Work for children for the summer – a balance between legality and earnings
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Summer, vacations, vacations… There is still so much time until September 1 and the start of studies. Children are bored, they don’t know what to do, they really want to earn extra money somewhere. There are many restrictions regarding the employment of minors, let’s try to understand at least the key ones. From what age can children be involved in work? In order to avoid abuses regarding the use of child labor, the national legislation of Ukraine has established an extremely minimum age at which they can be hired – persons who have reached the age of 16 have the right to work. However, under certain conditions, children aged 14 and 15 can also work. Yes, 15-year-old children can be employed with the written consent of one of the parents or a person replacing them. At the age of 14, children can be hired if the following conditions are met at the same time: the minor is a student of a comprehensive school, vocational-technical or secondary special educational institution; will perform light work that does not harm health and does not disrupt the learning process; the work will be performed in free time from studies; the consent of one of the parents or a person who replaces them has been obtained. Peculiarities of registration of minors for work An employment contract must be concluded with a minor in written form, which defines all working conditions. Before employment, a minor undergoes a mandatory preliminary medical examination and then annual mandatory medical examinations until reaching the age of 21 (the employer finances and organizes such medical examinations at his own expense). A probationary period is not established for minors, and the employment book is drawn up within 5 days. To employ minors, they must submit the following documents: application for employment; passport (ID card); TIN certificate; work book (if available); written consent of one of the parents or the person who replaces them (if the minor is between 14 and 16 years old); a document on education (specialty, qualification; if necessary); health document (after a preliminary medical examination). Another feature of the work of minors is the reduced length of working hours. Yes, minors aged 16 to 18 must work no more than 36 hours a week, and those aged 15 to 16 – 24 hours a week. Pupils aged 14 to 15 who work during the holidays must work no more than 24 hours a week, and those who work during the school year during the school year – 12 hours a week. Despite the fact that minor workers work less time, they are paid the same wages as adult workers of the corresponding categories for the full duration of daily work. What kind of work can’t involve minors? In order to avoid harm to the health of minor workers, the labor legislation establishes clear prohibitions regarding their involvement in some categories of work. In particular, the labor of minors cannot be used in the following cases: night work (performed from 10 p.m. to 6 a.m.); overtime work (beyond the established duration of the working day); work on weekends, which, according to the duly approved work schedule of the enterprise, are free for the employee from performing his work duties; heavy work, work with harmful or dangerous working conditions, underground work; work related to lifting and moving things, the mass of which exceeds the limits established for them. The desire of teenagers to earn their own money and be as independent as possible is quite understandable, but in order to avoid possible misunderstandings, it is still necessary to be guided by the current legislation. Olesya Balyan, lawyer of Caritas of Ukraine, specially for UP. Life Publications in the “View” section are not editorial articles and reflect exclusively the author’s point of view.
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