It turns out that in many Russian schools, teachers force children to come in the summer to work in the garden beds. I would like to note that all this work is carried out without payment to the workers. Of course, some schools may make concessions and pay for the student’s work. However, this is not profitable for the school, so everything is done for free. Not only do they not pay for a few hours in the heat, but they can also be so loaded with work that you will only want to sleep for the rest of the day. If a student refuses to go to detention, then the teacher in most cases begins to blackmail. It could be anything! And grades in the certificate, and a year of cleaning the classroom, and expulsion from school for a serious reason. The school does not have the right to do such actions.
According to Article 14 of the Law “On Education”, an educational institution does not provide for children to work for the school. After all, school is a place for learning and students are not required to do any physical work. The only responsibility of schoolchildren is to study, complete assignments, and prepare for subjects. Working in school, being on duty in a classroom, or doing general cleaning is illegal. Everything must be on a voluntary basis. Also, if a child is not yet fourteen, then his teacher does not have the right to force him to rearrange anything, go somewhere or wash his desks. Of course, many are trying to put pressure on children. And strange as it may seem, this happens.
If a student wants to avoid school detention, no matter for what reasons, then he should be protected by certain articles of the Russian Federation. You should definitely read the Convention on the Rights of the Child, Article 31, the Law of the Russian Federation “On Education”, Article 50, paragraph 14. It is clearly written there that the teacher does not have the right to leave a student on duty in the classroom after school or force him to work in the summer. If the teacher refuses to accept this law, then we can talk about the 182nd Convention (Part 1, Article 5.7 of the Code of Administrative Offenses of the Russian Federation). It states that the exploitation of child labor is prohibited. For failure to comply, a person will be punished with a fine. There is a Declaration and Convention on the Rights of the Child, where all public authorities stand up for protection. So, if the teacher argues, you can go to court. If the child is right, then victory remains on his side in any case.
It is worth considering that the student may not work at school. There is a law that does not provide for a child to work for a school. For this there are janitors, technicians, and the same teachers who are paid extra for this. The fact is that if students do not go to these same detentions, then the teacher will be given a minus on his personal file and will also be deprived of his bonus. At meetings they say that the class that did not go to work in the summer is ill-mannered and undisciplined. The director reprimands teachers harshly and strictly. If the schoolchildren do not come, the teacher is obliged to independently complete the work at the site. But modern teachers will not humiliate themselves like that and would rather force children to do this. Of course, now children are very spoiled and principled. They will not talk for long, but simply will not come. And at the beginning of the school year, the teacher reprimands them and forces them to be on duty in the classroom for some time. But you absolutely cannot do this, because it is illegal.
First of all, there must be school work at will. After all, this is the twenty-first century and serfdom has long been abolished. Therefore, if a student is faced with such a situation and it is impossible to solve this problem with the teacher, then it is worth contacting educational supervision. Of course, it is advisable to provide evidence. This could be a witness or a voice recorder. This way it will be easier to prove the truth. Of course, if you don’t want to put the school on the spot and start a conflict, then first you need to turn to your parents for help. They must come up and talk to the teacher about the fact that the school has no right to force the child to work. But if the teacher refuses to listen and puts forward his own version, then you should talk to the director. In general, a director who knows the laws will not argue or create conflicts. He will make concessions, and even apologize.
Parents also have the right to demand that that teacher be fired. But it happens that the director says that their school provides for such detentions. In this case, you need to contact the city council. They'll definitely sort it out there. Therefore, it is up to the student to decide whether to go to summer work at school or not, because Russia is a free country!
Labor practice was an integral part of the educational process of the Soviet school. Children were involved in school duty, in school work, and in other jobs. To what extent this practice is legal today, we will find out 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, working hours 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):
- hard 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 of the Ministry of General and Professional Education of the Russian Federation 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 for 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 in general education subjects that have a practical orientation and correspond to their psychophysical capabilities, and skills in various work profiles. Pupils are taught the skills of independent work, for this purpose they are involved in work activities 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 the special educational needs of students with disabilities. The length of the working day during industrial practice is determined by the labor legislation of the Russian Federation. 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 correctional institution of the VIII type ends with a certification (exam) on labor training, consisting of two stages: practical work and an interview on issues of 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.
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 all the wonderful words said 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, labor teams are determined that will be engaged in a certain type of 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.
Each class teacher and subject teacher works together with the children in their 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 shows 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. Many times we have observed that not very active children who did not find themselves in a class team were 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 absolutely had 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 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 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 have proven 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.
The work of students at school outside of school hours is not the scope of legal regulation of 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.
- 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 class? 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 the curricula of general education institutions and students cannot be forced to participate in it, without the consent of their parents or legal guardians , since this event is not included 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 day-time school camps, specialized camps (camps for gifted children, sports camps, for children at risk, environmental camps), 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. Also, all educational institutions, together with the regional State Institution “Employment Center of the Chernigov Region”, are engaged in the employment of teenagers 14-18 years old in repair crews 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 vacation 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 old are entered into official employment contracts and paid salaries. 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 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.
Many Russian schools still practice summer work, 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 not relevant at the moment. However, many educational institutions continue to resort to child labor.
Table of contents:Legislative basis for summer work at school
Based on clause 14 of Art. 50 of the Federal Law “On Education”, the involvement of schoolchildren or students of organizations involved in their education in labor duties that are not included in the school curriculum is not permitted. A similar rule was in effect on the territory of the USSR until 1992, when it was abolished at the legislative level.
Please 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, an educational institution does not have the right to force a student and his official guardians to work, in cases where it is not recorded in the curriculum in terms of practice in the subject. Practice in an academic subject can be expressed in the following types of activities: working with repair equipment, sewing work, tidying up a workplace in a classroom intended for a labor lesson, etc.
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 student’s medical indicators 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 class for detention. They often mean cleaning classrooms during the school year after classes end;
- 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. There should be no penalty for refusing to undergo summer work. 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 an internship in the summer, 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. In this case, no one has the right to involve him in work.
