- In May, at a meeting at school, the class teacher informed us that the children would have to work at school for five days during the summer holidays,- says Marina, the mother of a middle school student in one of the schools in the Chernigov region. – The class is small. All children were divided into two groups. Some must work in June, others in July. The nature of the work is caring for flower beds and cleaning the school grounds. No one at the meeting was outraged. Later, I learned from a friend that summer internship is not legal. Now I don’t want my child to do practice. But I’m worried, what if she’ll be punished somehow later? Or won't they be promoted to the next grade? When I was studying, we were so scared.
Why, when the practice in schools officially disappeared into oblivion, did the teacher declare the need to undergo “training”? Perhaps the teacher explained something wrong, or the parents misunderstood something, but... summer work practice has long disappeared from curricula in general educational institutions and students cannot be forced to participate in it, without the consent of their parents or legal guardians, since this event is not provided for in the general education program.
Involving children in work 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 internship, then all officials who are to blame for organizing the work of children can be held accountable.
The cancellation of summer work practice is also confirmed by the education department of the Chernihiv district administration
- 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 education department. – In the summer, educational institutions in the region organize summer recreation and health improvement for schoolchildren. This year, on the basis of 15 educational institutions and the Children's and Youth Sports School in the village. Chernigovka, there are camps with two meals a day, where 3,007 children and adolescents can relax. Our camps are different: the usual school camps with day stay, specialized camps (camps for gifted children, sports camps, for children at risk, environmental), labor and recreation camps. In order for a child to relax in one of the listed camps, parents only need to write an application to the educational institution. Same everything educational institutions together with the regional Government agency The “Employment Center of the Chernigov Region” is engaged in the employment of teenagers 14-18 years old in repair teams with wages.
So, if children are at school in the summer, it is only by working on a repair team or relaxing at 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 Education Department, 1,242 students will relax in eco-camps at schools during the holidays.
Each educational institution has developed its own environmental recreation program. Children in these camps play, have fun, and also learn to take care of the world around them. Environmental education lessons can also be conducted in the form of a “labor landing”, during which schoolchildren are asked to do a little work - for example, weeding flower beds or cleaning the school grounds. (Perhaps it was the holiday in an eco-camp that the teacher mentioned above had in mind). But the labor eco-landing is designed for an hour. So there is no talk of summer work practice in the usual sense. Moreover, schoolchildren enroll in the eco-camp voluntarily.
- Currently, there is no such thing as summer work practice, - Confirms Tatyana Mikhailovna Kravchenko, director of school No. 1. Chernigovka. - The school is faced with the task of improving the health of students during the summer, involving them in various forms of employment, sports, games, and work activities. The school operates a day camp for students and an environmental camp. For students over 14 years of age, repair teams are organized with payment; students participate in the renovation of the school, tidying up the yard, flower beds, and lawns on the school grounds.
- We had several camps at our school: a health camp, a camp for children at risk, a work and recreation camp, a camp for gifted children, environmental groups, a sports camp,- explains Lyudmila Vasilievna Bredyuk, director of school No. 5 in Sibirtsevo. - A total of 513 students were covered by organized summer holidays. Work plans have been developed for all types of camps, which include games, competitions, sports activities, participation in regional events, hikes, trips to the cinema and excursions. Children from environmental teams actively take part in preparing the school for the new school year (cleaning the territory, flower beds).
All children are provided with 2 meals a day. 51 students enjoyed working in a work team, where their work was paid.
Teenagers willingly agree to work in work teams. Students over 14 years of age enter into formal employment contracts and are paid a salary. The employers are schools. The guys' task is to help make cosmetic repairs and update 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. The maximum a student can receive for a full month of work is 5,554 rubles. The Employment Center will pay an additional 1,020 rubles from the regional budget to the 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 educational institutions of the district.
During the holidays, some schoolchildren manage to get temporary work at enterprises and organizations in the region. Vacancies for teenagers over 14 years old were provided by 3 employers.
- One student entered into a temporary employment agreement with the Center for Culture and Leisure for 1 month and worked there as a choreographer,- says Irina Viktorovna Udod, a specialist at the KGKU Employment Center. – The girl worked for a month as an assistant to teachers in kindergarten No. 27 at the Mekhzavod. Since June 30, another teenager has been employed at the enterprise of IP Dyga. These enterprises and organizations entered into agreements with the employment center for the temporary employment of minors, which allowed working teenagers, in addition to wages, to additionally receive material support allocated by the administration of the Primorsky Territory.Employers are in no hurry to hire minors. Too troublesome. In the process of preparing documents, it is necessary to comply with the guarantees that are defined for teenagers by the Labor Code. There are quite a few of them; different modes of operation are provided for different ages, including its duration and volume. Young people should not lift heavy loads or work in hazardous conditions. All these norms are stipulated in the contract that the teenager enters into with the employer, and their compliance is monitored by the prosecutor's office and the labor inspectorate. It’s easier and more profitable to hire an adult, so there are no vacancies for teenagers. For now, school repair crews remain the only opportunity for most teenagers to earn pocket money on their own in the summer. Many schoolchildren enjoy 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 promote the child to the next grade or not to issue textbooks. If a student does not want to work, he must pay money (the amount depends on the number of days). Tell me, to what extent are the schools’ actions legal?
Solution
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 for the legislation on education of the Russian Federation, in paragraph 14 of Art. 50. Law of the Russian Federation dated July 10, 1992 N 3266-1 (as amended on December 27, 2009) “On Education,” which is called “Rights and social support students, pupils”, a ban has been established on the involvement of students and pupils of civil educational institutions without their consent or the consent of their parents (legal representatives) in work not provided for by the educational program.
As you know, many educational institutions have also written 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 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).
However, let's return to the work - clause 16 of Art. 50 of this law states: “Students and pupils of civil educational institutions have the right to freely attend events not provided for in the curriculum.”
From these standards 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 (Exactly as practice. For example, in biology - work in the school area). But we note that such a concept as “labor practice” has not been included in documents for a long time educational institutions(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).
Good luck to you!
Solution
Get together as a class and write a complaint to the director.
If it doesn’t help, then go to the mayor’s office.
Everyone in the class must sign (a few nerds don’t care).
The school is so infuriated that the management will begin to issue money for school maintenance instead of spending it in an unknown direction.
Solution
IN school curriculum there may be educational practice that is provided for in 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. You may ask whether they will give you a financial document confirming that you paid money for the practice. I doubt they will do this. But you can insist and then use this as an argument in your defense. But I think that the school will not agree to this, although...
Conclusion: talk peacefully with the teacher (head teacher) and ask to see documents where these issues are fixed (that is, where it is said that the child must work or pay). If a peaceful conversation does not work out, then you can file a statement about a violation of the child’s rights (you, as the legal representative of your child), contact the Ministry of Education of your region (or, for starters, the city’s education department), where you will set out everything. You can simultaneously submit an application to the Prosecutor's Office (the content is similar). I believe that if you inform the teachers that you will go there to clarify your rights, then they will not demand any more money from you. And if they do, then it may 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!
Internment, 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 have also written 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 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 in the 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. How many of us remember and talk about her with warmth and love? And if you also take into account the mandatory work in the summer, then it becomes completely sad. Not only do the children suffer there for a whole year, but they also “have to” go to some kind of compulsory work, like prisoners. Is summer school work legal?
A view from the legislation
In 1992, the law on education abolished compulsory work in school. Think about it, back in 1992, that is, God knows how many years ago.
Mandatory service in school contradicts the Constitution of the Russian Federation, which is strictly in force throughout the country.
Education ministers have repeatedly made public statements and explanations that compulsory summer work is pure and simple. arbitrariness local school administrations. Under current laws, no one can, under any pretext, force a child to hump his back in the summer.
How does this happen
The so-called “fifth quarter” is being introduced in schools. The guys are divided into groups and a forced labor schedule 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 processing.
Teachers and principals often threaten that there will be some kind of sanctions if the student does not work. For example, they will leave you for the second year or something else, and they themselves find it difficult to say what. In practice school no way cannot punish a student for not working.
Sometimes it gets to the point of idiocy when parents they go to work for their children. This looks completely wild and resembles a slave system. Don’t be like donkeys, don’t follow the lead of imaginary school directors and headmistresses.
Harm to health
Work at the school in the summer mainly consists of painting walls, removing and removing construction debris and washing floors. Agree, breathing varnish and paint is not very useful. Garbage is heavy and can cause injury. Equipment (shovels, rakes) in children's hands can also pose a danger: children can simply kill or injure each other with a shovel.
Reasons for detention at school
Teachers explain that the reason is supposedly to instill in the child respect for the work and property of the school. But in practice, the school management simply wants to push the dirty work onto the students. Instead of hiring janitors, painters and construction workers, the director entrusts this to schoolchildren. But in this case, he is not at all worried about his own safety: if a child gets injured during such detention, the fact of illegal forced detention will be made public and the director will be severely punished.
Sometimes they even give the example of the graph Lev Tolstoy, who argued the usefulness of work for moral education. But it was he who was the ideological inspirer of Stalin’s and Hitler’s concentration camps. In concentration camps, too, the main idea is that work heals, educates and liberates.
What to do if you are forced to work
In short, you don’t need to do anything, you can just ignore it. No one has the right to force compulsory labor with the exception of the court, which pronounces a guilty verdict and imposes correctional labor as a punishment.
If the school and the director are especially wild and do not 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 administration or Ministry of Education in the regional or republican administration).
In especially brutal cases, there is no 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 teachers will begin to bully your child later, then it is in vain. Again, if they do this on purpose, a complaint to higher authorities will quickly sober them up. They will receive numerous inspections, which will be only too happy to identify as many violations as possible.
conclusions
Remember that working 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 also good ones). So before you protest, first understand the situation. Maybe the children will even be fed and entertained during their summer internship, but you will deprive your child of such an opportunity.
It is illegal to force schoolchildren to work during the summer. This was stated by the Russian Minister of Education. According to Vladimir Filippov, school detention without the consent of students and their parents is pure arbitrariness of school administrations. Every year, school management conducts the so-called “fifth quarter”. Students are forced to paint walls in classrooms and hallways, dig garden beds, and wash floors and windows. School work usually lasts several weeks. Meanwhile, according to lawyers, such obligations are contrary to the Constitution. Russian Federation. Therefore, the student has the right to refuse forced labor.
A difficult holiday. Working off cannot be a conscription. How many days should school work practice last? At what age can schools involve children in work? Can a child be punished if he does not serve the required time? - these questions are now worrying parents of schoolchildren. Needless to say, summer work is not a pleasant duty. Instead of sleeping off after a hard day school year, schoolchildren are forced to drag themselves back to their tired school in the morning, only now they no longer study, but work - watering seedlings in the school plot, sorting out books in the library, washing and painting the walls. At the same time, teachers believe that working for the benefit of the school benefits the children. But parents do not all welcome labor education - inhaling paint and varnish fumes clearly will not improve children’s health, and besides, the work schedule assigned by the school often coincides with the parental leave schedule.
But is working time really so obligatory as school principals, head teachers and class teachers?. Back in 1992 the federal law“On Education” abolished forced labor in schools: “Involving 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 is prohibited” (Article 50, paragraph 14). And also: “Students and pupils of civil educational institutions have the right to freely attend events not provided for by the curriculum” (Article 50, paragraph 16). It follows from this that the school cannot force you to undergo summer work if it is not prescribed in the educational program in any subject as practice. It must be said that work practice hours have disappeared from the curriculum for many years. It turns out that working out is a purely voluntary matter and school administrations do not have the 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 a schoolchild did not complete the assigned period. Rather, the school administration can be held accountable for organizing forced labor. However, educational leaders are in no hurry to make this “terrible” truth public. 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, and there is tension with the cleaning staff. Therefore, the heads of educational authorities respond evasively to questions about the compulsory work period.
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