be employed in: underground work; work that may harm their health and moral development (for example, in the gambling business, in night cabarets and clubs, as well as in the transportation, production and trade of alcoholic beverages or tobacco products); heavy work Oh; working in harmful or dangerous working conditions.
The list of heavy work and work with harmful and dangerous working conditions, in which it is prohibited to use the labor of persons under 18 years of age, was approved by Decree of the Government of the Russian Federation of February 25, 2000 N 163.

In addition, the Labor Code of the Russian Federation prohibits: involving minors in overtime work; call on the night shift and on weekends: the prohibition of using minors at night is established by Article 96 of the Labor Code of the Russian Federation. The work shift of an employee under 18 years of age must begin no earlier than 6 a.m. and end no later than 10 p.m.

Workers under 18 years of age cannot be sent to business trips. This restriction also applies to business trips in the same area, when the employee has the opportunity to return home every day. As an exception, according to Article 268 of the Labor Code of the Russian Federation, the employer is allowed to send on business trips, engage in overtime work, work at night, on weekends and non-working days. holidays minors who are creative workers in the media, cinematography organizations, theaters, theater and concert organizations, circuses and participate in the creation and (or) performance of works, as well as professional athletes. Lists of such professions are 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. Until such lists are established, sending minors on business trips, engaging them in overtime work, night work, on weekends and non-working holidays is impossible.

Production standards and wages

Article 270 of the Labor Code of the Russian Federation stipulates that production standards for persons under 18 years of age are determined based on the general standards established for adult workers, in proportion to the reduced working hours established for minors.
Thus, for minors aged 16 to 18 years, the production rate established for adult workers working 40 hours a week is recalculated in proportion to the reduced working hours established for them, namely, in relation to 36 hours a week.

Article 271 of the Labor Code of the Russian Federation establishes the following remuneration for workers under the age of 18: with a time-based wage system, wages for minor workers are paid on the basis of established tariff rates, official salaries in proportion to the time worked - respectively 36 hours or 24 hours a week (not combining training with labor) and 18 hours or 12 hours a week (combining training with labor in free time). Under the piece-rate wage system, the work of persons under 18 years of age is paid at the established piece-rate rates for adult workers, taking into account the production norm established for young workers. For workers under the age of eighteen, studying in general education institutions, educational institutions of primary, secondary and higher vocational education and working in their free time from study, payment is made in proportion to the time worked or depending on output. The employer can provide these employees with additional wages at their own expense.

Leave of absence for minor workers. Employees under the age of 18 are provided with annual basic paid leave of 31 calendar days at a time convenient for them (Article 167 of the Labor Code of the Russian Federation). This applies to all minor workers, incl. part-time workers work time. During labor activity For a minor employee, it is not allowed to replace annual paid leave with monetary compensation (Article 126 of the Labor Code of the Russian Federation). Payment of monetary compensation is possible only in the event of termination of the employment contract.
The Labor Code of the Russian Federation provides for the possibility of providing minor workers with additional paid leaves provided for by law, as well as collective and employment contracts. Thus, an employee who combines work with study is entitled to additional leave while maintaining average earnings, so that the teenager has time to prepare and pass exams and tests. Also, at the request of the student, the organization is obliged to put him on leave without saving wages. For example, to pass entrance exams.

The material was prepared based on information from open sources