What a summer job at school. Can children be attracted to labor practice at school
- In May, at a meeting at the school, the class teacher told us that children during the summer holidays would have to work at school for five days,- says Marina, the mother of a middle school student in one of the schools in the Chernihiv region. - The class is small. All children were divided into two groups. Someone has to work in June, someone - in July. The nature of the work is the care of flower beds and cleaning the school grounds. No one at the meeting was outraged. Later, I learned from a friend that summer practice is not legal. Now I don't want my child to practice. But I'm worried, suddenly she will be punished somehow? Or will they not be promoted to the next class? When I was studying, we were so scared.
Why, when the practice in schools officially went into oblivion, did the teacher announce the need to undergo a “work-out”? Perhaps the teacher explained something wrong, or the parents misunderstood something, but ... summer work practice has long disappeared from curricula general educational institutions and students cannot be involved in it forcibly, without the consent of their parents or legal guardians, since this event is not provided for by the general education program.
Engaging children to work without their consent and the consent of their parents is forced labor and is under the strictest prohibition. If children at school are still forced to undergo mandatory summer practice, then all officials who are to blame for organizing the work of children can be held accountable.
The abolition of summer labor practice is also confirmed in the department of education of the administration of the Chernihiv region
- In educational institutions of the Chernihiv region, the concept of "summer practice" does not exist at all,- explains Tatyana Sergeevna Semenakha, the chief specialist in educational work of the education department. - During the summer period, summer recreation and health improvement of schoolchildren are organized in the educational institutions of the district. This year, on the basis of 15 educational institutions and the Children's and Youth Sports School with. Chernigov, there are camps with two meals a day, in which 3007 children and adolescents can relax. Our camps are different: day-time school camps that are familiar to everyone, specialized camps (camps for gifted children, sports orientation, for children of the “risk” group, environmental camps), labor and recreation camps. In order for the child to have a rest in one of the listed camps, it is enough for parents to write an application at an educational institution. Also, all educational institutions, together with the regional State Institution "Center for Employment of the Chernihiv Region", are engaged in the employment of adolescents aged 14-18 years in repair teams with wages.
So, if the children are in school in the summer, then only working in the repair team or relaxing in the school camp. However, organized children's recreation can also include elements of labor education, for example, in environmental camps. According to the plan of the education department, 1242 students will have a rest in eco-camps at schools during the holidays.
Each educational institution has developed its own program of ecological recreation. The guys in these camps play, have fun, and also learn to take care of the world around them. Lessons of environmental education can also be held in the form of a "labor landing", during which schoolchildren are offered to do some work - for example, weeding flower beds or cleaning the school grounds. (Perhaps it was the rest in the eco-camp that the teacher had in mind, about which in question above). But the labor eco-landing is designed for an hour. So there is no question of summer labor practice in the usual sense. Moreover, schoolchildren enroll in the eco-camp voluntarily.
- Currently, there is no such thing as a summer internship, - confirms Tatyana Mikhailovna Kravchenko - director of school No. 1 with. Chernigovka. - The school is faced with the task of improving the health of students in the summer, involving them in various forms of employment, sports, games, and labor activities. The school has a day camp for students, an ecological camp. For students over 14 years old, repair teams are organized with payment, students participate in the repair of the school, tidy up the yard, flower beds, lawns on the school grounds.
- We had several camps at our school: a health camp, a camp for children at risk, a labor and recreation camp, a camp for gifted children, environmental teams, a sports camp,- explains Lyudmila Vasilievna Bredyuk, director of school No. 5 in Sibirtsevo. - A total of 513 students are covered by organized summer recreation. Work plans have been developed for all types of camps, which include games, competitions, sports activities, participation in regional events, trips, trips to the cinema and excursions. Children from environmental teams are actively involved in preparing the school for the new academic year (cleaning the territory, flower beds).
For all children, 2 meals a day are organized. 51 students enjoyed working in the labor team, where their work was paid.
Adolescents willingly agree to work in labor teams. With students over 14 years old, formal labor contracts are concluded and wages are paid. Schools are employers. The task of the guys is to help make cosmetic repairs, refurbish the furniture. The amount of wages depends on the amount of time worked and the amount of the monthly salary, which, in any case, cannot be less than the minimum wage. For a full month of work, a student will be able to receive a maximum of 5,554 rubles. Another 1,020 rubles from the regional budget will be paid by the Employment Center to a minor worker. Considering that schoolchildren do not work full time, the earnings are quite decent. In total, in June of this year, according to the employment center, 236 schoolchildren were employed in the educational institutions of the district.
Some schoolchildren manage to get temporary work at enterprises and organizations of the region during the holidays. Jobs for teenagers over 14 years old were provided by 3 employers.
- One student entered into a temporary employment contract with the Center for Culture and Leisure for 1 month and worked there as a choreographer,- says Irina Viktorovna Udod, a specialist of the KGKU "Center for Employment". - The girl worked for a month as an assistant to educators in kindergarten No. 27 at the Mekhzavod. Since June 30, another teenager has been employed at the IP Dyga enterprise. These enterprises and organizations entered into contracts with the employment center for temporary employment of minors, which allowed working teenagers, in addition to wages, to receive additional material support provided by the administration of Primorsky Krai.Employers are not in a hurry to hire minors. Too troublesome. In the process of paperwork, it is necessary to comply with the guarantees that are defined for teenagers by the Labor Code. There are many of them for different ages various operating modes are provided, including its duration and volume. Young people should not lift heavy weights or work in hazardous conditions. All these norms are stipulated in the contract that the teenager concludes with the employer, and the prosecutor's office and the labor inspectorate monitor their observance. It is easier and more profitable to hire an adult, so there are no vacancies for teenagers. So far, school repair crews remain the only way for most teenagers to earn their own pocket money in the summer. Many students take advantage of this opportunity.
Problem
Despite the fact that school practice is voluntary for students, school directors oblige students to undergo practice. Otherwise, they threaten not to transfer the child to the next class or not to issue textbooks. If the student does not want to work, he must pay money (the amount depends on the number of days). Tell me, how legal are the actions of schools?
Solution
Labor, often practiced in schools, without the consent of students and their parents is prohibited by the International Convention on Slavery, the International Labor Organization Convention on Forced and Compulsory Labor, and the Russian Constitution.
As for the legislation on education of the Russian Federation, in paragraph 14 of Art. 50. Law of the Russian Federation of 07.10.1992 N 3266-1 (as amended on 12.27.2009) "On Education", which is called "Rights and social support of students, pupils" establishes a ban on attracting students, pupils of civil educational institutions without their consent or consent of their parents (legal representatives) to work not provided for by the educational program.
As you know, many educational institutions also wrote their own local acts to the law - regulations on duty in classes, on admission to the first grade of school, on the transfer of students - and many more different documents regulating the life and behavior of a child at school. There are cases when these acts were canceled in some regions at the protest of the prosecutor.
As for the duty in the classroom, there is a separate conversation in general - schools have technical staff who, by virtue of their position, are obliged to mop the floor. And the child should not wash the floor (although one can argue for a long time about the effect of occupational therapy) for two obvious reasons - the weight of the bucket being lifted (legislation establishes norms for how much certain categories of workers can be lifted) and hygiene standards (the water is still dirty and it is unlikely that the child will good contact with her).
However, let's get back to working off - paragraph 16 of Art. 50 of this law reads: "Students, pupils of civil educational institutions have the right to free attendance at events not provided for by the curriculum"
From these norms, it follows that the school cannot force you to work in the summer if the practice is not prescribed in educational program in any subject (Just as a practice. For example, in biology - work on a school site). But we note that such a concept as “labor practice” has not been included in documents for a long time educational institutions(and probably not in yours).
Regarding liability for failure to appear for work off - since we found out that this is a purely voluntary matter, therefore, the question of liability has been removed - it cannot be. If the school administration nevertheless takes measures to punish the student (a fine), write a complaint to the prosecutor's office (for forced labor and illegal prosecution).
Good luck to you!
Solution
Get together as a class and write a complaint to the principal.
If it does not help, then to the mayor's office.
Signatures should be put by everyone in the class (a few nerds don't care).
The school is so shaken up that the administration will nevertheless begin to issue money for school maintenance and not spend it in an unknown direction.
Solution
V school curriculum there may be an educational practice, which is provided for by the curriculum. Therefore, if a child is referred for an internship, you may ask on the basis of what this referral is happening. If this is not provided for by the curriculum or the charter of the school, respectively, you have every right not to go there. This refusal cannot be a reason not to transfer the child to another class or not to issue textbooks.
As for exacting money, this also goes beyond the scope of lawful behavior. The school can only provide paid educational services in addition to the basic ones - you can pay money for this, but not for working off. You can ask if they will give you a financial document confirming that you paid money for the practice. I doubt they will do it. But you can insist, so that later you can use it as an argument in your defense. But, I think that the school will not go for this all the same, although ....
Conclusion: talk peacefully with the teacher (head teacher) and ask to see the documents where these questions are fixed (that is, where it says that the child must work or pay). If a peaceful conversation does not work out, then you can apply with a statement about the violation of the rights of the child (you as the legal representative of your child) to the Ministry of Education of your region (well, or, for starters, the city's education department), where you state everything. You can simultaneously apply with a statement to the Prosecutor's Office (the content is similar). I believe that if you notify the teachers that you will apply there for an explanation of your rights, then they will not demand further money from you. And if they do, then it can already smell like a criminal act, and this is even more serious.
Good luck to you!
Do you have any questions? Ask, the answer will follow immediately!
It turns out that in many Russian schools, teachers force children to come in the summer to work in the garden. I would like to note that all these works are carried out without payment for workers. Of course, some schools can make concessions and pay for the work of a student. However, this is not profitable for the school, so everything is done for free. Not only do they not pay for a few hours in the heat, but they can also load them with work so much that they will only want to sleep for the rest of the day. If the student refuses to go to work, then the teacher in most cases begins to blackmail. It could be anything! And grades in the certificate, and the year of cleaning in the classroom, and expulsion from school for a serious reason. Only such actions the school has no right to do.
According to Article 14 of the Law "On Education", an educational institution does not provide for children to work for the school. After all, school is a place for learning and students are not required to do any physical work. The only duty of schoolchildren is to study, complete assignments, prepare for subjects. Working at school, on duty in the classroom or general cleaning is an illegal act. Everything should be on a voluntary basis. Also, if the child is not yet fourteen, then his teacher does not have the right to force something to rearrange, go somewhere or wash the desks. Of course, many try to put pressure on children. And strangely enough, it works.
If a student wants to avoid school work, no matter for what reasons, then some articles should be hedged Russian Federation. Be sure to read the Convention on the Rights of the Child, Article 31, the Law of the Russian Federation “On Education, Article 50, paragraph 14. It clearly says that the teacher does not have the right to leave the student on duty in the classroom after school or force him to work in the summer. If the teacher refuses to accept this law, then we can say about the 182nd convention (part 1, article 5.7 of the Code of Administrative Offenses of the Russian Federation). It states that the exploitation of child labor is prohibited. Failure to comply will result in a fine. There is a Declaration and Convention on the Rights of the Child, where all state authorities stand up for protection. So, if the teacher argues, then you can go to court. If the child is right, then victory remains on his side in any case.
It is worth considering that the student may not work at school. There is a law that does not provide for a child to work for a school. For this, there are janitors, technicians, and the same teachers who are paid extra for this. The fact is that if the students do not go to these very working off, then the teacher is put a minus in his personal file, and also deprived of the bonus. At meetings, they say that the class that did not go to work in the summer is ill-mannered and undisciplined. The director scolds the teachers harshly and strictly. If the students do not come, the teacher is obliged to independently carry out the work on the site. But modern teachers will not be so humiliated and will better force children to do this. Of course, now children are very spoiled and principled. They will not talk for a long time, but simply will not come. And at the beginning school year, the teacher reprimands them and forces them to be on duty in the classroom for a while. You just can't do that because it's illegal.
First of all, there should be school work at will. After all, it's the twenty-first century and serfdom canceled a long time ago. Therefore, if the student is faced with such a situation and it is impossible to solve this problem with the teacher, then it is worth contacting the regional supervision. Of course, it is desirable to present evidence. It can be both a witness and a voice recorder. This way, it will be easier to prove the truth. Of course, if you do not want to substitute the school and go into conflict, then first you need to seek help from your parents. They should come up and talk to the teacher about the fact that the school has no right to force the child to work. But if the teacher refuses to listen and puts forward his own version, then it is worth talking to the principal. In general, a director who knows the laws will not argue and create conflicts. He will make concessions, and even apologize.
Parents also have the right to demand that the teacher be fired. But it happens, the director says that such working off is provided for in their school. In this case, you need to contact the city. They'll figure it out for sure. Therefore, it is up to the student to decide whether to go to summer work at school or not, because Russia is a free country!
School. How many of us remember and speak of her with warmth and love? And if we take into account compulsory working off in the summer, it gets really sad. Not only do children suffer there for a whole year, they also “should” go to some kind of compulsory work, as if they were prisoners. Is summer school work legal?
Legislative perspective
In 1992, the law on education abolished compulsory work at school. Think about it, back in 1992, that is, the devil knows how many years ago.
Compulsory training at school is contrary to the Constitution of the Russian Federation, which operates rigorously throughout the country.
Ministers of Education have repeatedly made public statements and clarifications that forced summer labor is the purest water arbitrariness local school administrations. No one can, under any pretext under current laws, force a child to hunchback in the summer.
How does this happen
The so-called "fifth quarter" is being introduced in schools. The guys are divided into groups, a schedule of forced labor is drawn up. By the way, it can easily coincide with the parents' vacation. There is no need to worry, you can simply ignore this working off.
Teachers and director often threaten that there will be some kind of sanctions if the student does not work. For example, they will leave for the second year or something else, and they themselves find it difficult to say what. In practice, the school no way cannot punish a student for not working.
Sometimes it comes to idiocy when parents go to work for their children. This looks completely wild and resembles a slave system. Don't be like donkeys, don't go on about the directors and headmistresses of schools who think they are.
Harm to working out for health
Work at the school in the summer mainly consists of painting the walls, cleaning up and taking out construction debris, and mopping the floors. Agree, it is not very useful to breathe varnish and paint. The trash is heavy and can hurt you. Inventory (shovels, rakes) in children's hands can also be dangerous: children can simply kill or maim each other with a shovel.
Reasons for working at school
The teachers explain that the reason is allegedly to instill in the child respect for the work and property of the school. But in practice, the school management just wants to push the dirty work onto the students. Instead of hiring janitors, painters and builders, the headmaster entrusts it to schoolchildren. But in this case, he is not at all worried about his own safety: if a child is injured during such working off, the fact of illegal forced working off will be made public and the director will be severely punished.
Sometimes they even cite the example of a graph Lev Tolstoy who argued the usefulness of labor for moral education. But it is he who is the ideological inspirer of Stalin's and Hitler's concentration camps. In concentration camps, too, the basic idea is that work heals, educates and liberates.
What to do if forced to work
In short, you don't need to do anything, you can just ignore it. No one has the right to compel to compulsory labor, except for the court, which pronounces a guilty verdict and appoints correctional labor as a punishment.
If the school and the director are especially wild, they just don’t want to put up with the loss of the slave owner’s title, then you can write a complaint to the local education authorities (for example, this could be Department of Education in the city government or Ministry of Education in the regional or republican administration).
In particularly brutal cases, you do not need to be shy, you can write a statement to the prosecutor's office with a request to check the legality of the actions of the school administration.
If you are afraid that your child will be bullied later by the teacher, then this is in vain. Again, if they do it on purpose, a complaint to higher authorities will quickly sober them up. Numerous checks will come to them, which will only be happy to reveal as many violations as possible.
conclusions
Remember that working out at school is purely voluntary. If you are convinced that the child will not be given overwhelming tasks there and he himself does not mind, then you can send him to school to work a little in the summer. It is especially good if the school management somehow encourages this (not all directors are bad, there are good ones). So before you protest, first understand the situation. Maybe the children during the summer practice will even be fed and entertained, and you will deprive your child of such an opportunity.
Forcing students to work in the summer is illegal. This was stated by the Minister of Education of Russia. According to Vladimir Filippov, school work without the consent of students and their parents is the purest arbitrariness of school administrations. Every year school leaders conduct the so-called "fifth quarter". Students are forced to paint walls in classrooms and corridors, dig garden beds, wash floors and windows. School work lasts, as a rule, several weeks. Meanwhile, according to lawyers, such obligations are contrary to the Constitution of the Russian Federation. Therefore, the student has the right to refuse forced labor.
Difficult rest. Working off cannot be a duty. How many days should the school work experience last? At what age can a school involve children in work? Can a child be punished if he does not work the due date? These are the questions parents of schoolchildren are now concerned about. Needless to say, summer work is not a pleasant duty. Instead of sleeping off after a hard school year, schoolchildren are forced to drag themselves back to the disgusting school in the morning, only now they no longer study, but work - watering seedlings in the schoolyard, sorting out books in the library, washing and painting walls. At the same time, teachers believe that work for the good of the school is for the benefit of children. But parents do not all welcome labor education - inhaling paint and varnish fumes obviously will not add health to children, moreover, the working schedule assigned by the school often coincides with the schedule of parental holidays.
But is working out really so obligatory, as it is presented by school principals, head teachers and class teachers?. Back in 1992 the federal law"On Education" abolished forced labor in schools: "It is prohibited to involve students, pupils of civil educational institutions without the consent of students, pupils and their parents (legal representatives) in work not provided for by the educational program" (Article 50, paragraph 14). And also: "Students, pupils of civil educational institutions have the right to free attendance at events not provided for by the curriculum" (Article 50, paragraph 16). From this it follows that the school cannot force you to work out summer work if it is not prescribed in the educational program in any subject as a practice. I must say that hours for work practice have disappeared from the curricula for many years. It turns out that working off is a purely voluntary matter and school administrations have no right to force children to work without the consent of the students themselves and their parents (preferably in writing). And, of course, for the fact that the student did not work out the term assigned to him, no punishment can follow. Rather, the school administration can be held accountable for organizing forced labor. However, educational leaders are in no hurry to make public this "terrible" truth. After all, who else will help put schools in order after the school year, if not the children themselves and their parents (school administrations allow parents to work instead of children). There are no auxiliary workers in schools, there is a lot of tension with cleaners. Therefore, the heads of educational bodies respond evasively to questions about the obligation to work off.
