School years are wonderful ... Each person remembers his school time and carefully carries these memories through his life. First friends, first love, first independent decisions - all this is given to you by school. But, in spite of all the wonderful words said above, schoolchildren have many problems in school. One of the problems is the compulsion to compulsory school practice. Is it legal?
Summer labor practice - this is one of the best and most useful school traditions, it is a living creative business, in which the best personality traits, organizational and management skills are manifested, guys with leadership abilities are revealed. Suffice it to say that during the election of school activists, children in the classroom and at school often take into account, among other things, how a particular candidate has proven himself during summer work practice.
Most of the kids call the school their second home. They treat it like a home - they try to protect and preserve. Summer practice starts with raids around the school. As a result, it becomes clear which premises of the school need repairs, painting, what school furniture needs to be repaired, what work needs to be done on the school grounds.
At the second stage, labor teams are determined that will be engaged in a certain type of work: putty, painting, replacing dropped tiles, restoring walls, fixing furniture. When assigning assignments, we try to take into account not only the skills of the guys, but also the state of health.
Someone who cannot carry out repair work helps to clean up the books in the school library, washes and cleans classrooms and other school premises, tidies up the school locker room, cafeteria, etc. At the same time, a schedule is drawn up for the employment of school teachers in practice.
Each class teacher and subject teacher works with the children in their area of \u200b\u200bwork. This often helps to learn a lot about each other and make mutual unexpected and pleasant discoveries. The guys are enthusiastically and creatively working in the assigned areas of work, trying to complete it not only efficiently and on time, but also beautifully. But the most valuable thing is that, having coped with their work earlier, the guys do not sit on the sidelines, but themselves come to the aid of those who need it.
This is how personal and collective responsibility for the results of one's work, a genuine sense of camaraderie and mutual assistance in the name of a common cause, is manifested. Many times we have observed that not very active guys, who did not find themselves in a classroom, literally transformed during practice. For the most part, children appreciate the trust placed in them by adults and strive to adequately justify it. Especially those who rarely receive accolades in other activities. And the children who have recently come to school, practice helps to get to know each other even better, make friends and strengthen the class team.
The end of the practice is a holiday for everyone: the school is being transformed, the children and teachers are happy with the results of their work and the onset of the long-awaited and well-deserved vacation.
But there is one problem, when there is no desire to help the native school, or, for example, the opportunity.
Personally, when I was in school, we FORCE practice, and if you have good reasons to avoid it (parents, departure, health condition), then you must have brought some kind of "ransom" in the form of a can of paint or packaging of printer paper. In my mind, this approach to practice has always aroused doubts about whether the school has the right to forced labor.
After reading the school charter (and they are all written according to the same template), I did not find a word anywhere about MANDATORY working off.
Everything that I met was formulated in the form of "involvement in work", ie. in fact, work at will. Here's an example: “Students are involved in various jobs for their school; to work at the school site, the manufacture and repair of office equipment, furniture, workshops, the improvement of the school territory, etc. " But even with such "attraction", your work should not exceed a week's deadlines. “The duration of the working day should not exceed 3 hours. The total duration of work of students during the summer holidays should not exceed 1 week. " Although, as everyone knows, all laws can be circumvented, and there are millions of ways to do this. In general, all the rules for working off should be described in the "REGULATIONS on summer work practice of students". And if something confuses you, then you can ask for this position. Surely you will find the answer to your question there, and I am 90 percent sure that there will not be a single word NECESSARILY. But there is also another side. Suppose you have proved that you are not obliged to work out and do not burn with desire, then a situation may occur that you will be subsequently "oppressed" for expressing your own opinion and desire. Unfortunately, in our society, this is quite expected, and you can never prove it. Because the teacher will always find something to reproach you for. Do not forget about this.
Advice from the site site for girls and boys: DO NOT BE AFRAID TO DEFEND YOUR RIGHTS! Because child labor, especially forced labor, is prohibited in Russia.
The work of pupils at school outside school hours is not the sphere of legal regulation of labor legislation, since the school administration is not an employer, and pupils are not employees. But the question is timely. If in The charter Since the school provides that the issues of labor training and education of students outside school hours are regulated by a local act, for example, the Regulations on labor training and education in an educational institution, then it is quite possible to talk about the legality of the work of students to repair and improve the school and school grounds. This Regulation should contain an indication of the total number of hours students receive labor skills in the framework of labor training and education outside of school hours, the number of hours during the day, responsible teachers during the period of labor training and education, life safety measures should be provided and health of students. In order to avoid disputes, this Regulation must be approved by the school council, the pedagogical council, the school-wide parent committee, at meetings of other collegial bodies that are formed and operate in the educational institution.
Here is an example of a Position:
Regulations on the passage of school students of summer school labor practice
1. General Provisions.
1.1. Students of grades 5-10 undergo summer school work practice. Students from grades 5 to 8 practice practice on the school site 5 days a week. Working hours for students: 10-11 years old 2 hours, 12-13 years old 3 hours, 14-15 years old 4 hours, 16-17 years old 6 hours.
1.2. The purpose of the summer work practice is to enhance the activities of students to improve the school and school grounds.
1.3. The general management of school labor practice is carried out by the deputy director for extracurricular educational work on the orders of the school director.
2. Content and forms of activity.
2.1. In the application log, teachers and school staff record orders for various work for students undergoing internship.
2.2. School work practice activities include:
- work on the school site (caring for flowers and green spaces, digging up the ground, whitewashing trees and shrubs, cleaning the school site from garbage, working in a greenhouse).
- Washing windows, chairs, desks, floors, walls.
- Repair of school furniture.
- Cleaning the school grounds from garbage.
- Rendering assistance to the school librarian (repair of books).
- Renovation of the class, etc.
3. Management of labor practice.
3.1. By order of the school director, the deputy director for extracurricular and educational work is appointed responsible for organizing and conducting work practice.
3.2. The deputy director determines the educators of labor units, who are entrusted with the control and responsibility for the passage of the summer labor practice by the students of the school.
4. The rights and obligations of those responsible and educators for organizing and conducting the practice.
4.1. Before starting work, educators should give students a safety and fire safety briefing.
4.2. Record students present (absent) daily.
4.3. The volume of work performed should be recorded daily in the labor practice journal.
4.4. At the end of the internship period, represent the students at "* gratitude for a job well done or for censure.
4.5. Responsibility for the life and safety of children during the internship is borne by the educator, assigned by the order of the school director to the labor squad.
5. The rights and obligations of students during internship.
5.1. Before starting work (after receiving instructions), students sign in a safety journal.
5.2. In accordance with the orders and requirements of the educator - the labor detachment, students must accurately and on time perform the work assigned to them.
5.3. Students who leave school after grade 9 do not complete their school practice.
5.4. Students may be exempted from internship on the basis of a parent's application (for a good reason) and the permission of the school principal.
5.5. Students who have not completed school practice without a good reason are involved in work in August, as well as during the school year.
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 you know, many educational institutions also wrote 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).
In accordance with clause 4, the involvement of students without their consent and underage students without the consent of their parents (legal representatives) to work not provided for by the educational program is prohibited.
From these norms, it follows that the school cannot force you to come to work in the summer if the practice is not spelled out in the educational program in any subject (Exactly as practice. For example, in biology - work on the school site). But let us note that such a concept as "labor practice" has not been included in the documents of educational institutions for a long time (and most likely not in yours).
Regarding the 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, however, the school administration takes measures to punish the student (a fine), write a complaint to the prosecutor's office (for forced labor and illegal prosecution).
In the school curriculum, there may be 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 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 extortion with money, this also goes beyond the scope of legitimate 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.
Ask to show the documents where these questions are fixed (that is, where it is said that the child must work or pay). In a conflict situation, you can send a statement about the violation of the child's rights to the city education department and the Prosecutor's Office.
Almost all modern schools are quite active in attracting schoolchildren to work in the form of summer school practice. Everything would be fine, but many educational institutions threaten not to transfer a student to the next grade if he does not work a certain number of hours. How legal and useful is summer practice for a child? We will talk about this in today's article.
What is the essence of school summer practice?
Many educational institutions treat summer practice at school as a kind of classroom study. However, we are well aware that this is not the case. In fact, it all boils down to the fact that the kids wash windows and desks for several hours in a row, and then clean the school yard, doing the work of the technical staff. In most cases, this practice is an initiative of the school administration and does not even appear in the curriculum. What can she give? And nothing but the invaluable skill of waving a broom. Of course, we are now talking only about general education schools, since this is not practiced in specialized lyceums.
There is no doubt that this work should be done by the school's technical staff.
You can hardly find such a student who would proudly declare: "And I like summer practice!" And all because students just lose two, and sometimes even three weeks of vacation, which they could have spent on the seashore, in a sports, health camp or somewhere else, in order to have time to relax and miss school.
What is spelled out in the law?
Do not rush to arm yourself with a broom, a mop and run to work out the necessary hours. It turns out that summer practice at school is not an obligatory event at all. This is stated in the federal law "On Education", where, back in 1992, forced labor at school was abolished. It is enough to look at article 50, paragraphs 14 and 16. To summarize the essence of this article, it boils down to the following: schoolchildren studying in general education institutions have no right to be involved in work (if it is not provided for by the educational program) without the consent of the students themselves and their parents. Clause 16 of the article of the Law states that all schoolchildren of the institution can attend events (which are not provided for in the curriculum) in free form.
As you can see, the school cannot just take and force the child to work out the school summer practice. It is also worth noting that the hours of school practice themselves have not figured in curricula for a long time. It turns out that working off should be a purely voluntary matter, and the school administration has no constitutional right to force the children to work without their consent.
Therefore, when the headmaster starts talking about not transferring the student to the next class, if he does not attend practice, then you can safely bring the administration of the educational institution to responsibility for forced labor. And this can threaten with a large fine or even dismissal.
Vladimir Filippov confirmed the words that summer practice is an illegal event
Ex-Minister of Education of the Russian Federation Vladimir Filippov also stated that school summer practice is illegal. He said that any school work without the consent of students and their parents can be positioned as pure arbitrariness of the administration of the educational institution. Moreover, if you contact any qualified lawyer, he will confirm the above words that such obligations simply contradict the Constitution of the Russian Federation. Therefore, absolutely any student can not worry and refuse such a work off.
Thus, summer school practice cannot be compulsory (if it is not provided for in the educational program) and is a voluntary matter of parents and their children.
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?
Decision
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 also wrote 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 (the 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's return to the detentions - paragraph 16 of Art. 50 of the said law says: "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 the educational program in any subject (Exactly as practice. For example, in biology - work on the school site). But let us note that such a concept as "labor practice" has not been included in the documents of educational institutions for a long time (and most likely not in yours).
As for the 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 be. If, however, the school administration 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!
Decision
Get the whole class together and file a complaint with the principal.
If it does not help, then to the city hall.
Everyone in the class should put their signatures (a few nerds don't give a damn).
The school is so upset that the management will still start giving out money for the school's maintenance and not spending it in an unknown direction.
Decision
In the school curriculum, there may be 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 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 extortion with money, this also goes beyond the scope of legitimate 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 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, though ...
Conclusion: talk peacefully with the teacher (head teacher) and ask them 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 education department of the city) 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.
Many Russian schools still practice summer jobs, which oblige schoolchildren to come to various events to work for the good of the institution. Often, work off takes about two weeks. However, many parents have a question about this event. This is not unfounded, since such workings were assumed even during the existence of the USSR, which is currently not relevant. Nevertheless, many educational institutions continue to use child labor.
Table of contents:The legal basis for summer work at school
Based on paragraph 14 of Art. 50 of the Federal Law "On Education", it is not allowed to involve schoolchildren or pupils of organizations involved in their education in work duties that are not included in the school curriculum. A similar rule was in effect on the territory of the USSR until 1992, when it was canceled at the legislative level.
note
Summer work on the school grounds is possible only with the consent of the student and his parents.
The summer practice includes the following activities: cleaning classrooms and the adjacent school territory, feasible work on land plots related to the school, and so on.
Thus, an educational institution does not have the right to compel a student and his official guardians to work, in the case when it is not recorded in the curriculum in the context of practice for the subject.Practice in a subject can be expressed in the following types of activities: work with repair equipment, sewing work, tidying up the workplace in the classroom intended for a labor lesson, and so on.
At the same time, the school curriculum does not provide for specially allocated hours for working off after the end of the school year. It follows from this that summer practice is a voluntary affair of the student and his parents, who must confirm in writing their consent for their child to perform their work duties. It is also important to understand that such training should not contradict the medical indicators of the student and comply with all safety standards, according to the professional training requirements.
What threatens for refusal to undergo summer practice at school
Coercion into summer internship at school is not legal. Consequently, the punishment for failure to perform this type of activity is also illegal.This means that in case of refusal to perform certain work duties, the student and his parents are not in danger.
Nevertheless, in many educational institutions, the use of schoolchildren's labor is still widespread. The official way to bring the school to a tidy state is to hire specialists who will complete the agreed scope of work for the appropriate payment.
Often they use the following methods of influence to obtain consent to work after the end of the school year:
- a threat not to confirm the child's transfer to the next grade;
- the threat of not providing a child with free printed material for a year;
- the threat to leave the child after classes for working off. Often they mean cleaning classrooms in the school year after the end of the lessons;
- justification that the child will be in conflict with other classmates who have completed summer practice.
Despite the fact that the requirement for compulsory summer work is illegal, some educational institutions use the following types of manipulations:
- the introduction of a provision on the compulsory advent of summer work in the school charter. However, such an action directly contradicts the law of the Russian Federation "On Education". For this fact alone, you can sue the school;
- introduction of a provision on compulsory summer work in the school curriculum. Often, such an event is referred to as biology, arguing that by providing schoolchildren with deeper knowledge of plant growth. However, cleaning classrooms and school grounds cannot be referred to here;
- an unpopular method is the creation of special labor units from schoolchildren. In this case, payment for the work performed is assumed.
All these actions are illegal. Refusal to undergo summer service should not be in danger. In the event that pressure is exerted on a student or his parents, they can thoroughly go to court with a complaint about the school and coercion into illegal activities.
Instructions on how not to go through summer detention at school
In order not to officially pass practice in the summer, it is necessary to arm yourself with the Constitution, the Federal Law "On Education", if available - a certificate that would confirm the prohibition on the performance of certain jobs, as well as a statement to the police.
First of all, it is necessary to present to the school a quote from Art. 50, paragraph 14 of the Federal Law "On Education", which states that the involvement of schoolchildren in work is illegal. Clause 16 of the same article also stipulates that all schoolchildren have the right not to attend any events not declared in the school curriculum.
The most effective method of dealing with coercion to such labor is to refer to laws. If the school administration continues to insist and, less often, draws up a punishment in the form of a fine or a written reprimand, it is necessary to file a statement with the police with a request to understand the forced labor.
Also, a common way is to resolve the issue with the help of financial assistance from the school. If the administration offers this option to the parents of the student, they need to clarify where they can get a receipt for payment. The issuance of receipts on such an issue is not provided for by the school accounting department. If the accounting department nevertheless wrote out a certificate of depositing money into the school's account, such a document will become the main evidence of the school's illegal actions.
Also, a certificate of the student's health status will be an absolute exemption from summer work. In this case, no one has the right to involve him in work.