Is it compulsory to work at school in the summer. Summer work at school is compulsory

Problem

Despite the fact that school practice is voluntary for students, school principals oblige students to practice. Otherwise, they threaten not to transfer the child to the next grade 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). How legal are schools' actions?

Solution

Working off, often practiced in schools, without the consent of students and their parents is prohibited by the International Slavery Convention, 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 10.07.1992 N 3266-1 (revised from 27.12.2009) "On education", which is called "Rights and social support of students, pupils", a ban is established on attracting students, pupils of civil educational institutions without their consent, or the consent of their parents (legal representatives) to work not provided for by the educational program.

As you know, many educational institutions have written their local acts to the law - provisions on duty in classes, on admission to the first grade of school, on the transfer of students - and many other 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.

Regarding the duty in the classroom, there is generally a separate conversation - in schools there are technical personnel who, by virtue of their position, are obliged to wash 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 standards for how much can be lifted for some categories of workers) and hygiene standards (the water is still dirty and it is unlikely that the child will contact with her is useful).

However, let us return to the detentions - paragraph 16 of Art. 50 of the said law states: "Students, pupils of civil educational institutions have the right to freely attend events not provided for in the curriculum"

From these norms, it follows that the school cannot force you to go to work in the summer if the practice is not spelled out in educational program in any subject (Exactly as a practice. For example, in biology - work on the school site). But let us note that such a concept as “ labor practice»Have not been included in documents for a long time educational institutions(and most likely not in yours).

Regarding responsibility for failure to appear for detention - since we found out that this is a purely voluntary matter, therefore, the question of responsibility has been removed - it cannot exist. If the school administration still 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 the whole class together and file a complaint with the principal.

If it does not help, then to the mayor's office.

Everyone in the class should put their signatures (a few nerds don't give a damn).

The school will be so upset that the management will still start giving out money for the school's maintenance and not spending it in an unknown direction.

Solution

V school curriculum there may be an educational practice, which is provided by the curriculum. Therefore, if a child is sent to undergo an internship, you can ask on the basis of what this direction is taking place. If this is not provided for in the curriculum or school charter, respectively, you have every right not to go there. This refusal cannot be a reason for not transferring the child to another class or giving out textbooks.

As for the extortion of money, this also goes beyond the scope of lawful behavior. The school can only provide paid educational services in addition to the main ones - you can pay money for this, but not for working off. You can ask if you will be given a financial document confirming that you paid money for the practice. I doubt they will. But you can insist so that you can use it later as an argument in your defense. But I think that the school will not go for it all the same, though….

Conclusion: talk peacefully with the teacher (head teacher) and ask to show the documents where these questions are fixed (that is, where it is said that the child must work or pay). If a peaceful conversation does not work, then you can apply to the Ministry of Education of your region (well, or, for starters, the city's education department) with a statement about the violation of the rights of the child (you, as the legal representative of your child), where you can explain everything. You can simultaneously apply to the Prosecutor's Office (the content is similar). I believe that if you inform the teachers that you will apply there for clarification of your rights, then they will not demand further money from you. And if they do, then here it can 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!

Labor practice was an integral part educational process Soviet school. Children were involved in the duty at school, and to work on school grounds, and to other jobs. To what extent this practice is legal today, we will find out on the basis of modern legislation regulating the rights of underage children to work. Legislative provisions on the work of underage students are enshrined in FZ No. 273-FZ dated December 29, 2012"On Education in the Russian Federation" (hereinafter - the Law), in Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ(as amended on 12/30/2015) (hereinafter - TC), in Convention on the rights of the child(approved by the UN General Assembly on 20.11.1989) (entered into force for the USSR on 15.09.1990). The Convention on the Rights of the Child prohibits the exploitation of child labor or any work that infringes upon the rights of the child (Article 32 of the Convention on the Rights of the Child). If the work entrusted to the child may pose a danger to his health, physical development, then this will be considered a violation of the rights of the child.

Can recruitment to school work practice be considered a violation of the rights of the child?

Today, it is rare in schools to find students who work as part of summer work practice. Does the child have to complete summer work practice?

A shorter working week is established for minors. For example, for employees under 16 years of age studying at an educational institution work time should be no more than 12 hours per week. And for employees aged 14-16 years, studying at school no more than 18 hours a week (Article 92 of the Labor Code of the Russian Federation).

There is also a list of jobs that may not involve underage workers (Article 265 of the Labor Code of the Russian Federation):

• hard work;
• work that may harm health and moral development;
• work with harmful or hazardous working conditions; overtime work;
• night shift work;
• work on holidays and non-working days.

Organization of labor practice for persons with disabilities.

It is especially necessary to note the importance of labor education and labor practice for students with disabilities from special schools. Instruction letter from the Ministry of General and vocational education RF dated 4.09.1997 № 48 "On the specifics of the activities of special educational institutions of I-VIII types" pays a lot of attention to labor training. Labor training for persons with disabilities is necessary condition training and subsequent employment. One of the tasks of such work is:

• inclusion of students in domestic, household, applied and pre-professional work;
• expanding social contacts in order to form the skills of social community, moral behavior, knowledge about oneself, about other people, about the surrounding micro-society.

In the senior grades (groups), pupils receive knowledge in general education subjects that have a practical orientation and correspond to their psychophysical capabilities, skills in various profiles of work. Pupils are taught skills independent work, for this purpose, they are included in labor activity in training workshops, subsidiary plots, in enterprises, institutions and organizations. Labor training includes a system of occupational therapy aimed at recovery, compensation and development of labor skills and abilities, is the basis for vocational training... In a correctional institution of the VIII type with a 10-11-year education, labor training in grades 10-11, in the presence of a production base, has the character of in-depth labor training of students. For the organization of labor training, workshops are provided with the necessary equipment and tools with special devices that take into account special educational needs students with disabilities. The length of the working day during industrial practice is determined by law Russian Federation about labor. The industrial practice is managed by a labor training teacher. Pupils who graduated from the 9th (10th) grade are admitted to classes (groups) with in-depth work training.

Training in a type VIII correctional institution ends with a certification (exam) in labor training, which consists of two stages: practical work and interviews on materials science and product manufacturing technology. Pupils of a type VIII correctional institution may be exempted from certification for health reasons in the manner determined by the Ministry of General and Professional Education of the Russian Federation and the Ministry of Health of the Russian Federation.

Forcing schoolchildren to work in the summer is illegal. This was stated by the Minister of Education of Russia. According to Vladimir Filippov, school labor without the consent of students and their parents is the purest arbitrariness of school administrations. Every year, the school administration holds the so-called "fifth quarter". Students are forced to paint walls in classrooms and hallways, dig beds, and wash floors and windows. School work usually lasts several weeks. Meanwhile, according to lawyers, such obligations contradict 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 school work practice last? At what age can a school involve children in work? Can a child be punished if he does not complete the prescribed period? - These questions are now worrying the parents of schoolchildren. Needless to say, summer labor is not a pleasant duty. Instead of sleeping off after a hard school year, schoolchildren are forced to trudge back to a disgusting school in the morning, only now they no longer study, but work - watering seedlings on the school site, sorting out books in the library, washing and painting the walls. At the same time, teachers believe that working for the good of the school benefits children. But parents not all welcome labor education - inhaling paint and varnish vapors clearly will not add health to children, moreover, the work schedule assigned by the school often coincides with the parental leave schedule.

But is working off really so obligatory, as school principals, head teachers and class teachers present it? Back in 1992 the federal law"On Education" abolished forced labor in schools: "The attraction of students, pupils of civil educational institutions without the consent of students, pupils and their parents (legal representatives) to work not provided for by the educational program is prohibited" (Article 50, paragraph 14). And also: "Students, pupils of civil educational institutions have the right to freely attend events not provided for in 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 spelled out in the educational program in any subject as practice. I must say that the hours for labor practice have disappeared from curricula... It turns out that working off is a purely voluntary matter and the school administration has no right to force children to work without the consent of the students themselves and their parents (preferably in writing). And, of course, no punishment can follow for the fact that the student did not work the appointed time. Rather, the school administration can be held accountable for organizing forced labor. However, educational leaders are in no hurry to divulge 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 administration allows parents to work out instead of children). There are no ancillary workers in schools, there is a tension with the cleaning ladies. Therefore, the heads of educational authorities answer evasively to questions about the compulsory work-off.

With the summer vacation approaching, the parents of schoolchildren begin to worry about the summer work practice. Is working off compulsory for students? Can you refuse it? And in general, is it legal? We hasten to reassure you: summer work practice in schools has long been canceled. The work of children in educational institutions outside the lessons of labor education is purely voluntary and is allowed only with the permission of parents or guardians. All parents went to school themselves. Ever since Soviet times, a student on summer vacations, wants - does not want, but had to undergo a working off - "to serve labor service" in the school garden plot or whitewash and paint school classrooms. So nowadays, when summer practice is announced at school, many moms and dads take it for granted.
- In May at a meeting at school classroom teacher told us that during the summer holidays children 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 - care of flower beds and cleaning of 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 the practice. But I'm worried, what if she will be punished later somehow? Or will they not be promoted to the next class? When I was studying, we were so frightened.
Why, when the formal practice in schools disappeared into oblivion, did the teacher say about the need to go through a "working off"? Perhaps the teacher explained something wrong, or the parents misunderstood something, but ... summer work practice has long disappeared from the curricula of educational institutions and students cannot be forced into it, without the consent of their parents or legal guardians , since this event is not provided for in the general education program.
Employing children without their consent and the consent of their parents is forced labor and is strictly prohibited. If children at school are nevertheless forced to undergo compulsory summer practice, then all officials who are to blame for organizing children's labor can be held accountable.
The abolition of summer labor practice is also confirmed in the education department 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 - chief specialist in educational work of the Department of Education. - In 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. Chernigovka, there are camps with two meals a day, in which 3007 children and adolescents can relax. We have different camps: school camps familiar to everyone with a day stay, specialized camps (camps for gifted children, sports-oriented, for children of the "risk" group, ecological), labor and recreation camps. In order for a child to have a rest in one of the listed camps, parents just need to write a statement at an educational institution. Also, all educational institutions, together with the regional state institution "Center for Employment of the Population of the Chernihiv region" are engaged in the employment of adolescents 14-18 years old in repair brigades with wages.
So, if children are in school in the summer, then only working in a repair team or relaxing in a 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 Department of Education, 1242 students will have a rest in the 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 in environmental education can also be conducted in the form of a "labor force", during which schoolchildren are offered to do a little work - for example, weed flower beds or clean up the school grounds. (Perhaps it was the rest in the eco-camp that the teacher had in mind, about whom in question above). But the eco-labor force is designed for an hour. So there is no talk of summer labor practice in the usual sense. Moreover, schoolchildren enroll in the eco-camp voluntarily.
- Currently, there is no such thing as summer labor practice, - confirms Tatiana Mikhailovna Kravchenko - headmaster 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, labor activities. The school has a camp with daytime 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 courtyard, flower beds, lawns on the school grounds.
- We had several camps at the school: a health camp, a camp for children at risk, a labor and recreation camp, a camp for gifted children, environmental groups, a sports camp,- explains Lyudmila Vasilievna Bredyuk - director of school No. 5 in the village of Sibirtsevo. - In total, 513 students were involved in organized summer recreation. For all types of camps, work plans have been developed, which include games, competitions, sports activities, participation in regional events, hiking, going to the cinema and on excursions. Children from environmental teams are actively involved in preparing the school for a new academic year(cleaning the territory, flower beds).
For all children, 2 meals a day are organized. 51 students enjoyed working in a labor brigade, where their work was paid.
Teenagers willingly agree to work in labor brigades. With students over 14 years old, formal employment contracts are concluded and salaries are paid. The employers are schools. The task of the guys is to help make cosmetic repairs, renovate furniture. The amount of wages depends on the amount of time worked and the size of the monthly salary, which, in any case, cannot be less than the minimum wage. For a full month of work, a student can receive a maximum of 5,554 rubles. Another 1,020 rubles from the regional budget will be paid to the minor employee by the Employment Center. Considering that schoolchildren do not work full-time, the earnings are quite decent. In total, in June this year, according to the employment center, 236 schoolchildren were employed in educational institutions of the region.
Some schoolchildren manage to get temporary work at the enterprises and organizations of the region during the holidays. Vacancies for teenagers over 14 years old were provided by 3 employers.
- One student signed 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 of the Population". - The girl worked for a month as an assistant to educators in the school № 27 at the Mekhzavod. Since June 30, another teenager has been employed at the IP Dyga enterprise. These enterprises and organizations entered into agreements with the employment center for temporary employment of minors, which allowed working teenagers, in addition to wages, to receive additional material support allocated by the Primorsky Territory administration.
Employers are in no hurry to hire minors. Too troublesome. In the process of paperwork, it is necessary to comply with the guarantees that are defined for adolescents by the Labor Code. There are a lot of them, for of different ages various modes of operation are provided, including its duration and volume. Young people should not lift heavy weights or be recruited to work in harmful 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 opportunity for most teenagers in the summer to earn pocket money on their own. Many schoolchildren take advantage of this opportunity with pleasure.