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Working conditions and procedure for dismissal of minors. Dismissal of a minor without violations Dismissal of a minor employee

Can you be fired from your job if you have a minor child?

This question worries many working mothers, because now it’s not so easy to find a new place.

Employees with small children have certain labor protections that provide them with strong legal protection. However, there are a number of cases when even they are not able to protect a woman from dismissal.

In accordance with Art. 261 of the Labor Code of the Russian Federation, the reason for the legal dismissal of an employee raising a child under 18 years of age may be:

Dissemination of secret or classified information;
Theft, embezzlement of property belonging to the enterprise, or committing actions that led to financial losses.

Failure to comply with labor protection, resulting in serious consequences (accidents, accidents, disasters, etc.).

Violation of discipline. If an employee appears at the workplace in a state of intoxication (alcohol, toxic or drug), he can be fired even if he has minor children. Important! Many believe that one violation of production and labor discipline is not enough to be fired. In fact, such situations arise quite often. The main thing is that all of them are correctly documented (in the form of acts, protocols or memos).

Loss of trust from the employer.

Commitment of immoral acts by an employee performing educational functions.

Regular absences. If a subordinate was not at work the whole day or did not show up for work within 4 hours from the start of the shift, the management of the enterprise has every right to initiate the dismissal procedure. Important! If the employment contract does not clearly define the employee’s workplace, then his absence from work for a certain period of time cannot be considered as absenteeism. However, in this case, the person must be on the territory of the enterprise!

It should also be noted that an employer cannot fire an employee during a period of vacation or temporary disability. The only exception is the liquidation or dissolution of the organization.

All other actions are illegal and can be appealed in court no later than 1 month from the date of dismissal (Article 392 of the Labor Code of the Russian Federation).

When initiating the dismissal of an employee, the head of the enterprise is obliged to submit documents that confirm the validity of the termination of cooperation.

Can a single mother with a minor child be laid off? Russian legislation (Article 261 of the Labor Code of the Russian Federation) prohibits “reducing” subordinates if:

They independently raise a child under 14 years of age;
The family has several children under 18 years of age.

If a woman with a minor child has been laid off, but another employee who does not have such benefits has retained her job, she can seek help from judicial or supervisory authorities.

Since we are talking about a violation of labor laws, the woman will not only be reinstated in her job, but will also receive a salary for the days she was absent.

If the layoff has not yet occurred, but the employee has already been warned about it, she can defend her rights in the labor inspectorate.

If the dismissal does take place, an appeal to the labor inspectorate will testify in favor of the victim.

In addition, the labor inspector will be obliged to provide her with full legal assistance.

When a staff reduction occurs due to the cessation of work of an enterprise, the employer is obliged to provide the dismissed employee raising a minor child with an alternative vacancy that will correspond to his qualifications and salary.

If such options are not available, the employer may offer a position with a lower salary level. If there is no such job or the person refuses the offered vacancy, the company terminates the employment contract.

At the same time, it pays the following compensation to the laid-off employee:

Note! Sometimes, in order to retain more jobs, the enterprise establishes part-time work. But don’t be fooled – this is a forced measure that only lasts for six months.

If a woman intends to terminate the employment contract of her own free will, she must notify the employer of this within 14 days (Article 80 of the Labor Code of the Russian Federation).

By accommodating the mother, management can dismiss her without working for 2 weeks if she has minor children.

Note! When resigning at her own request, a woman can ask that the following entry be made in her work book: “dismissed due to caring for a child under 14 years of age.”

This is a completely justified requirement, which gives the right to benefits when registering with the Employment Center.

The nuances of dismissal of women with minor children

Restrictions on dismissal of women largely depend on the age of the child - the younger he is, the greater the degree of protection she has.

For workers caring for children under 3 years of age, there are a number of guarantees.

On the basis of Article 256 of the Labor Code of the Russian Federation, their position is retained even with staff reductions and other personnel changes (the only exceptions are serious offenses or guilty actions).

In addition, such workers have the right to interrupt their vacation early, apply for part-time work and work from home while maintaining their salary (Article 256 of the Labor Code of the Russian Federation).

Children under 14 years old

Based on Art. 261 of the Labor Code of the Russian Federation, the dismissal of a mother raising a child from 3 to 14 years old is allowed only in special cases (for example, for immoral behavior).

In addition, such workers may demand a reduction in responsibilities and the establishment of a part-time work shift/week.

Mother of a disabled child

According to Art. 261 of the Labor Code of the Russian Federation, an employer does not have the right to dismiss the mother of a disabled child until he turns 18 years old.

Termination of an employment contract is possible only if the enterprise is liquidated or the woman commits serious offenses.

Can a woman with two minor children be fired??

According to the law (Article 179 of the Labor Code of the Russian Federation), an employee raising two or more children has a significant advantage over her colleagues:

She is not subject to staff reduction even when the children are already 18 years old, but have not yet managed to get a job;
She cannot be fired if she is the only breadwinner in the family (the father is not employed).

Single mothers

Is it possible to fire a single mother with a minor child from her job? In accordance with Article 261 of the Labor Code of the Russian Federation, she cannot be dismissed until the latter turns 14 years old.

All of the above guarantees are valid only until the child turns 18 years old.

As you can see, our state has created all the conditions so that employees with small children do not worry about unjustified loss of work and feel protected.

A minor employee hired to work on the basis of an employment contract may be dismissed at his own request, by agreement of the parties, or on the initiative of the employer. In the article we will analyze what compensation for the dismissal of a minor is provided for by the current labor legislation, and also, using examples, we will calculate the amount of payments due to a minor employee upon dismissal.

Attracting minors to work: the position of the Labor Code of the Russian Federation

Current labor legislation allows employers to employ persons under 18 years of age in the following order:

Citizens over 16 years old belong to the category of able-bodied persons whose employment is carried out by concluding an employment contract. The parties to the agreement are the employer and the minor.
Employment of persons by age from 14 to 16 years old is carried out with the written consent of the legal representative of the minor (parent, adoptive parent, trustee, representative of the state guardianship authority, etc.), and also provided that the work process does not cause harm to health and does not interfere with learning.
The Labor Code of the Russian Federation provides for the possibility of employment of persons under 14 years of age , by engaging in work in theaters, concerts, cinematography, etc., with the written consent of parents (guardians) and provided that participation in theatrical, concert, and other productions is carried out without harm to health, moral development, without damage learning process.

Labor guarantees for minors

Chapter 42 of the Labor Code of the Russian Federation regulates the procedure for providing labor guarantees to minors in terms of labor standardization, provision of rest days, termination of labor relations, etc.

The list of labor guarantees for minor employees under the Labor Code of the Russian Federation is in the table below:

No.	Type of labor guarantees for minors	Regulations of the Labor Code of the Russian Federation	Description
1	Prohibition on engaging in hazardous/harmful work	Art. 265 Labor Code of the Russian Federation	A minor employee cannot be involved in work in harmful/dangerous conditions. In addition, the work responsibilities of a minor cannot include carrying heavy loads in excess of the established standards. Also, a minor cannot be employed in an organization whose type of activity may harm the moral development of the minor, in particular: gambling business; night clubs, cabarets; production, trade, transportation of alcohol or tobacco products.
2	Prohibition on overtime work	Art. 268 Labor Code of the Russian Federation	An employer does not have the right to involve a deficient employee in: overtime work; work at night (from 23:00 to 06:00); work on weekends and holidays. In addition, a minor employee cannot be sent on a business trip.
	Right to annual leave	Art. 267 Labor Code of the Russian Federation	When employing an employee under 18 years of age, the employer is obliged to provide such employee with annual paid leave for a period of 31 calendar days at any convenient time, based on an application ⇒ .
	Special procedure for dismissal at the initiative of the employer	Art. 269 Labor Code of the Russian Federation	Termination of an employment contract with a minor at the initiative of the employer (reduction of staff, violation of labor discipline by the employee) is carried out with the written consent of the GIT body and the labor commission for minors.

Termination of an employment contract with a minor

The labor relations between an employer and a minor employee are subject to the basic provisions of the Labor Code of the Russian Federation.

An employment contract with a minor employee can be terminated on the following grounds:

at the employee’s own request, based on an application submitted at least 2 weeks before the planned dismissal;
at the initiative of the employer (in connection with the liquidation of the organization, reduction of staff, in connection with the employee’s violation of labor discipline, labor rules, conditions, employment contract, other conditions in accordance with Article 81 of the Labor Code of the Russian Federation);
by agreement of the parties in accordance with Art. 78 Labor Code of the Russian Federation.

An order to dismiss a minor is drawn up in the general manner - using a unified form or in free form.

If the termination of an employment contract with a minor is carried out at the initiative of the employer (except for the liquidation of the enterprise), then the dismissal order must contain the following column:

“The reasoned opinion of the elected trade union body in writing (from “__” _____ 20__ N __) has been considered.”

After the order is drawn up and signed by the manager, the document is handed over to the minor employee for review. In cases of termination of an employment contract with a person under 14 years of age, the dismissal order is transferred to the legal representative of the minor employee.

Compensation upon dismissal of a minor

When terminating an employment contract with a minor employee, the employer is obliged to make payments and compensations provided for by the current norms of the Labor Code of the Russian Federation, namely to pay:

salary for hours worked;
compensation for unused vacation;
severance pay (in case of dismissal due to reduction or in connection with liquidation).

We will consider the procedure and examples of calculating compensation for the dismissal of a minor below.

Salary

When hiring a minor, the employer establishes and agrees with the employee a monthly remuneration, the amount of which is approved by the parties signing an employment contract. At the same time, on the basis of Art. 92 of the Labor Code of the Russian Federation, the employer has the right to attract minor employees to work only on the terms of a shortened working day, the duration of which is:

up to 24 hours a week – for workers under 16 years of age;
up to 35 hours a week – for workers aged 16 to 18 years.

Based on Art. 270 of the Labor Code of the Russian Federation, the establishment of a working time regime taking into account the requirements of the Labor Code of the Russian Federation and the determination of the amount of remuneration for a minor is carried out taking into account general production standards. This means that the employer calculates the salary of a minor employee based on general standards, but in proportion to the established shortened schedule.

When dismissing an employee, the employer pays wages based on the number of days (shifts) worked in the reporting month. When calculating the payment, the employer takes into account the amount of the advance payment.

The salary of a minor, paid upon dismissal, is subject to personal income tax and insurance contributions in the general manner.

Let's look at an example . Kondratyev S.D. (17 years old) was hired at Optima LLC in the delivery department as a courier.

According to the staffing table, the salary of a courier in the delivery department is calculated in shifts - 775 rubles / shift with an established schedule of a 40-hour work week (8-hour workday, 5 working days, 2 days off).

Based on Kondratyev’s employment contract, the following was established:

shortened work schedule – 35-hour work week (7-hour work day, 5 work days, 2 days off);
salary is proportional to the schedule - 678 rubles/shift. (775 RUR / 8 hours * 7 hours).

According to the Remuneration Procedure of Optima LLC, salaries in the organization are paid twice a month: advance payment on the 15th of the current month, salary on the 5th of the next month.

On November 5, 2020, Kondratyev received a salary for October in the amount of 15,594 rubles. (23 shifts * 678 rub.). The payment amount minus personal income tax was 13,566.78 rubles. (Personal income tax 13% * 15,594 rubles = 2,027.22 rubles).

On November 09, 2020, Kondratyev was dismissed at his own request. In November, Kondratyev worked 7 shifts.

On the day of dismissal, the accountant of Optima LLC:

accrued Kondratyev's salary for November in the amount of 4,746 rubles. (7 shifts * 678 rub.);
withheld personal income tax of 616.98 rubles. (RUB 4,746 * 13%);
paid a salary of 4.29.02 rubles. (RUB 4,746 – RUB 616.98).

Insurance premiums are calculated on the payment amount in accordance with the general procedure.

Compensation for unused vacation

According to Art. 267 of the Labor Code of the Russian Federation, a minor is given the right to annual paid leave of 31 calendar days.

If at the time of dismissal a minor employee has days of unused vacation, the employer pays the employee compensation in the amount of average earnings for each day of rest.

Average earnings for calculating vacation compensation are determined for a billing period equal to 12 months preceding the month of dismissal.

When calculating average earnings, the total income paid to a minor under an employment contract (salary, bonuses, allowances, additional payments) is taken into account.

The formula for calculating average earnings to compensate for leave for a minor is as follows:

SrZar vacation compensation = Income / 12 months. / 29.3,

Where Income– the amount of income of the minor during the reporting period;
29,3 – the average number of calendar days in a month.

The amount of compensation is determined by the formula:

Vacation compensation = Salary * CalDn,

Where SrZar– average earnings for the billing period;
ColDn– the number of calendar days of unused vacation.

Compensation for unused vacation is paid on the day of dismissal of the minor, taking into account the withholding of the amount of personal income tax.

Let's look at an example. 01.11.2017 Grigoriev D.L. (16 years old) was hired by Chance LLC as an assistant sales manager with a salary of 16,000 rubles.

On November 1, 2020, Grigoriev was dismissed at his own request.

During the year of work at Chance LLC, Grigoriev was accrued 31 days of paid leave, of which the employee used 25 days.

The accountant of Chance LLC calculated compensation for Grigoriev’s unused vacation (6 days) in the following order:

The calculation period for determining average earnings is 01.11.17 – 31.10.18.
Income for the billing period – 192,000 rubles. (RUB 16,000 * 12 months).
Average earnings – 546.08 rubles. (RUB 192,000 / 12 months / 29.3).
The amount of accrued compensation is RUB 3,276.45. (RUB 546.08 * 6 days).
Personal income tax withheld - 425.94 rubles. (RUB 3,276.45 * 13%).
Compensation paid - 2,850.51 rubles. (RUB 3,276.45 – RUB 425.94).

Compensation was paid to Grigoriev on the day of dismissal - November 1, 2020.

Severance pay

Upon dismissal due to the liquidation of an enterprise or staff reduction, a minor is paid severance pay in the amount of average monthly earnings:

Exit Benefit = Income / 12 months,

Where Income– the amount of the employee’s income for the billing period equal to the 12 months preceding the month of dismissal.

Unlike compensation for unused vacation, the amount of severance pay paid to a minor upon dismissal is not subject to personal income tax and insurance contributions.

Let's look at an example . On September 1, 2020, Stepanov, an employee of Kulinar LLC (17 years old), received notice of dismissal due to the liquidation of the enterprise.

The actual termination of the employment relationship was formalized 2 months later – November 1, 2020.

On the day of dismissal, Stepanov was paid a salary for 1 working day of the reporting period (01.11.18), compensation for unused vacation, as well as severance pay.

The severance pay was calculated for the billing period from 11/01/17 to 10/31/18, during which the income amounted to 200,300 rubles.

The amount of benefits paid to Stepanov amounted to 16,691.67 rubles. (RUB 200,300 / 12 months).

Severance pay was paid to Stepanov without withholding personal income tax.

The Labor Code of the Russian Federation distinguishes minor workers into a separate category, which is provided with certain guarantees and benefits, including upon dismissal, although not for all reasons. Is it possible to fire a minor at his own request? Are additional procedures required 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 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.

Grounds for dismissal	Procedure	GIT permission	Permission from the Commission on Minors' Affairs
Agreement of the parties	Regular	Not required	Not required
Own desire	Regular	Not required	Not required
Staff reduction	Regular	Consent must be obtained	Consent must be obtained
Liquidation of the enterprise	Regular	Not required	Not required
Dismissal for negative reasons (absenteeism, alcohol intoxication, loss of confidence, etc.)	Regular	Consent must be obtained	Consent must be obtained
Expiration of the employment contract	Regular	Not required	Not required
Providing false documents	Regular	Consent must be obtained	Consent must be obtained
Prohibition from holding this position for medical reasons	Regular	Not required	Not required

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 may 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 the work off. It's wrong 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:

The employee submits a statement to the employer on March 1 with a request to dismiss him on March 5.
The employer writes a resolution on the application: “dismiss with service on March 15” and sends it to the personnel department.
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 should keep for himself and indicate on it the date of receipt of the second copy by the manager.

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:

Full name, position and department in which the dismissed employee worked.
Date of dismissal, and details of the employment contract that is terminated by this order.
The basis for issuing the order, in this case, is the statement of the dismissed person.
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.
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:

Type of payment	Payment amount	Payment term
Salary for 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 leave	On the day of dismissal
Other payments provided for by the Labor Code of the Russian Federation and local regulations of the employer (redundancy benefits, financial assistance, etc.)	In the amount of average monthly earnings or in the amount established by the employer	Within the time limits provided by law.

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.

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 labor activities include casinos, entertainment clubs, bars, production and transportation, trade in alcoholic beverages, tobacco, and toxic goods.

The legislator considered that the character of a 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 persons 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 responses 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. 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.

Read also: Is vacation accrued during parental leave?

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:

The employer is obliged, by sending an appropriate request, to obtain the consent of the State Tax 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.
A request to the authorized bodies for permission to dismiss should be made in person or via email.

3.1.5. Dismissal of minor workers

Russian labor legislation clearly formulates the grounds and procedure for terminating an employment relationship (employment contract).

In accordance with Art. 29 of the Labor Code of the Russian Federation, the grounds for termination of an employment contract are: 1)

agreement of the parties; 2)

expiration of the term (clauses 2 and 3 of Article 17 of the Labor Code of the Russian Federation), except in cases where the labor relationship actually continues and neither party has demanded its termination; 3)

the employee's conscription or entry into military service; 4)

termination of an employment agreement (contract) at the initiative of the employee (Articles 31-32 of the Labor Code of the Russian Federation), at the initiative of the administration (Article 33 of the Labor Code of the Russian Federation) or at the request of the trade union body (Article 37 of the Labor Code of the Russian Federation); 5)

transfer of an employee, with his consent, to another enterprise, institution, organization or transfer to an elective position; 6)

refusal of an employee to be transferred to work in another location together with an enterprise, institution, organization, as well as refusal to continue work due to a change in significant working conditions; 7)

the entry into force of a court sentence by which an employee is sentenced (except for cases of suspended sentence and deferred execution of a sentence) to imprisonment, correctional labor outside the place of work, or to another punishment that precludes the possibility of continuing this work.

The transfer of an enterprise, institution, or organization from the subordination of one body to the subordination of another does not terminate the validity of the employment agreement (contract). When the owner of an enterprise changes, as well as its reorganization (merger, accession, division, transformation), labor relations, with the consent of the employee, continue; In these cases, termination of an employment agreement (contract) at the initiative of the administration is possible only if the number or staff of employees is reduced.

Termination of an employment contract with a minor employee is also possible on the following grounds: 1)

liquidation of an enterprise, institution, organization, reduction in the number or staff of employees; 2)

discovered inconsistency of the employee with the position held or the work performed due to insufficient qualifications or health conditions that prevent the continuation of this work; 3)

systematic failure by an employee, without good reason, to fulfill the duties assigned to him by an employment agreement (contract) or internal labor regulations, if disciplinary or public sanctions have previously been applied to the employee; 4)

absenteeism (including absence from work for more than three hours during

working day) without good reason; 5)

absence from work for more than four months in a row due to temporary disability, not counting maternity leave, unless the law establishes a longer period for maintaining a job (position) in case of a certain illness. For employees who have lost their ability to work due to a work injury or occupational disease, their place of work (position) is retained until their ability to work is restored or disability is established; 6)

reinstatement of an employee who previously performed this work; 7)

appearing at work drunk, under the influence of drugs or toxic substances; 8)

committing theft (including minor) of state or public property at the place of work, established by a court verdict that has entered into legal force or a resolution of an authority whose competence includes the imposition of an administrative penalty or the use of public enforcement measures.

It is not permitted to dismiss an employee on the initiative of the administration during a period of temporary incapacity for work and while the employee is on annual leave, with the exception of cases of complete liquidation of an enterprise, institution,

In order to protect minor workers from illegal and unjustified dismissal, Russian labor legislation provides additional guarantees for minor workers upon termination of an employment contract.

Article 183 of the Labor Code of the Russian Federation establishes that termination of an employment agreement (contract) with employees under 18 years of age at the initiative of the employer, in addition to compliance with the general procedure for dismissal, is allowed only with the consent of the state labor inspectorate of the constituent entity of the Russian Federation and the district (city) commission for minors. At the same time, termination of an employment agreement (contract) on the grounds specified in paragraphs 1, 2 and 6 of Article 33 of the Labor Code of the Russian Federation is carried out only in exceptional cases and is not allowed without subsequent employment.

When an employee is dismissed, an entry about the reasons for dismissal is made in his work book. Entries about the reasons for dismissal in the work book must be made in strict accordance with the wording of the current legislation and with reference to the relevant article, paragraph of the law. Upon termination of an employment contract at the initiative of the employee due to illness, disability, retirement in old age, enrollment in a higher or secondary specialized educational institution or graduate school and for other reasons with which the law relates to the provision of certain benefits and benefits, a record of dismissal entered into the work book indicating these reasons.

If there is a delay in issuing a work book due to the fault of the administration, the employee is paid the average salary for the entire period of forced absence.

At the request of the employee, the administration is obliged to issue the employee a certificate of work (Article 40 of the Labor Code of the Russian Federation).

Article 40. Issuance of certificates of work and wages

The administration is obliged to issue the employee, at his request, a certificate of work at a given enterprise, institution, or organization indicating his specialty, qualifications, position, hours of work and salary.

When an employee is dismissed, payment of all amounts due to him from the enterprise, institution, or organization is made on the day of dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amount of amounts due to the employee upon dismissal, the administration is in any case obliged to pay the amount not disputed by it within the period specified in Article 98 of the Labor Code of the Russian Federation. Scheme No. 1. Procedure for resolving collective labor disputes

Features of dismissal of a minor for guilty actions

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Dismissing a minor employee even for guilty actions is not so easy. The employer must follow the general procedure and additionally obtain the consent of the labor inspectorate and the commission on minors' affairs. If this is not done, then the court may reinstate the employee at work 1. However, the law does not establish the procedure for obtaining consent. In this article we will look at how to correctly draw up a request for the dismissal of a minor, how to meet the deadlines for applying a disciplinary sanction and formalize his dismissal in connection with the commission of guilty actions.

What are the grounds for dismissal?

Depending on the presence or absence of the employee’s guilt, all grounds for termination of an employment contract at the initiative of the employer can be divided into two groups:

Grounds related to the employee’s guilty actions;
- grounds independent of the employee’s actions.

Obtaining consent to dismiss a minor

To dismiss a minor employee, it is necessary to obtain the consent of two bodies: the state labor inspectorate and the commission for minors and the protection of their rights at the employee’s place of residence (Article 269 of the Labor Code of the Russian Federation, paragraph 23 of the resolution of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 No. 1 ). The exception is cases of dismissal due to the liquidation of an organization or termination of activities by an individual entrepreneur (Clause 1, Part 1, Article 81 of the Labor Code of the Russian Federation).

However, in practice the following question may arise. How to obtain the consent of these authorities and meet the dismissal deadline. The fact is that they consider written appeals within 30 days from the date of registration (Part 1 of Article 12 of the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”, hereinafter referred to as Law No. 59 -FZ). And when dismissal is a disciplinary measure, then the employment contract must be terminated no later than one month from the date of discovery of the relevant offense (part three of Article 193 of the Labor Code of the Russian Federation).

In this situation, we recommend that you submit requests directly to the office of these bodies in person or by email (Part 4 of Article 10 of Law No. 59-FZ). The form for requesting consent to dismiss a minor is not established by law, so the employer has the right to draw it up in any form. In the document, it is important to indicate the reasons and grounds for the planned dismissal of the employee, the details of his employment contract, as well as the address of the company and the form of the desired response to the appeal (sample below). The request must be accompanied by all documents that confirm the fact that the minor committed guilty actions (acts, reports or memos, explanatory notes, medical report, etc.).

Procedure for registering dismissal

Termination of an employment contract with a minor occurs in accordance with the general procedure. The employer issues a dismissal order, makes an entry in the work book, the employee’s personal card and makes the final payment.

Order of dismissal. After the consent of the State Labor Inspectorate and the Commission on Minors' Affairs is received, the employer issues an order to terminate the employment contract. If at least one department is against it, and the employee is fired anyway, then there is a high risk that the court will declare the dismissal illegal and will oblige the organization to reinstate the employee at work and pay him for the time of forced absence (Article 394 of the Labor Code of the Russian Federation).

The dismissal order is drawn up according to the unified form No. T-8 or another approved by the organization (sample below). The document indicates full name. the employee, his position, date, reason for dismissal, as well as documents confirming the fact of the commission of an offense. The employee must be familiarized with the order against signature.

Work book and personal card. An entry on dismissal in the work book (sample below) and a personal card are made in strict accordance with the wording of the Labor Code with reference to the relevant article, part of the article and paragraph (Article 84.1 of the Labor Code of the Russian Federation, clauses 12, 14 of the Rules approved by the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225).

On the last day of work, the employee must be given a work book and a settlement must be made with him, including compensation for all unused vacations (Article 84.1, 140 of the Labor Code of the Russian Federation). When calculating compensation, it is important to remember that the duration of leave for minor workers is 31 calendar days (Article 267 of the Labor Code of the Russian Federation).

Important Takeaways

1. The employer must obtain the consent of the State Labor Inspectorate and the Commission on Minors' Affairs to dismiss an employee under 18 years of age in all cases, with the exception of dismissal in connection with the liquidation of the organization or termination of activities by an individual entrepreneur.

2. It is better to submit a request for consent to these authorities in person or by email. This will allow you to meet the deadline for dismissal.

3. Even if a minor is dismissed for culpable reasons, on the last day of work he must be given a work book, a settlement must be made with him and compensation for all unused vacations must be given.

1 Paragraph 23 of the resolution of the Plenum of the Supreme Court of the Russian Federation of January 28, 2014 No. 1, cassation ruling of the Rostov Regional Court of September 26, 2011 No. 33-13173.

City not specified

Article 269 of the Labor Code of the Russian Federation establishes special requirements that an employer must comply with when dismissing a minor employee at the initiative of the employer.
To dismiss a minor employee, you must obtain consent:
- state labor inspection;
- commission on affairs of minors and protection of their rights.

This requirement is relevant for all grounds for dismissal at the initiative of the employer, with the exception of cases where dismissal is made in connection with the liquidation of the organization or termination of the activities of an individual entrepreneur.

Lack of consent is grounds for declaring the dismissal illegal (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 28, 2014 No. 1 “On the application of legislation regulating the work of women, persons with family responsibilities and minors”).

Issues related to the activities of commissions are assigned by law to the competence of regional authorities. These commissions are created in the manner established by the legislation of the constituent entity of the Russian Federation. The procedure for the activities of these commissions is also determined by the legislation of the constituent entity of the Russian Federation. This procedure must be developed and approved in the regions taking into account the requirements of the Model Regulations on Commissions for Minors and the Protection of Their Rights, approved by Decree of the Government of the Russian Federation of November 6, 2013 No. 995, and cannot contradict it.

The commission must establish that when terminating an employment contract, the rights of a teenager are not violated

The issue of dismissal of a minor employee is considered at a scheduled or extraordinary meeting of the commission. Based on the results of the consideration, the commission makes a decision to give consent to the dismissal of a minor employee or to refuse (Article 11 of Law No. 120 of the Federal Law, subparagraph “c” of paragraph 7 of the Model Regulations on Commissions).

That is, even if the employer has every reason to part with an unsuitable employee, in the case of a minor it is necessary:
- firstly, draw up two written requests for the consent of the specified departments to dismiss.
A request to dismiss a teenager is sent to the state labor inspectorate and the commission for minors and the protection of their rights at his place of residence;
- secondly, receive positive written responses to requests;
- thirdly, issue an order to dismiss the child.

If the answers are negative, dismiss the teenager on the grounds provided for in Art. 81 of the Labor Code of the Russian Federation, it is impossible until he reaches the age of 18 years. But the employer has the right to appeal the refusal administratively or judicially (clause 23 of the Model Regulations on Commissions).

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Dismissal of a minor

In accordance with current legislation, minors in our country have the right to work, but with certain restrictions. They concern both the requirements for the workers themselves and the company employing them.

Dismissal of a minor at his own request is a fairly common procedure in the modern world. Persons under 18 years of age 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 defined 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 or in positions with full financial responsibility, as well as in religious organizations. The procedure for dismissing a minor is also not without specifics.

An employment contract with a minor employee can be terminated on the 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 18 years of age is the same as for other employees.

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Mandatory actions when dismissing a minor employee

There are a number of points that need to be taken into account, but only when dismissing a minor 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 on Minors' Affairs. The exception is when a company is liquidated or an individual entrepreneur ceases operations. 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 it, then the dismissal will also be illegal. If the child wants to resign personally, then there is no need for additional approvals. Previously, 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 wanted to quit, to find out whether the employer had a negative impact on him. In a situation where an elected trade union body operates at an enterprise, the rules require that a minor employee be dismissed only taking into account his opinion.

The procedure for dismissing a minor employee at his own request

Drawing up an application

The process of dismissing a minor at his own request begins with an application. It is submitted in accordance with the labor code no less than 14 days before the expected day of dismissal. 14 days is the maximum period within which a person who wishes to quit must notify the management of the enterprise. The young employee must work this period as usual. If the employee’s application is due to the inability to continue working, for example, due to the need for training, or the employer committed a violation of labor legislation, local legal acts or an employment contract, then the latter must be terminated on the date that the minor employee indicated in the application . This means that dismissal will follow without so-called working off. If a fixed-term contract is concluded with a person, 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 18 years of age has the right to write an application for leave with subsequent dismissal. This is also an alternative way of dismissing a minor at his own request without working time, but requiring the consent of the employer. The main thing to remember is that if a minor employee changes his mind about quitting, he has the right to withdraw his application only before the start of his vacation. While with a regular dismissal, a person, if he so desires, has the right to change his decision within 2 weeks, until the end of the last working day. If the employee changes his mind about leaving and withdraws his application, then the matter does not proceed further, the dismissal does not occur, and he continues to work at the enterprise.

Issuance of an order

An order is issued to dismiss the minor. The resigning employee must be familiarized with it under his personal signature, or the order must be marked with a note indicating the impossibility of familiarization for any reason.

Final settlement

The day of termination of an employment 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 wages for hours worked, compensation for vacation, 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 leave for minors, Art. 267 of the Labor Code of the Russian Federation is provided for 31 days.

Issuance of documents

On the day of dismissal, the minor must be given a work book, as well as duly certified documents related to work in the organization, if they have been requested. A corresponding entry is made in the work book and personal card regarding the dismissal of a minor, containing full information about the grounds for termination of 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 person leaving in person, the employer is obliged to send the employee a written notice of the need to receive them or to approve sending them by post. This will allow you to relieve yourself of responsibility for late issuance of a work book.

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