Educational practice of schoolchildren for and against. Free child labor. Is it legal for schoolchildren to work on vacation? What threatens for refusal to undergo summer practice at school

Choosing an apartment 12.09.2020

Choosing an apartment

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

In one of the schools in Chelyabinsk, working off in the summer is a compulsory official lesson. When we turned to the class teacher with the question of where its "obligation" is spelled out, we heard in response: "In the school charter."

“I went up to our teacher and explained that we were leaving the country for the whole summer,” says Polina, mother of a 14-year-old student of Natalia... - To which she replied: “Everyone works out in June, and your daughter, as an exception, in the last days of August. She will fly into town and go to school? Then it will work. " There was no question of any opportunity not to work for the good of the school. Only an allergy to flowering is considered a contraindication for working off, and no other medication is accepted. "

Children in the schoolyard are cutting bushes. Photo: / Kuzmina Nadezhda

Children themselves are not delighted with this practice.

“I consider this practice nonsense and our exploitation,” says Karina, a student of now grade 8 one of the Chelyabinsk schools. - I did not 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 was summer, and you have to work. Our teacher said that this also helps us all to make friends. I wonder how? We love to be on duty, even to sweep the school, if we are removed from lessons for this. But in summer, on vacation, 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 the 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 cost of the ticket is small. It includes meals, and I decided to be supervised at least at the beginning of the holidays. 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 the amusement park. The next day - 300 rubles. They told them to ask their parents for a movie ticket, popcorn and a drink. And so every day. When campaigning for a school camp, there was no question of any additional spending. They promised that there would be an eventful shift that the children would like. But not a word about money. So 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 a waste. Apparently, not only I was disappointed. They stopped enrolling in the camp and donating money, and the school management decided to lure in this way: you go to the camp - you don't work out. We have worked since the 6th grade, so if you don't want to wave 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 off was invented in one of the gymnasiums in Novosibirsk. The students were offered, according to the teachers, an official opportunity to "pay off" from working off. How? With parents' money, of course! “None of the teachers now, during the struggle against extortions, will not take money in their hands,” says Diana, mother of 15-year-old Irina. - But at the meeting they announced to us that it was possible to officially pay off from working off, as well as from numerous shifts. The cost is about 400-600 rubles. Nobody will tell you the exact amount, so God forbid someone would pay less. You deposit banknotes through a terminal in a bank with which the school has a service agreement. You need to select the line "Voluntary donations" or "For school renovations". We handed over the receipt of payment to the teacher. At first it seemed wild to us. After all, this is a legalized bribe! And then I personally realized that it’s even more convenient. There is no need to ask permission, to excuse the child - all this is humiliating and disgusting. I gave the money - and no one owes anyone. Now my daughter is already graduating from school, passing exams for the 9th grade, and this year we were told that graduates have no working hours. We paid ours, it means. "

Only those in the school camp do not work. Photo: / Kuzmina Nadezhda

The amounts paid to the cashier vary from several hundred to several thousand rubles. One of the social networks even has group (https://vk.com/otrabotke_net), which describes examples of how teachers demand detention, and parents and children resist it. There are also stories about cases of threats from teachers, and about the fears of schoolchildren that those who have not worked will be given two marks, they will be "spread rot" or will not be given textbooks.

“And our parents work for their children,” says Veronica, mother of 15-year-old Natalia... - The school is small, we have no rich, 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, the other pays for the cleaning of the corridor, the third brings the seedlings, the fourth plants them. Children can rest easy, the teacher confirmed. I chose the library. Believe it or not, there were two days off from work. At home, there are plenty of things to do, and I sat with glue and tape and pasted the covers on textbooks, and erased the bad words on the pages with an eraser. But the child can rest easy. "

Headache of teachers

"Working out is another mine headache, - confesses Nadezhda Gennadievna, a teacher at one of the grammar schools in Chelyabinsk.- We have a section of the school territory assigned to each class. The director demands that he be clean and well-groomed. It is this area that we sweep and free from leaves, plant flowers there, field them, chase the dog owners. Summer is the time to take care of the seedlings. Now you write - and no one will come to work. They will say I don't want to and I won't. What will I do? Never mind! Every meeting I appeal to the conscience of my parents, and every class hour I appeal to my students. I am talking about the obligations to help the school, and about labor education, many of their children do not teach 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, they worked out everything. We went to the collective farm, plowed like slaves. If only someone was outraged! "

Children still weed and remove weeds. Photo: / Kuzmina Nadezhda

Parents of one of the schools in the city of Troitsk, two years ago, turned to the prosecutor's office with a demand to declare illegal working off during vacation time. The supervisory authority sided with the applicants. Heads of schools, in which detention was organized without the consent of parents and students, were introduced to the elimination of violations and issued warnings. All educational institutions of the city took note of the information about the inadmissibility of the formation of the so-called summer labor brigades. The prosecutor's office referred to the inadmissibility of forced labor in Russia.

"School can't force"

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

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

Legal are such local acts in which the organization of labor of children is carried out with their consent. Accordingly, the normative documents of the school, in which there are no such references, are illegal and violate the rights of students. "

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

Oksana Sharno says that she has come across examples of local acts in which work practice was included in 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 connected with the study of biology are prohibited.

“In any case, the school must approve the schedule of classes and the curriculum, and everything that is not provided by them cannot be obligatory,” says Oksana Sharno. - It is also worth noting that federal legislation guarantees students the right to vacations in accordance with the academic calendar. This right is enshrined in Art. 34 FZ "On Education in the Russian Federation". At the same time, as a rule, "work off" is assigned to students mainly during their period. 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" the discipline in an organization carrying out 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. Refusal to participate in work organized during the summer practice does not apply to violations and misconduct. Accordingly, a student who has not agreed to perform work as part of the summer practice cannot be held liable, says Oksana Sharno. - The school can offer to take part in summer work, but it 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 an appeal to the school regarding 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, 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 children's ombudsman.

“It is advisable to submit appeals to the school principal on the fact of compulsion to work off in writing. It is necessary to indicate the refusal of labor work, shifts 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 practice at school legal? Are students obliged 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 didn't go)))
here's another:
Today the situation has changed. At present, summer work 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. Attracting 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 freely attend events not provided for in the curriculum.
Consequently, voluntariness should become a fundamental principle when deciding on attracting students to work. At the same time, the consent of students alone is not enough: the consent of their parents (legal representatives) is required. Engaging children in 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: R

Answer from Ўla[guru]
legal. It has always been and will be.

Answer from Vladimir Sakhnenko[guru]
ten days is not so much. And then in the summer it's boring, and that's all you do

Answer from Denis denis[newbie]
This is all bullshit. We have practice in Germany for 3 weeks, 7 hours a day, instead of school. You work wherever you want. I did an internship at the hospital. It was in grades 9 and 11

Answer from Yergey Moiseich[active]
Ex-Minister of Education of the Russian Federation Vladimir Filippov also stated that school summer practice is illegal. He said that any school work without the consent of students and their parents can be positioned as pure arbitrariness of the administration of the educational institution. Moreover, if you contact any qualified lawyer, he will confirm the above words that such obligations simply contradict the Constitution of the Russian Federation. Therefore, absolutely any student can not worry and refuse such a work off. Thus, summer school practice cannot be compulsory (if it is not provided for in the educational program) and is a voluntary matter of parents and their children.

Answer from AisiyaKonovalova[guru]
Is it difficult for a 12-year-old child to sweep the path or water the flowers in the flowerbed? Didn't you sign up early as old people?

Answer from Kostya Sapado[active]
3 hours is not a lot. There is practice 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 auto business lessons - as much as 5 hours a week on Tuesdays. We girls were not interested and we often ran away. Then, in June, there was a month-long practice in auto business: you had to go to school every day and tinker 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 processing plant, worked for a month, earned money. I was given a two for practice, and I studied well - no three. Mom comes from the congregation and says: - you are a poor student! BUT nothing, in the 10th was transferred

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

Answer from elvira Ilyushina[active]
In our school, the practice also lasts 1.5 or sometimes 2 hours in the summer, 11 days it infuriates, but it’s not that much to walk, oh, I always go from grade 5 from June 1 to get off right away
and then 3 months so that there is no place to go

Answer from Nastya tolkacheva[newbie]
The head teacher of the school told me: You have to go to practice, because by the summer you did not go. I replied: how much will you pay for my work, 21st century. people what practice? They have workers and let them clean up, that is, they do their direct work. I go to school to gain knowledge and not clean the school grounds!

Almost all modern schools are quite active in attracting schoolchildren to work in the form of summer school practice. Everything would be fine, but many educational institutions threaten not to transfer a student to the next grade if he does not work a certain number of hours. How legal and useful is summer practice for a child? We will talk about this in today's article.

What is the essence of school summer practice?

Many educational institutions treat summer practice at school as a kind of training sessions... However, we are well aware that this is not the case. In fact, it all boils down to the fact that the kids wash windows and desks for several hours in a row, and then clean the schoolyard, doing the work of the technical staff. In most cases, this practice is an initiative of the school administration and does not even appear in the curriculum. What can she give? And nothing but the invaluable skill of waving a broom. Of course, we are now talking only about general education schools, since this is not practiced in specialized lyceums.

There is no doubt that this work should be done by the school's technical staff.

You can hardly find such a student who would proudly declare: "And I like summer practice!" And all because students just lose two, and sometimes even three weeks of vacation, which they could have spent on the seashore, in a sports, health camp or somewhere else, in order to have time to relax and miss school.

What is spelled out in the law?

Do not rush to arm yourself with a broom, a mop and run to work out the necessary hours. It turns out that summer practice at school is not an obligatory event at all. This is stated in the federal law "On Education", where, back in 1992, forced labor at school was abolished. It is enough to look at article 50, paragraphs 14 and 16. To summarize the essence of this article, it boils down to the following: schoolchildren studying in general education institutions have no right to be involved in work (if it is not provided for by the educational program) without the consent of the students themselves and their parents. Clause 16 of the article of the Law states that all schoolchildren of the institution can attend events (which are not provided for in the curriculum) in free form.

As you can see, the school cannot just take and force the child to work out the school summer practice. It is also worth noting that the hours of school practice themselves have not figured in curricula for a long time. It turns out that working off should be a purely voluntary matter, and the school administration has no constitutional right to force the children to work without their consent.

Therefore, when the headmaster starts talking about not transferring the student to the next class, if he does not attend practice, then you can safely bring the administration of the educational institution to responsibility for forced labor. And this can threaten with a large fine or even dismissal.

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

Ex-Minister of Education of the Russian Federation Vladimir Filippov also stated that school summer practice is illegal. He said that any school work without the consent of students and their parents can be positioned as pure arbitrariness of the administration of the educational institution. Moreover, if you contact any qualified lawyer, he will confirm the above words that such obligations simply contradict the Constitution of the Russian Federation. Therefore, absolutely any student can not worry and refuse such a work off.

Thus, summer school practice cannot be compulsory (if it is not provided for in the educational program) and is a voluntary matter of parents and their children.

"Practice practice." How familiar is this phrase for those who studied under the USSR and in the early years of the post-Soviet collapse! The use of free child labor was called labor education. The schoolchildren cut grass and bushes with office scissors, whitewashed curbs with caustic lime, worked with dangerous chemicals, and dragged weights. What is happening now?

"A can of paint or 120 hryvnia if you don't want your child to work." School practice - greetings from the past 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 faced the fact: "Decide whether the child will work in the first or second month." Buyback price - building materials or money.

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

Surprisingly, the “tradition” of using free child labor for the leadership of some schools seems to go beyond government decisions and official explanations from the Ministry of Education.

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

“According to Part 2 of Art. 51 of the Law of Ukraine "On Education", the distraction of pupils, students, cadets, listeners, trainees, clinical residents, graduate students, doctoral students at the expense of study time to work and the implementation of activities not related to the learning process is prohibited, except for cases provided for by the decision of the Cabinet of Ministers Ukraine. At present, one-year work practice has been excluded from the Model Curricula for General Education Schools approved by the Ministry. When deciding on the involvement of students in work, the main principle is voluntariness. At the same time, the consent of the students themselves is not enough: the consent of their parents (legal representatives) is necessary. Engaging children in 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 Tatiana Onishchenko, director of the department:

“We need to comply with the law. Whether it will be summer practice or not, we do not decide. According to the law, all educational institutions are autonomous and decide such issues independently. We have never and will not write orders for the summer practice. At the same time, who should maintain 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 maintaining flower beds. Parents have not yet approached us about the summer practice. The law does not provide for summer practice today. "

« Labor practice is absolutely illegal, ”attorney Denis Monatko told us about this:

"The use of forced labor is prohibited" - this is the provision of the Constitution of Ukraine (Art. 43). The norms of the Constitution are norms of direct action, that is, 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 should be involved in 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 mandatory for everyone.

The term “forced or compulsory labor” means “any work or service demanded of a person under threat of any punishment, for the performance of which that person has not voluntarily offered his services (Van der Messele v. Belgium, ECtHR, case No. 08919 / 80).

It should be noted that the student's consent does not mean anything yet, since he (as a minor or minor) is limited in legal capacity (the person's ability to acquire and exercise rights and obligations by his actions), which means that in addition to his consent, one also needs the 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 it. These are not his duties. An exception is practical training (for example, in physics lessons, since this is part educational process). Also, every student has the right to protection during the educational process, in particular, from any forms 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 have no right to use the student's labor - this is the main thing. You can talk for a long time about the usefulness of work in school, but you need to respect the rights of children. I don't think the adults themselves would 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 notified to law enforcement agencies or complaints to the school principal, as well as higher (up the hierarchical ladder). As a last resort, everyone has the right to legal protection.

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

At the university, the grown-up 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 the 2014 sample. Perhaps it's time to change something?

Legal advice:

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

1.1. summer work practice at school is compulsory if included in the Curriculum. But most likely not, since given form training is not provided for by the Federal State Educational Standard and is a rudiment of the Soviet era.