Educational practice of schoolchildren for and against. Free child labor. Is it legal for students to work during the holidays? What threatens for refusing to take summer practice at school

Apartment selection 12.09.2020

Apartment selection

Working off, familiar to all parents of today's schoolchildren from their childhood, still exists.

In one of the schools in Chelyabinsk, working out in the summer is a mandatory official occupation. When we turned to the class teacher with a question, where its “obligation” was written, we heard in response: “In the charter of the school.”

“I approached our teacher and explained that we were leaving the country for the whole summer,” says Polina, mother of 14-year-old student Natalia. - To which she replied: “Everyone works out in June, and your daughter, as an exception, in the last days of August. Will she fly into town and go to school? That's when it will work." There was no question of not working for the benefit of the school. Only an allergy to flowering is considered a contraindication for testing, and no other medical excuses are accepted.

Children cut bushes in the school yard. A photo: / Kuzmina Nadezhda

The children themselves are not happy with this practice.

“I consider this mining to be nonsense and our exploitation,” says Karina, a student now in 8th grade one of the Chelyabinsk schools. - I didn’t work out last year, and no one said a word to me. Classmates went to school for two weeks and swept the territory. Everyone was angry, because it's summer, but you have to work. Our teacher said that it also helps us all to make friends. I wonder how? We love to be on duty, even sweeping the school, if we are removed from classes for this. But in the summer, during the holidays, I don’t see any advantages. We are not cleaners.

But in one of the schools in Yekaterinburg there is an official loophole for avoiding forced labor.

“We have a city camp at our school in June,” says Olga, mother of 13-year-old Kirill. - In it, the shift lasts two weeks, it is paid, and those children who go to the school camp are exempted from working off. In elementary school, I once sent my son to this camp. The ticket price is small. Meals are included in it, and I decided to let it be at least at the beginning of the holidays under supervision. On the second day of the shift, the child asked me for 500 rubles. They were told to take the money because they were going to an amusement park. The next day - 300 rubles. They told me to ask my parents for a movie ticket, popcorn and a drink. And so every day. When campaigning for a school camp, there was no talk of any additional spending. They promised that there would be a change full of events that the children would like. But not a word about money. My husband and I are counting pennies - I'm on maternity leave with the youngest, half of his salary goes to pay the mortgage. We cannot afford such expenses. Apparently I'm not the only one disappointed. They stopped enrolling in the camp and donating money, and the school management decided to lure like this: you go to the camp - you don’t work out. We have been working since the 6th grade, so if you don’t want to swing a rake, you have to pay.”

In schools, June is a busy time: both exams and working off. Photo: / Nadezhda Uvarova

If you don't want to work, pay!

An even more radical method of replacing working out was invented in one of the gymnasiums in Novosibirsk. Students are offered, according to teachers, the official opportunity to "pay off" from working off. How? Parents' money, of course! “None of the teachers now, during the period of the struggle with extortions, will take money into their hands,” Diana, the mother of 15-year-old Irina, confesses. “But at the meeting they announced to us that it was possible to officially pay off the working off, as well as from numerous shifts. The cost is about 400-600 rubles. No one will clearly tell you the amount, so that God forbid someone pays less. You deposit banknotes through a terminal at a bank with which the school has a service agreement. You need to select the line "Voluntary donations" or "For the repair of the school." We handed over the payment receipt to the teacher. At first it seemed wild to us. After all, this is a legal bribe! And then I personally realized that it was even more convenient. There is no need to ask, excuse the child - all this is humiliating and disgusting. I gave money - and no one owes anyone. Now my daughter is already finishing school, taking exams for the 9th grade, and this year we were told that graduates do not have work. We've paid our dues."

Only those who are in the school camp do not work. A photo: / Kuzmina Nadezhda

Amounts paid to the cashier vary from a few hundred to several thousand rubles. In one of the social networks there is even Group(https://vk.com/otrabotke_net), which describes examples of how teachers demand reworking, while parents and children resist it. There are also stories about cases of threats from teachers, and about the fears of schoolchildren that they will give deuces to those who do not work, they will “spread rot” or not give out textbooks.

“And our parents work for their children,” says Veronica, mother of 15-year-old Natalia. — The school is small, we don’t have rich people, we live in a small town. At the meeting, the teacher outlined the problem: the school needs help. Money, hands, paint, seedlings, paper and so on. We split into groups: someone washes the desks, another pays for the cleaning of the corridor, the third brings seedlings, the fourth plants them. The children can rest in peace, the teacher confirmed. I chose the library. Believe it or not, there were two free days from work. There was a lot of work at home, and I sat with glue and tape and stuck covers on textbooks, and erased bad words on the pages with an eraser. But the child can rest in peace.

Headache for teachers

“Working out is another one of mine headache, - revealing Nadezhda Gennadievna, teacher at one of the gymnasiums in Chelyabinsk.- We have a plot of the school territory assigned to each class. The director requires him to be clean and well-groomed. It is this area that we sweep and free from leaves, plant flowers there, field them, drive dog lovers. Summer is the time to take care of the seedlings. Now you write - and no one will come to work. They say I don't want to and I won't. What will I do? Never mind! Every meeting I appeal to the conscience of the parents, and every Classroom hour- students. I am talking about the obligation to help the school, and about labor education, many of their children are not accustomed to work at all, they are afraid that they will overwork. The director will see that our site is not well maintained. Should I go weeding myself? In Soviet times, everything worked out. They went to the collective farm, plowed like slaves. If only someone would be outraged!

Children are still weeding and removing weeds. A photo: / Kuzmina Nadezhda

The parents of one of the schools in the city of Troitsk, two years ago, appealed to the prosecutor's office with a demand to recognize working during the holidays as illegal. The supervisory authority sided with the applicants. Heads of schools, where they organized working off without the consent of parents and students, made representations about the elimination of violations and announced warnings. All educational institutions of the city took note of the information about the inadmissibility of the formation of the so-called summer labor teams. The prosecutor's office referred to the inadmissibility of forced labor in Russia.

"School can't force you"

“Clause 4, Article 34 of the Federal Law “On Education in the Russian Federation” establishes a ban on involving students without the consent of their parents (legal representatives) in work not provided for by the educational program,” says Candidate of Law, Associate Professor of the Department of Constitutional and Municipal Law of the VolSU Oksana Sharno. - Accordingly, if the work of children is not provided curriculum, the school cannot force the child to come to the so-called "summer work".

At the same time, despite the statutory prohibition of involving students in labor without their consent, in schools local acts (charters, regulations) often include the rules for compulsory passage by students of grades 3-4, 5-9,10 of summer labor practices (working off ). They are organized in order to effectively maintain the school territory, flower garden or garden, improve the quality of labor education, training, vocational guidance for schoolchildren and the organization of socially useful work.

Lawful are such local acts in which the organization of the work of children is carried out with their consent. Accordingly, the normative documents of the school, in which there are no such references, are illegal, violating the rights of students.

Sometimes these are pleasant duties. Like this one - to paint a dull school fence. A photo: / Kuzmina Nadezhda

Oksana Sharno says that she has seen examples of local acts in which work practice was included in the curricula. For example, as a workshop in biology. However, the lawyer notes, according to such curricula, to involve students, for example, in cleaning classrooms, corridors, school grounds, i.e. those works that are not related to the study of biology are not allowed.

“In any case, the school must approve the class schedule and curriculum, and everything that is not provided for by them cannot be mandatory,” says Oksana Sharno. - It is also worth noting that federal legislation guarantees students the right to vacation in accordance with the calendar academic schedule. This right is enshrined in Art. 34 of the Federal Law "On Education in the Russian Federation". At the same time, as a rule, "working off" is assigned to students mainly during their summer holidays. And this is already a violation of the student's right to rest.

Oksana Sharno emphasizes that no sanctions can be applied to students for refusing to work in the summer for the benefit of the school. This is directly at odds with federal law.

“According to paragraph 3 of Art. 43 of the Federal Law “On Education in the Russian Federation”, discipline in an organization engaged in educational activities is supported on the basis of respect for the human dignity of students. The use of physical or mental violence against them is not allowed. To violations and misdemeanors, refusal to participate in the work organized during the period summer practice not applicable. Accordingly, a student who has not expressed consent to perform work as part of a summer practice cannot be held accountable, says Oksana Sharno. - The school can offer to participate in summer work to those who wish, but has no right to threaten and punish. This is a direct violation of the law and the rights of the child.”

What to do?

Art. 45 of the Federal Law "On Education in the Russian Federation" regulates the right to protection of students, their parents, who can independently or through their representatives:

1) send appeals to the school about the application of disciplinary sanctions against teachers who violate or infringe on the rights of students. Such appeals are subject to mandatory consideration with the involvement of students and their parents;

2) apply to the commission for the settlement of disputes between participants in educational relations;

3) use other methods of protection. For example, you can file a complaint with the prosecutor's office, the education committee or the commissioner for children's rights.

“Appeals to the principal of the school on the fact of forced labor should be submitted in writing. It is necessary to indicate the refusal of labor work, duty, due to the fact that such requirements contradict the norms of Article 34 of the Federal Law “On Education in the Russian Federation,” advises Oksana Sharno.

Is summer internship legal at school? Are students required to take it? The practice lasts 10 days, 3 hours each. and got the best answer

Answer from Ekaterina Ekaterina[guru]
We tried to do something like that, but we did not go)))
here's another:
Today the situation has changed. Currently, summer labor practice is excluded from the curricula of general education schools. According to the current federal law "On Education", Article 50 - Rights and social protection of students, pupils - says:
14. Involvement of students, pupils of civil educational institutions without the consent of students, pupils and their parents (legal representatives) to work not provided for by the educational program is prohibited.
16. Students, pupils of civil educational institutions have the right to free attendance at events not provided for by the curriculum.
Therefore, voluntariness should become a fundamental principle in deciding whether to involve students in work. At the same time, the consent of some students is not enough: the consent of their parents (legal representatives) is necessary. Engaging children to work without their consent and the consent of their parents is forced labor, and by virtue of Ch. 2 tbsp. 37 of the Constitution of the Russian Federation forced labor in Russian Federation is under the strictest prohibition. The specified norm of the Constitution of the Russian Federation is based on international law: Art. 8 - forced and compulsory labor is prohibited by the International Covenant on Civil and Political Rights.
Source: don't go anywhere :P

Answer from Îla[guru]
legal. Always has been and always will be.

Answer from Vladimir Sakhnenko[guru]
ten days is not that long. And then in the summer you are bored, but you do it all

Answer from Denis Denis[newbie]
Shit is everything. We have practice in Germany for 3 weeks, 7 hours a day, instead of school. Wherever you want, you can work. I had an internship in the hospital. It was in 9th and 11th grade

Answer from Yergey Moiseich[active]
The ex-Minister of Education of the Russian Federation Vladimir Filippov also said 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 turn to 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 compulsory (if it is not provided for by the educational program) and is a voluntary affair of parents and their children.

Answer from Yaisiya Konovalova[guru]
But what, is it difficult for a child of 12 to sweep a path or water flowers in a flower bed? Isn't it too early to join the old men?

Answer from Kostya sapado[active]
3 hours is not much. Practice is at school, college, technical school, institute. It is legal.

Answer from OLga Solomon[guru]
At one time, in our school, in the 9th grade, we had car business lessons - as much as 5 hours a week on Tuesdays. We girls were not interested, and we often ran away. Then, in June, a month-long practice in car business began: I had to go to school every day and mess around with all sorts of pieces of iron in the garage. There were guys who did it with pleasure, but I declared a boycott, said: I won’t go! I got a job at a leather factory, worked for a month, earned money. I was given a deuce for practice, but I studied well - without triples. Mom comes from the meeting and says: - you're a loser! BUT nothing, they transferred to the 10th

Answer from Alexander[guru]
forced to work is not legal, only with your consent, but then do not be offended if they underestimate grades, it is also legal

Answer from elvira ilyushina[active]
At our school, too, the practice also lasts in the summer for 1.5 or sometimes 2 hours, 11 days it infuriates but not so much walking, oh, I always go from the 5th grade from June 1 to get off right away
and then 3 months that would not go anywhere

Answer from Nastya Tolkacheva[newbie]
The head teacher of the school told me: You should go to practice because you didn’t go to the summer. In response, I said: how much will you pay for my work, 21st century. people what practice? They have workers, let them clean, that is, they do their direct work. I go to school to get knowledge and not to clean the school grounds!

Practically all modern schools quite actively attract schoolchildren to work in the form of summer school practice. Everything would be fine, but many educational institutions threaten not to transfer the student to the next class 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 the school summer practice?

Many educational institutions interpret summer practice at school as a kind of training sessions. However, we are well aware that this is not the case. In fact, 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 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, now we are talking only about general education schools, since this is not practiced in specialized lyceums.

There is no doubt that such work should be done by the technical staff of the school.

It is hardly possible to find such a student who would proudly say: “I like summer practice!” And all because students just 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?

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 a mandatory event at all. This is stated in 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. If we briefly state the essence of this article, then it boils down to the following: schoolchildren studying in general educational institutions do not have the 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. Paragraph 16 of the article of the Law states that all schoolchildren of the institution can attend events (which are not provided for by the curriculum) in a 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 been included in the 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 children to work without their consent.

Therefore, when the principal of the school starts talking about the fact that he will not transfer the student to the next class if he does not attend practice, then you can safely hold the administration of the educational institution accountable for forced labor. And this can lead to a large fine or even dismissal.

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

The ex-Minister of Education of the Russian Federation Vladimir Filippov also said 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 turn to 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 compulsory (if it is not provided for by the educational program) and is a voluntary affair of parents and their children.

"Work out the practice." How much is familiar in this phrase for those who studied under the USSR and in the first years of the post-Soviet collapse! The use of free child labor was called labor education. Schoolchildren cut grass and bushes with clerical scissors, whitewashed curbs with caustic lime, worked with dangerous chemicals, and carried heavy loads. And what is happening now?

"A can of paint or 120 hryvnia if you don't want your child to work." School practice - hello from the past of the socialist era - is again on the lips and discussed at parent meetings in the city's schools. In one of these schools, parents have already been confronted with the fact: “Determine whether the child will work in the first or second month.” The buyout price is building materials or money.

Words that such actions are unacceptable, and indeed illegal, are not heeded at school. “These are traditions, it has always been like this,” the teachers and the school administration retort.

Surprisingly, the "traditions" of using free child labor to run some schools seem to be higher than government decisions and official clarifications from the Ministry of Education.

“The legal framework of the Ministry of Education does not provide for summer labor practice in general educational institutions,” says Deputy Minister of Education and Science of Ukraine Pavlo Khobzey:

“According to Part 2 of Art. 51 of the Law of Ukraine "On Education", the distraction of pupils, students, cadets, trainees, interns, clinical residents, graduate students, doctoral students at the expense of study time for work and implementation of activities not related to the learning process is prohibited, except as provided by the decision of the Cabinet of Ministers Ukraine. Currently, the annual labor practice is excluded from the Model Curricula of General Education Schools approved by the Ministry. Voluntariness is the main principle when deciding whether to involve students in work. At the same time, the consent of the students themselves is not enough: the consent of their parents (legal representatives) is necessary. Engaging children to work without their consent and the consent of their parents is forced labor, which is prohibited by law.”

The Department of Education and Science of the Kamensk City Council does not encourage, but does not prohibit the use of free child labor in schools. This becomes clear from the comment of Tatyana Onishchenko, director of the department:

“We need to follow the law. Whether there will be a summer practice or not, we do not establish. According to the law, all educational institutions are autonomous and such issues are resolved independently. We have never written any orders for summer internships and will not write them. At the same time, who should keep the summer flower beds? Schools are finding a way out: they are discussing the possibility of creating an "ecological landing" so that children can also help in the upkeep of flower beds. We haven't received any requests from parents about summer internships yet. The law does not provide for summer practice today.”

“Labor practice is absolutely illegal,” lawyer Denis Monatko told us about this:

“The use of forced labor is prohibited” - this is the provision of the Constitution of Ukraine (Article 43). The norms of the Constitution are the norms of direct action, i.e. for their application it is not necessary to refer to other laws. But let's look at the issue in more detail. According to §2 Art. 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, no one shall be subject to forced or compulsory labor. As you can see, this article is a little wider in meaning than the article of the Constitution, but the norms of the Convention are also part of the legislation of Ukraine, therefore they are also binding on everyone.

The term "forced or compulsory labor" means "any work or service which is exacted from any person under the menace of any penalty, for which that person has not offered his services voluntarily" (Van der Messele v. Belgium, ECtHR, case no. 80).

It should be noted that the consent of the student still does not say anything, because he (as a person of a minor or minor) is limited in capacity (the ability of a person to acquire and exercise rights and obligations by his actions), which means that in addition to his consent, you also need consent of his legal representatives - parents or persons replacing them.

Based on this, the student has every right to refuse any work that they are trying to impose on him or, even unobtrusively, offer to do. These are not his duties. The exception is practical classes (for example, in physics lessons, since this is part of educational process). Also, every student has the right to protection during the educational process, in particular, from any form of exploitation (Article 53 of the Law of Ukraine "On Education").

In addition to the fact that the student may refuse, the teacher and the school as a whole do not have the right to use the work of the student - this is the main thing. You can talk for a long time about the usefulness of work at school, but you need to respect the rights of children. I do not think that adults themselves will agree to free and forced labor. Therefore, the so-called labor practice is absolutely illegal. The facts of the use of forced or compulsory labor must be reported to law enforcement agencies or complaints must be written to the principal of the school, as well as higher (in the hierarchical ladder). As a last resort, everyone has the right to legal protection.

Today it is customary to talk a lot about reforms, the destruction of "schemes" and "systems", however, on such a simple example as work practice at school, the foundations for the global system of corruption in Ukraine are being created. From the school bench, the younger generation absorbs that in order to receive preferences, you can bring a can of paint or money.

At the university, the older generation will be “taught to live” more rigidly and more expensively, but according to a similar principle. And then, having entered adulthood, a citizen of Ukraine will already know how to feed an official, a policeman, a doctor. A can of paint is just an image, and in this matter Ukraine differs little from the country of 2014. Maybe it's time to change something?

Legal advice:

1. Concerning summer labor practice at school. Is it mandatory or not?

1.1. summer work experience at school is mandatory if it is included in the Curriculum. But most likely not, because given form education is not provided for by the Federal State Educational Standard and is a vestige of the Soviet era.