Working Ability and Working Capacity of Minor Employees

The article examines the problem of legal regulation of child labor from the standpoint of recognizing them as subjects of labor relations. It has been revealed that in the absence of legislative restrictions regarding the establishment of a minimum age for entering into an employment relationship, the legal capacity of minors in this area arises from the moment of birth, while at the conclusion of an employment contract their legal capacity is limited. Due to the physiological characteristics of minors (lack of ability to work from an economic point of view), their labor function can be realized mainly only through the exhibition of a work or a game, which requires additions to the Labor Code of the Russian Federation regarding the participation of legal representatives and bodies from the state in matters of execution, modification and termination of such labor contracts.