Peculiarities of regulation of labor of minors

Exploitation of child labor – work that carries risks for the morale of a minor, harms his health and safety, and does not allow him to study. It also represents the involvement of children under a certain age in work. But if the work is carried out in safe conditions, corresponds to the child’s abilities and does not interfere with his studies, then it is not punishable by law: thanks to it, the minor gains skills that will be useful to him in adulthood.

General information about the bill

The exploitation of child labor is becoming more common every year. Articles 32-36 of the Convention on the Rights of the Child establish the responsibility of the state in protecting the rights of minors from illegal forced labor. The document, which contains three parts, was adopted on September 2, 1990. The convention was finally formed several years ago.

Article 32 exempts children from any work that may have a detrimental effect on their health or become an obstacle to their education. According to it, a minimum age for employment is established.

In the summer of 1999, a new Convention on the Rights of the Child was adopted. It contained articles about the worst forms of child labor exploitation. It focuses on the abolition of slavery, forced child participation in armed conflicts, prostitution and drug trafficking. Countries that have ratified the Convention on the Rights of the Child must protect minors from exploitation.

Illegal exploitation of child labor occurs throughout the world. Article 127.1 of the Criminal Code of the Russian Federation provides punishment for kidnapping a person and forcing him to work. However, there is no separate bill in the Criminal Code that would address the exploitation of child labor. However, the government plans to amend it in the near future.

Many bills have been created to resolve the problems associated with the exploitation of child labor. Article of the Russian Federation Labor Code contains information that a minor can voluntarily get a job if this does not constitute an obstacle to obtaining an education. In this case, written permission from the parents will also be required. A minor must work in good conditions. He is also entitled to reduced working hours, benefits and holidays. However, it is impossible to get a job before reaching 15 years of age. This is prohibited by the Labor Code of the Russian Federation.

Basic legal provisions

Childhood is a special time in a person’s life. It should be about learning, playing and going out. It is impossible to get a job as a teenager under normal conditions. Only if the requirements are met.

Labor activity for teenagers is limited to certain age limits!

The reason is that hard work prevents children from getting an education. Negatively affects health. It is for this reason that the exploitation of child labor is strictly prohibited. This means that no one has the right to force a child to work. The exception is the teenager’s own desire.

According to modern Federal Law No. 124 and Art. 150 of the Criminal Code of the Russian Federation, exploitation of children, these are violations of the law such as slave labor, keeping children in bondage, involving them in prostitution!

The listed factors belong to the category of crime. And they are punished accordingly. As for ordinary work activities, the law will allow the hiring of teenagers. The main thing is to know what the reception features are. What conditions should be provided to the teenager and strictly adhere to them.

Child labor in school

Child labor in schools often goes unnoticed. Almost all educational institutions actively use it in the form of class duty, summer practice, etc. Is child labor in school considered illegal?

During the Soviet era, child labor in schools was welcomed. It was one of the methods of patriotic education. Nowadays, views on child labor have changed. Numerous bills have been created that help protect the childhood of every child.

The most important condition for involving a child in school work is the permission of his parents. It must be in writing. If it is absent, then the child has no right to be forced to do any work at school. If the exploitation of child labor in an educational institution occurs regularly without permission, parents can write a complaint to the prosecutor's office or the district education department.

If there is permission from parents to work, teachers must ensure that it is carried out in compliance with all generally accepted standards. Schoolchildren are prohibited from lifting heavy objects, washing windows, and cleaning near the roadway.

Story

Caricature from 1912

“Clean” labor: child telegraph messengers in Indiana, USA. 1908

In almost all countries of the world throughout history, the children of peasants, slaves, and then artisans helped their parents. Most likely, able-bodied children helped back in primitive societies. In medieval Europe, children, learning from free artisans and then from guild workers, helped them.

Child labor in factories and mines was common in many industrialized countries in Europe and America in the 19th century. Children worked on an equal basis with adults up to 14-18 hours a day (sometimes from the age of 5-6), and they were paid several times less for this. There were many prohibitive internal rules, for example, it was forbidden to look out of the window at the workplace (for which there were bars or plugs on the windows), and to play during food breaks.

There were still workhouses in Britain, where beggars (adults and children) were forced to work in prison-like conditions. The English historian Henry Jibbings wrote about the harsh conditions of child labor in his book “Industrial History of England”[4]

One of the first to attract attention to the problem of child labor in Britain was the famous reformer Robert Owen - in 1816 he spoke about it in Parliament

From the end of the 18th century and throughout the 19th century, future craft apprentices (“English slaves,” as the writer called them) were usually recruited in workhouses, and when they were “trained” in city factories, they did not receive any salary or clothing. Hours of work were limited only by complete exhaustion of strength after the use of various forced methods to continue work (for example, after beatings by supervisors). The children often worked for up to 16 hours straight, sometimes at night, and on Sunday they cleaned cars. They were fed the cheapest and worst food, which was often also used to feed pigs. They slept alternately on dirty beds. Some tried to escape from the factory, and to prevent escape, children suspected of this intention were shackled: they worked and slept in chains. Young women were subjected to the same treatment. Many, unable to withstand the backbreaking labor, died and were buried at night in some remote place so that the people could not find out the scale of such “slavery.” Some committed suicide to escape their torment.[4]

Large companies and child labor

This year, one of the world's human rights organizations made a report. It accused three leading companies that specialize in the development of electronic equipment, namely Samsung, Apple, Sony. They were suspected of purchasing minerals that were mined through child labor. According to the report, children as young as seven work in mines in the Democratic Republic of Congo. They mine minerals that are needed to create lithium-ion batteries.

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CEOs of companies that buy minerals say they do not tolerate the use of child labor. However, eyewitness accounts suggest otherwise. Experts from the Human Rights Organization claim that such work is hazardous to health. It is known that these mines have a high mortality rate. According to eyewitnesses, more than 80 minors died there over the past year alone.

According to the UN Children's Fund, at least 40 thousand children are engaged in mineral extraction in the mines of the DRC. Global companies deny this fact. They claim that they do not purchase goods obtained in this way.

Causes

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Child labor can be seen as a consequence of poverty and low levels of social development. One of the main reasons children are forced to work is that the survival of their families and their own survival depends on it. An important role is played by the will of adults who can use the insecurity of children for their own purposes. Social and traditions also play a role, for example:

• the view that work contributes to the development of children's character and skills.
• tradition of continuity of the profession.
• the belief that girls have less need for education than boys due to their traditional role as housewives.

The above traditions may be so strong that children, as well as parents, may not realize that child labor is illegal and contrary to the interests of the children themselves.

Implementation of bills

The law of exploitation of child labor has existed for quite a long time. There are cases when school management was held accountable for releasing students from classes for the whole day due to duty. For example, the prosecutor's office of the Arkhangelsk region reviewed and responded to a statement from the mother of a schoolchild from one of the educational institutions of Novodvinsk. Her son was forced to be on duty during lessons. The prosecutor's office saw in the actions of the school director a violation of the Education Law. By his actions, the head of the institution deprives the student of receiving the full amount of knowledge. Since then, school duty has been cancelled.

Statistics

Statistics on child labor are shocking to almost everyone. According to research by the International Labor Organization, there are about 168 million working minors in the world. This is approximately 11% of the entire child population. However, it is known that their number is declining. Between 2000 and 2012, the number of working children decreased by 78 million.

In 2008, many experts assumed that, due to the economic crisis, the exploitation of child labor would begin to gain momentum with renewed vigor. However, according to research by the International Labor Organization, the number of working children did not increase during that period. Experts explain this by the fact that the countries where the problem of exploitation is most acute were almost not affected by the crisis.

The largest number of child workers is found in Asia and the Pacific. According to statistics, 77.7 million minors work there. Child labor is also present in Africa. Every fifth child works there illegally.

Peculiarities of child exploitation

Children are a particularly protected object of legal relations in any country. The line between forced exploitation and voluntary help of a child is very thin.

Many families consider it normal for their child, along with adults, to dig potato fields or mix concrete to build a family cottage.

In our country there are no legal grounds for holding such parents accountable. But after such a childhood, children develop either intervertebral hernias or cardiovascular abnormalities.

Normative base

Child labor is a global problem. That is why it is regulated by a large number of international legal acts and conventions.

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The struggle, first of all, was launched within the framework of the liberation of children from slavery in poor countries. There, children often work in sexual labor or are even sold for their organs.

So, the exploitation of child labor is unacceptable on the basis of the following documents:

• International Convention on the Rights of the Child 1989. Our country, along with hundreds of other countries, has ratified this document. According to it, countries are obliged to protect children from exploitation and ensure their rehabilitation.
• Constitution of the Russian Federation. Art. 37 of the law guarantees freedom of labor and the right to decent wages.
• Federal Law No. 273 “On Education” prohibits the involvement of a child in work outside the education system at school.
• The Labor Code strictly regulates the rules for hiring a minor.

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Legal scholars and the public have long been talking about the need to enshrine the exploitation of child labor in the Criminal Code of the Russian Federation.

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Now for 2021 the code contains only Art. 127.1 and Art. 127.2, which regulate the processes of trafficking in persons and forcing them into slavery.

In fact, only unscrupulous employers who do not properly formalize employment relations with the child or do not bother to inquire about his age are subject to punishment for the exploitation of child labor.

Neither parents nor schools are held accountable for such violations. In principle, no one controls them.

Child Labor Rules

So, all the basic rules for the official employment of teenagers are prescribed in the Labor Code of the Russian Federation. In particular, Art. 63 of the Labor Code of the Russian Federation establishes the minimum age for starting work.

In Russia, teenagers can work from the age of 16. This is a general rule that has its own special cases and exceptions.

So, for example, if a child has already completed school in the 9th grade or continues further education by correspondence or in evening courses, he has the right to start working at the age of 15.

A teenager has the right to conclude an employment contract from the age of 14. But there are strict requirements for working at this age. Work should not interfere with studies, harm the child, and only occur in free time in a light form.

The length of the working day also has its limitations:

• Under 16 years old – no more than 24 hours a week;
• From 16 to 17 years old – no more than 35 hours per week.

During the educational process, the norms for the length of a teenager’s working day are reduced exactly by half.

In order to officially formalize an employment relationship with an employer, the child will only need a passport and a medical certificate confirming his good health.

The child will sign the contract independently if he is over 15 years old. If he is only 14 years old, the signature on the contract will be the responsibility of the parents.

In principle, a child can start working before the age of 14. But for this purpose certain labor spheres and areas have been established.

Such employment is possible only with the consent of parents or guardians and with the permission of the guardianship authorities.

Restrictions on the use of minor labor

The Labor Code and other regulations provide for a number of prohibitions when using child labor. In Part 2 of Art. 265 of the Labor Code establishes a restriction on the carrying of heavy objects for teenagers. The maximum standards for moving heavy objects by this category of persons are contained in Resolution of the Ministry of Labor No. 7 of April 7, 1999. An exception is possible only for athletes if such loads are permitted for health reasons.

In accordance with Art. 268 Labor Code, minor employees are prohibited from:

• send on business trips;
• involve in work on weekends and holidays;
• be allowed to work overtime or at night.

Important

These restrictions do not apply to minor workers in the media, theater and concert organizations, cinema and circus, as well as athletes.

In addition, on the basis of Art. 265 of the Labor Code it is not allowed to employ teenagers:

• with harmful or dangerous conditions;
• at the same time;
• on a rotational basis;
• to religious organizations.

Working hours

According to Art. 92 Labor Code for employees under 18 years of age, working hours are reduced. Until the age of 16, it should not be more than 24 hours a week, from 16 to 18 years old - a maximum of 35 hours. If the teenager is still studying, then this norm is reduced by 2 times.

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Based on Part 1 of Art. 94 daily work time cannot exceed:

• 4 hours for 14 year olds;
• 5 hours for 15 year olds;
• 7 hours for 16 year olds.

From the age of 18 you can work a full shift.

Providing leave

In accordance with Art. 267 of the Labor Code provide annual leave for workers under 18 years of age for 31 calendar days, and you can leave at any time convenient for you. It is not allowed to pay minors monetary compensation instead of vacation and to recall them from vacation.

Salary

The specifics of calculating earnings for this category of employees are established by Art. 271 TK. Since the working hours are shortened, they are paid in proportion to the time worked. In this case, the employer has the right to make an additional payment up to the full rate.

Dismissal of a minor

Art. 269 ​​of the Labor Code establishes guarantees for the termination of an employment contract with minors. If the dismissal is initiated by the employer, he must obtain the consent of the labor inspectorate, except in cases where the organization is liquidated.

Thus, anything within the law is not exploitation of child labor. For violation of the requirements for the working conditions of minors, legal entities bear administrative and criminal liability.

Conducting a special assessment of working conditions according to the law

Recent changes to Federal Law 426 on special assessment of working conditions require this procedure:

• Within the time limits specified by this federal law,
• When requested by workers, other workers if, in their opinion, they face a potential health hazard.

The essence of a special assessment of the working conditions existing in an organization is that persons appointed for this carry out inspections in order to identify dangerous, harmful factors that occur in people’s workplaces.

This procedure is carried out in real-life places where workers and employees of other specialties perform their duties. This means that if no one is working on a certain area or machine, then a special assessment is not performed.

The federal law indicates that inspection is a comprehensive measure used to identify existing hazards and harmful factors. After identifying them, using various measurements and analyses, the exact degree of harmfulness is determined.

To ensure that any testimony is not interpreted in two ways, a manual has been created on the basis of the specified federal law. With its help, the results obtained are routinely compared with data from such a legal document. As a result, each specific workplace is assigned to a certain class of danger and harmfulness. The list of classes is short, there are only 4 of them, so the procedure is simple.

This federal law requires that the results of each special test be compiled into a report, the information from which must be included in the declaration submitted to the local labor inspectorate. Moreover, there is an innovation - if previously such an act was submitted only when workplaces with the presence of dangerous, harmful factors were identified in the organization, now any such act is submitted.

List of workplaces subject to special assessment of working conditions

The Russian Federation in its federal legal act did not indicate a list of what is being checked. But characteristics are prescribed, the presence of which is evidence of the need to carry out a special check of all existing working conditions.

• The organization performs work using any equipment, vehicles,
• Performs setup, operation, testing of equipment,
• Storage, movement of materials, raw materials,
• Any hand tool can be used.

Also, working conditions are checked and controlled if there is a source of potential danger. When an employee is a homeworker, then the organization is not responsible for his workplace.

Who is required by law to conduct a special assessment of working conditions in an organization?

The relevant federal law requires that a special assessment of the working conditions existing in an organization be carried out by a joint commission of its employees and experts invited from a specialized company.

That is, the enterprise that should organize the inspection does not have the right to conduct it itself. The commission is created by the head of the organization that needs this procedure. Why is the order issued?

Time for special assessment of working conditions

In view of the changes that have taken place, the question is often asked: how often should a special assessment of working conditions in the workplace be carried out?

The relevant federal law (Article 27) indicates that today the most current deadline is the end of 2021. By this time, every Russian place of work must be checked. But this document does not rush employers and allows them to complete the required amount of work in stages. But we should start from where people work in dangerous, harmful conditions, says Article 27.

Further, SOUT is carried out every 5 years - this is a planned state standard. Sometimes the assessment is carried out unscheduled.

• At the request of the inspector,
• When the equipment, technology,
• The raw materials have changed
• The place has just been created.

Documents required when applying for a job

To get a teenager to work you need:

• document confirming the identity of the person entering the organization (general civil passport);
• confirmation of education, receipt of a certain qualification or certificate of suspension of education;
• work book (if available);
• document of a participant in the pension system (SNILS), except for the situation of hiring for the first place of work;
• confirmation of military registration (for boys);
• permission of the parent (guardian), as well as the guardianship authorities, to employ a child under 16 years of age;
• medical certificate.

The procedure established by the Ministry of Health and Social Development of the Russian Federation (Order No. 302, 04/12/2011) provides for the mandatory medical examination of adolescents every year until they reach adulthood.

Attention! A medical examination of a citizen is carried out at the expense of the enterprise (Articles 69, 266 of the Labor Code of the Russian Federation). If a minor employee does not have a medical certificate, the management of the organization faces liability for an administrative violation (Article 5 of the Code of Administrative Offenses of the Russian Federation).

Sexual exploitation of a child

Children often become objects of sexual exploitation or slavery. They are forced to engage in sexual activity, participate in the filming of pornographic films, or engage in prostitution.

All these are the same variations of labor exploitation, only with the presence of aggravating circumstances in the form of violence. Children trustingly enter into sexual relationships that they do not understand, ashamed to tell their parents or other people about it.

Teenagers respond to sexual slavery out of mercantile interests, because criminals promise them high income and secret participation.

Such crimes are much tougher in our country. The Criminal Code of the Russian Federation has several articles regulating such exploitation.

In particular, the following liability options are possible:

• Trafficking in persons against minors is punishable in accordance with Art. 127.1 of the Criminal Code of the Russian Federation with imprisonment from 3 to 10 years.
• Coercion into prostitution in accordance with Art. 240 of the Criminal Code of the Russian Federation is punishable by imprisonment from 3 to 8 years.
• Creation of pornographic films with the participation of children in accordance with Art. 242.1 of the Criminal Code of the Russian Federation is punishable by imprisonment for up to 10 years.

The International Convention on the Rights of the Child addresses issues of sexual exploitation in Art. 34 and Art. 35.

The problem of exploitation of child labor is particularly acute in developing countries or third world countries.

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This is especially developed in the countries of Africa and Asia. There, children from a young age are forced to sell drugs or work around the clock so as not to die of hunger.

The exploitation of child labor in Russia is a problem that has not been completely resolved and requires detailed elaboration in the legislation of the Russian Federation.

It is necessary not only to strictly regulate the punishment for illegal labor of minors in the Criminal Code of the Russian Federation, but also to conduct informational and educational conversations in Russian families, promoting a free and happy childhood.

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Responsibility for the use of child labor

The law tells us that, subject to the conditions described above, a minor can work. But anything beyond these requirements is a violation - administrative or criminal.

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The Criminal Code of the Russian Federation has an article that concerns child labor - 127.2 “Use of child slave labor.”

Unlawful use of child labor can result in the following for an employer:

• Article 6.19 of the Code of Administrative Offenses of the Russian Federation - liability for a legal entity if it encouraged the organization of child labor. For example, he provided premises for this, organized work, looked for workers. Sanctions under this article: a fine in the amount of 1 to 5 million rubles, a ban on conducting activities for up to 3 years;
• Article 127.2 of the Criminal Code of the Russian Federation – child slavery. Imprisonment for up to 10 years, forced labor for up to 5 years. As an additional punishment, a ban on holding a managerial position for up to 15 years and a fine may be issued.

Parents may also be held liable if it is established that they contributed to their child working outside the legally established time limits and requirements in general. Questions may also arise for the guardianship and trusteeship authority, since they had to give permission to work.

Criminal liability

Article number 127.1, part of the current Criminal Code, states what penalties are imposed on criminals guilty of exploiting child slave labor. If an individual who has not reached the age of eighteen was forced to perform work of a slave nature, and he, in turn, was not able to refuse to perform it, then the second part of Article 127.1 comes into force.

As a punishment, the offender is expected to perform forced labor. You will need to work for them for a maximum of five years. Imprisonment of the convicted person for a term of three to ten years is also possible. In addition, the judge may additionally activate a ban on the offender from performing his main activity for fifteen years. This punishment is optional and can be approved or not (in addition to imprisonment).

It should be noted that a ban on carrying out an activity is imposed in cases where the convicted person tried to involve child labor in it.

In some situations, it happens that as a result of the use of child labor on a slave scale, the child’s health is seriously harmed or he even dies. In such cases, the third part of Article 127.1 comes into force, and criminals, in turn, face the most severe forms of criminal penalties.

The guilty individual is imprisoned. The minimum period during which this sanction is valid is eight years, and the maximum period for the validity of such a punishment is fifteen years. In addition, an individual may be restricted in freedom for an additional year.

The Criminal Code also contains the following legislative acts that address issues of child labor exploitation:

• Article 127. This act regulates the types of liability for criminals who unlawfully deprived an individual of his freedom, but this was not kidnapping. If the role of the victim was a minor individual, then the second part of the article comes into force. Punishments include forced labor for five years or imprisonment for a minimum of three years and a maximum of five years. If such deprivation of liberty caused death or serious harm to the health of the victim, then the person is deprived of liberty for 4-8 years.
• Article 127. This article is devoted to the issues of trafficking in minors for the purpose of subsequent exploitation of their labor (part two). The punishment is imprisonment for 3-10 years. Also, the offender may be banned from holding his position for another 15 years. Another additional sanction is a restriction of freedom for a two-year period.

Corpus delicti

Like any other act enshrined in the Criminal Code, the use of slave labor has its own composition. The main elements in it are the object and the subject.

The object is understood as a social relationship that suffers as a result of criminal influence on it. In this situation, this is the right of a citizen to carry out his labor activity on a voluntary basis. The subject can be absolutely any citizen who has reached the age of sixteen.

In addition, the objective and subjective sides are of particular importance. The objective side is understood as the totality of an unlawful act and the resulting consequences, which are directly dependent.

The subjective side is the guilt of the subject of the crime and his attitude towards it. In this case we are talking about an act committed with direct intent.

Punishment for violating children's work rules

The child himself, who was striving for quick employment, will not bear any responsibility, nor will his parents who allowed illegal labor. Only the employer will be held responsible in such a situation.

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So, if an employer does not officially register employment relations with teenagers or makes errors in this registration, a penalty may be applied to him.

Namely:

• A fine of 1,000 to 5,000 rubles – for officials;
• For individual entrepreneurs – a fine of 1,000 to 5,000 rubles or administrative suspension of activities for up to 90 days;
• For legal entities - a fine of 30,000 to 50,000 rubles or administrative suspension of activities for up to 90 days.

Such measures are prescribed in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and are punished for violations of labor and labor protection legislation.

For each individual violation of the rules of the Labor Code of the Russian Federation, punishment is provided in accordance with Art. 4.4 Code of Administrative Offenses of the Russian Federation.

Employers are often not afraid to violate the norms of the Labor Code of the Russian Federation and exploit child labor by deceiving teenagers and not paying them wages. Few of them will complain about the behavior of the company in which they worked.

This is the question of the future of any nation

It is very important to provide children with a decent childhood and help them get a decent job in the future, that is, work that benefits society and helps a person maintain a decent existence. Putting children into work that destroys their self-esteem, harms their health, morals and deprives them of educational opportunities, seriously undermines the economic viability of a society and its long-term development prospects

Child labor must be seen not only as a cause, but also as a consequence of poverty and underdevelopment. Children engaged in the worst forms of child labor without even a basic education are likely to develop into illiterate, physically and intellectually disabled adults with little opportunity to escape the poverty they were born into and unable to contribute to development of society as a whole. Just like they themselves and their children will have very little chance of further development. In the current competitive world, the prosperity of any state fundamentally depends on the quality of its human resources; Tolerance of the worst forms of child labor prevents significant investment in human capital, which is the task of any society thinking about its future.

Even if it were possible to obtain short-term economic benefits from the use of child labor, they must be assessed against the background of the long-term losses in the development of the nation that these benefits entail.

McDonald's violates citizens' labor rights

The Moscow Region Prosecutor's Office revealed numerous violations of the law in McDonald's LLC fast food restaurants located in the Dmitrovsky, Odintsovo, Podolsky, Pushkinsky, Shchelkovsky municipal districts, the urban districts of Balashikha, Kolomna, Krasnogorsk and Khimki.

According to the press service of the regional prosecutor's office, the prosecutor's office found that the content of employment contracts with teenagers did not fully comply with the requirements of the Labor Code of the Russian Federation, which requires the mandatory inclusion in them of conditions defining the location of a separate structural unit, the nature of the work and working conditions, working hours and rest time, as well as the amount of remuneration. Facts of hiring persons under the age of 18 without conducting a mandatory preliminary medical examination at the expense of the employer, untimely communication of internal labor regulations, the content of local regulations, collective agreements and shift schedules to employees were revealed.

In a number of restaurants, teenagers were allowed to work without undergoing safety and occupational safety training. Some of them were not provided with special clothing and personal protective equipment.

How to deal with the involvement of children with disabilities in labor

Employment of people with disabilities is, in principle, a hot topic in our country. What can we say about children with various disabilities that do not allow them to perform certain functions.

In legislative terms, for such children, the employer must comply with the requirements even more stringently than with all teenagers. Currently, the involvement of disabled children in labor is associated primarily with rehabilitation measures that allow a person to undergo sociological rehabilitation and better adapt to the people around her.

In this case, there is no need to talk about real labor practice, because in this case it will be necessary not only to create certain conditions in the workplace, but also to generally change the work process of the enterprise, orienting it to children with disabilities, as is customary in the same Europe.