Is summer internship required for children at school? Is summer work required at school?

Internment, often practiced in schools, without the consent of students and their parents is prohibited by the International Slavery Convention, the International organization labor on forced and compulsory labor and the Constitution of Russia.

As many people know educational establishments They 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 other different documents regulating the life and behavior of a child at school. There are cases when these acts were canceled in some regions due to the protest of the prosecutor.

Regarding duty in the classroom, it’s a completely separate matter - in schools there are technical staff who, by virtue of their position, are obliged to wash the floor. And a 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 sets standards for how much certain categories of workers can lift) and hygiene standards (the water is still dirty and the child is unlikely to contact with her is useful).

In accordance with clause 4, engaging students without their consent and minor students without the consent of their parents (legal representatives) in work not provided for educational program, is prohibited.

From these standards it follows that the school cannot force you to come and work in the summer if the practice is not prescribed in the educational program in any subject (Exactly as practice. For example, in biology - work in the school area). 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 liability for failure to appear for work, since we found out that this is a purely voluntary matter, therefore, the question of liability has been removed - it cannot exist. If the school administration nevertheless takes measures to punish the student (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 for by the curriculum. Therefore, if a child is sent for an internship, you can ask on the basis of this referral. If this is not provided for in the curriculum or charter of the school, then you have every right not to go there. This refusal cannot be the basis for not transferring the child to another class or not issuing textbooks.

As for extorting money, this also goes beyond the scope of legal 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 out.

Ask to see documents where these issues are fixed (that is, where it is said that the child must work or pay). In a situation of conflict, you can send a statement of violation of the child’s rights to the city education department and the Prosecutor’s Office.

School years are wonderful... Every person remembers his time at school and carefully carries these memories through his life. First friends, first love, first independent decisions - school gives you all this. But despite everything beautiful words As mentioned above, schoolchildren have many problems at school. One of the problems is the enforcement of compulsory school practice. Is this legal?

Summer work experience- this is one of the best and useful school traditions, it is a living creative activity in which the best personality qualities, organizational and management skills are revealed, and children with leadership abilities are identified. Suffice it to say that during the elections of school activists, children in the class and at school often take into account, among other things, how this or that candidate has proven himself during summer work practice.

Most children call school their second home. They treat it like a home - they try to protect and preserve it. Summer practice begins with raids on the school. As a result, it becomes clear which school premises need repairs, painting, what school furniture needs to be repaired, and what work needs to be done on the school grounds.

At the second stage, work teams are determined that will deal with a certain type work: puttying, painting, replacing fallen tiles, restoring walls, repairing furniture. When distributing assignments, we try to take into account not only the skills of the children, but also their state of health.

Anyone who cannot carry out repair work helps to put the book collection in order in the school library, washes and cleans classrooms and other school premises, puts things in order in the school locker room, cafeteria, etc. At the same time, a work schedule for school teachers is drawn up in practice.

Every classroom teacher and the subject teacher works together with the children in his area of ​​work. This often helps to learn a lot about each other and make mutual unexpected and pleasant discoveries. The guys work enthusiastically and creatively on 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 completed 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 are manifested. Many times we have observed that not very active guys who have not found themselves in cool team, literally transformed during practice. Children, for the most part, appreciate the trust placed in them by adults and strive to adequately justify it. Especially those who rarely receive accolades in other activities. And for children who have recently come to school, practice helps them get to know each other even better, make friends and strengthen the class team.

The end of practice is a holiday for everyone: the school is transformed, the children and teachers rejoice at the results of their work and the arrival 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 at school, we FORCED practice, and if you have good reasons to avoid this (parents, departure, health), then you were required to bring some kind of “payoff” in the form of, for example, a can of paint or a package of printer paper. For me, this approach to practice has always raised doubts about whether the school has the right to compulsory service.
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 came across was formulated in the form of “involvement in work”, i.e. in essence, work at will. Here is an example: “Students are involved in various works for their school; to work in the school area, manufacturing and repairing office equipment, furniture, workshops, landscaping the school grounds, etc.” But even with such “involvements”, your work should not exceed a week’s time. “The length of the working day should not exceed 3 hours. The total duration of work of students during the period 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 out must be described in the “REGULATIONS on summer work practice for students.” And if something bothers 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 MUST there. But there is another side. Let’s say you prove that you are not obligated to work and are not eager, then a situation may arise that you will subsequently be “oppressed” for expressing your own opinion and desire. Unfortunately, in our society this is quite expected, and you will never be able to prove it. Because the teacher will always find something to reproach you for. Don't forget about this either.

Advice from the site for girls and boys: DON'T BE AFRAID TO DEFEND YOUR RIGHTS! Because child labor, especially forced labor, is prohibited in Russia.

Student work at school after school hours is not a sphere legal regulation labor legislation, since the school administration is not an employer, and students are not employees. But the question is timely. If in Charter school provides that issues of labor training and education of students outside of 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 students’ work on the repair and improvement of the school and school grounds. This Regulation must indicate the total number of hours students receive labor skills and abilities within the framework of labor training and education during extracurricular hours, the number of hours during the day, the responsible teachers during the period of labor training and education, life safety measures and education must be provided. students' health. To avoid disputes, this Regulation must be approved by the school council, pedagogical council, school-wide parent committee, and at meetings of other collegial bodies that are formed and operate in the educational institution.

Here is an example of the Regulation:
Regulations on school students undergoing summer school work practice
1. General Provisions.
1.1. Students in grades 5-10 undergo summer school work practice. Students from grades 5 to 8 do practical work at 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 summer work practice is to intensify the activities of students in improving the school and school grounds.
1.3. The general management of school work practice is carried out by the deputy director for extracurricular educational work by order of the school director.
2. Content and forms of activity.
2.1. In the order book, teachers and school employees record orders to perform various works for students undergoing internships.
2.2. School work practice activities include:
- work in the school area (caring for flowers and green spaces, digging up soil, whitewashing trees and shrubs, cleaning the school area from debris, working in a greenhouse).
- Washing windows, chairs, desks, floors, walls.
- Repair of school furniture.
- Cleaning the school area of ​​garbage.
- Assisting the school librarian (repairing books).
- Classroom renovation, etc.
3. Management of labor practice.
3.1. By order of the school director, a deputy director for extracurricular and educational work is appointed responsible for organizing and conducting work practice.
3.2. The deputy director determines the teachers of work teams who are entrusted with control and responsibility for the summer work practice of school students.
4. Rights and responsibilities of those responsible and educators for organizing and conducting practice.
4.1. Before starting work, educators must provide students with safety and fire safety instructions.
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. After the expiration of the internship period, represent students to “* thanking them for work well done or reprimanding them.
4.5. Responsibility for the life and safety of children during internship lies with the teacher assigned to the work team by order of the school director.
5. Rights and responsibilities of students during internship.
5.1. Before starting work (after receiving instructions), students sign the safety log.
5.2. In accordance with the orders and the requirements of the teacher - the labor detachment, students must carefully and on time complete the work assigned to them.
5.3. Students who leave school after 9th grade do not complete school practice.
5.4. Based on the application of parents (for a good reason) and the permission of the school director, students may be exempted from internship.
5.5. Students who do not complete school practice without a good reason are invited to work in August, as well as during the school year.

Labor practice was an integral part educational process Soviet school. Children were involved in school duty, in school work, and in other jobs. Let us find out how legal this practice is today based on modern legislation regulating the rights of minor children to work. Legislative provisions on the work of minor students are enshrined in Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation” (hereinafter referred to as the Law), in the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on December 30, 2015 ) (hereinafter referred to as the TC), in the Convention on the Rights of the Child (approved by the UN General Assembly on November 20, 1989) (came into force for the USSR on September 15, 1990). The Convention on the Rights of the Child prohibits the exploitation of child labor or any work that violates the rights of the child (Article 32 of the Convention on the Rights of the Child). If the work entrusted to a child may pose a danger to his health and physical development, then this will be considered a violation of the child’s rights.

Can involvement in school work practice be considered a violation of the rights of a child?

Today, it is not often in schools that you can find students who work as part of summer work practice. Should my child undergo a summer internship?

A shortened working week is established for minor workers. For example, for workers under 16 years of age studying at any educational institution work time should be no more than 12 hours per week. And for workers aged 14-16 years who study 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 for which minor workers cannot be hired (Article 265 of the Labor Code of the Russian Federation):

• heavy work;
• work that may harm health and moral development;
• working in harmful or dangerous working conditions; overtime work;
• night shift work;
• work on holidays and non-working days.

Organization of work 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. Instructive letter from the Ministry of General and vocational education RF dated September 4, 1997 No. 48 “On the specifics of the activities of special educational institutions of types I-VIII” pays a lot of attention to labor training. Labor training for persons with disabilities is a necessary condition training and subsequent employment. Some of the tasks of this work are:

• inclusion of students in home, economic, applied and pre-professional work;
• expansion of social contacts in order to develop social skills, moral behavior, knowledge about oneself, about other people, about the surrounding microsociety.

In senior classes (groups), students receive knowledge on general education subjects, having a practical orientation and corresponding to their psychophysical capabilities, skills in various work profiles. Students are taught skills independent work, for this purpose they are included in labor activity in educational workshops, subsidiary farms, enterprises, institutions and organizations. Labor training includes a system of occupational therapy aimed at restoration, compensation and development of labor skills and abilities, and is the basis for vocational training. In a correctional institution of the VIII type with 10-11 years of education, labor training in grades 10-11, if there is a production base, is in the nature of in-depth labor training for students. To organize 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 practical training is determined by law Russian Federation about work. The management of industrial practice is carried out by a labor training teacher. Pupils who have completed the 9th (10th) grade are accepted into classes (groups) with in-depth labor 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 correctional institution of the VIII type may be exempt 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.

Almost everything modern schools They quite actively involve schoolchildren in work in the form of summer school practice. Everything would be fine, but many educational institutions threaten not to promote 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 interpret summer practice at school as a kind of training sessions. However, we understand perfectly well that this is not the case. In reality, it all comes 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 such work should be carried out by school technical staff

It is hardly possible to find a schoolchild who would proudly declare: “I like summer practice!” And all because students simply lose two, and sometimes three weeks of vacation, which they could spend on the seashore, in a sports, health camp or somewhere else, in order to have time to relax and miss school.

What is written in the law?

Don’t rush to arm yourself with a broom, mop and run to work the required hours. It turns out that summer practice at school is not a mandatory event at all. This is stated in Federal Law“On Education”, where back in 1992 forced service in school was abolished. Just look at Article 50, paragraphs 14 and 16. Briefly summarizing the essence of this article, it boils down to the following: schoolchildren studying in general education institutions do not have the right to be involved in work (if it is not provided for in the educational program) without the consent of the students themselves and their parents. Paragraph 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 a free form.

As you can see, the school cannot simply force a child to complete a school summer internship. It is also worth noting that the hours of school practice themselves have not been included in the curriculum. It turns out that work should be a purely voluntary matter, and the school administration does not have the constitutional right to force children to work without their consent.

Therefore, when the school principal begins to say that he will not promote the student to the next grade if he does not attend practice, then you can safely hold the administration of the educational institution accountable for forced service. And this can threaten with a large fine or even dismissal.

Vladimir Filippov confirmed the words that summer practice is an illegal event

The former Minister of Education of the Russian Federation, Vladimir Filippov, also stated that school summer practice is illegal.

He said that any school detention 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 training.

Thus, summer school practice cannot be forced (unless it is provided for in the educational program) and is a voluntary endeavor of parents and their children. Many Russian schools Summer work is still practiced, obliging schoolchildren to come to various events to work for the benefit of the institution. Often the work is about two weeks. However, many parents have questions about this event. This is not unfounded, because... such developments were assumed even during the existence of the USSR, which is this moment

Table of contents:

Legislative basis for summer work at school Based on clause 14 of Art. 50 Federal Law “On Education”, the involvement of schoolchildren or students of organizations involved in their education in labor duties that are not included in school curriculum

, is not allowed. A similar rule was in effect on the territory of the USSR until 1992, when it was abolished at the legislative level.

note

Summer work activities on school grounds are possible only with the consent of the student and his parents.

Summer practice includes the following types of activities: cleaning classrooms and the surrounding area of ​​the school, feasible work on land plots related to the school, etc. Thus, educational institution does not have the right to force a schoolchild and his official guardians to work, in cases where it is not recorded in curriculum in terms of practice to the subject. Practice on academic subject

At the same time, the school curriculum does not provide for specially designated hours for work after the end of the school year. It follows from this that summer practice is a voluntary matter for the student and his parents, who must confirm in writing their consent to their child performing work duties. It is also important to understand that such training should not contradict the medical requirements of the student and comply with all safety standards, in accordance with professional training requirements.

What is the penalty for refusing to do a summer internship at school?

It is not legal to force anyone to do a summer internship at school. Consequently, punishment for failure to perform this type of activity is also illegal. This means that if the student and his parents refuse to perform certain job duties, nothing will happen.

However, in many educational institutions the use of schoolchildren's labor remains widespread. The official way to bring the school into a tidy state is to hire specialists who will carry out the agreed scope of work for the appropriate payment.

The following methods of influence are often used to obtain consent to work after the end of the school year:

• threat not to confirm the child's promotion to the next grade;
• the threat of not providing a child with free printed material for a year;
• threat to leave the child after classes for detention. Often they mean cleaning classrooms in academic year after classes are over;
• justification that the child will be in conflict with other classmates who completed the summer internship.

Despite the fact that the requirement for compulsory summer service is illegal, some educational institutions use the following types of manipulations:

• introducing a provision on mandatory summer work into 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;
• introducing a provision on compulsory summer service into the school curriculum. Often such an event is classified as biology, arguing that it will provide schoolchildren with a deeper knowledge of plant growth. However, cleaning classrooms and school grounds cannot be included here;
• An unpopular method is the creation of special labor groups from schoolchildren. In this case, payment is assumed for the work performed.

All these actions are illegal. For refusal to pass summer work there shouldn't be any danger. In a case where pressure is put on a student or his parents, they can seriously go to court with a complaint against the school and coercion into illegal activities.

Instructions on how to avoid summer work at school

In order not to officially undergo internship in summer time it is necessary to arm yourself with the Constitution, the Federal Law “On Education”, and, if available, a certificate confirming the ban on performing certain works, as well as a statement to the police.

First of all, you must present to the school a quotation from Art. 50, clause 14 of the Federal Law “On Education”, which states that attracting schoolchildren to work is illegal. Paragraph 16 of the same article also stipulates that all schoolchildren have the right not to attend any events not stated in the school curriculum.

The most effective method of combating coercion to such labor will be to refer to laws. If the school administration continues to insist and, more rarely, issues a punishment in the form of a fine or a written reprimand, it is necessary to file a statement with the police demanding that they investigate forced labor.

Another common way is to resolve the issue with the help of financial assistance from the school. If the administration offers this option to the student’s parents, they need to clarify where they can get a payment receipt. The issuance of receipts for such matters is not provided for by the school accounting department. If the accounting department does issue a certificate confirming that money has been deposited into the school’s account, such a document will become the main evidence of the school’s unlawful actions.

Also, an absolute exemption from summer work will be a certificate of the student’s health status. In this case, no one has the right to involve him in work.