Problem

Despite the fact that school practice is voluntary for students, school directors oblige students to undergo practice. Otherwise, they threaten not to transfer the child to the next class or not to issue textbooks. If the student does not want to work, he must pay money (the amount depends on the number of days). Tell me, how legal are the actions of schools?

Solution

Labor, 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 for the legislation on education of the Russian Federation, in paragraph 14 of Art. 50. Law of the Russian Federation of 10.07.1992 N 3266-1 (as amended of 27.12.2009) "On Education", which is called "Rights and social support of students, pupils" establishes a ban on attracting students, pupils of civil educational institutions without their consent or consent of their parents (legal representatives) to 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 at the protest of the prosecutor.

As for the duty in the classroom, there is a separate conversation in general - there are technical staff in schools who, by virtue of their position, are obliged to mop the floor. And the 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 establishes norms for how much certain categories of workers can lift) and hygiene standards (the water is still dirty and it is unlikely that the child will good contact with her).

However, let's get back to working off - paragraph 16 of Art. 50 of this law reads: "Students, pupils of civil educational institutions have the right to free attendance at events not provided for by the curriculum"

From these norms, it follows that the school cannot force you to work in the summer if the practice is not prescribed in the educational program for any subject (Exactly as a practice. For example, in biology - work on the school site). But we 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 off - since we found out that this is a purely voluntary matter, therefore, the question of liability has been removed - it cannot be. If, however, the school administration nevertheless takes measures to punish the student (a 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 principal.

If it does not help, then to the mayor's office.

Signatures should be put by everyone in the class (a few nerds don't care).

The school is so shaken up that the administration will nevertheless begin to issue money for school maintenance and not spend it in an unknown direction.

Solution

The school curriculum may include educational practice, which is provided for by the curriculum. Therefore, if a child is referred for an internship, you may ask on the basis of what this referral is happening. If this is not provided for by the curriculum or the charter of the school, respectively, you have every right not to go there. This refusal cannot be a reason not to transfer the child to another class or not to issue textbooks.

As for exacting money, this also goes beyond the scope of lawful 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 off. You may ask if they will give you a financial document confirming that you paid money for the practice. I doubt they will do it. But you can insist, so that later you can use it as an argument in your defense. But, I think that the school will not go for this all the same, although ....

Conclusion: talk peacefully with the teacher (head teacher) and ask to see the documents where these questions are fixed (that is, where it says that the child must work or pay). If a peaceful conversation does not work out, then you can apply with a statement about the violation of the rights of the child (you as the legal representative of your child) to the Ministry of Education of your region (well, or, for a start, the city's education department), where you state everything. You can simultaneously apply with a statement to the Prosecutor's Office (the content is similar). I believe that if you notify the teachers that you will apply there for an explanation of your rights, then they will not demand further money from you. And if they do, then it can already smell like a criminal act, and this is even more serious.

School. How many of us remember and speak of her with warmth and love? And if you take into account the mandatory working off in the summer, then it becomes completely sad. Not only do children suffer there for a whole year, they also “should” go to some kind of compulsory work, as if they were prisoners. Is summer school work legal?

Legislative perspective

In 1992, the law on education abolished compulsory work at school. Think about it, back in 1992, that is, the devil knows how many years ago.

Compulsory training at school is contrary to the Constitution of the Russian Federation, which operates rigorously throughout the country.

Ministers of Education have repeatedly made public statements and clarifications that forced summer labor is the purest water arbitrariness local school administrations. No one can, under any pretext under current laws, force a child to hunchback in the summer.

How does this happen

The so-called "fifth quarter" is being introduced in schools. The guys are divided into groups, a schedule of forced labor 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 working off.

Teachers and director often threaten that there will be some kind of sanctions if the student does not work. For example, they will leave for the second year or something else, and they themselves find it difficult to say what. In practice, the school no way cannot punish a student for not working.

Sometimes it comes to idiocy when parents go to work for their children. This looks completely wild and resembles a slave system. Don't be like donkeys, don't go on about the directors and headmistresses of schools who think they are.

Harm to working out for health

Work at the school in the summer mainly consists of painting the walls, cleaning up and taking out construction debris, and mopping the floors. Agree, it is not very useful to breathe varnish and paint. The trash is heavy and can hurt you. Inventory (shovels, rakes) in children's hands can also be dangerous: children can simply kill or maim each other with a shovel.

Reasons for working at school

The teachers explain that the reason is allegedly to instill in the child respect for the work and property of the school. But in practice, the school management just wants to push the dirty work onto the students. Instead of hiring janitors, painters and builders, the headmaster entrusts it to schoolchildren. But in this case, he is not at all worried about his own safety: if a child is injured during such working off, the fact of illegal forced working off will be made public and the director will be severely punished.

Sometimes they even cite the example of a graph Lev Tolstoy who argued the usefulness of labor for moral education. But it is he who is the ideological inspirer of Stalin's and Hitler's concentration camps. In concentration camps, too, the basic idea is that work heals, educates and liberates.

What to do if forced to work

In short, you don't need to do anything, you can just ignore it. No one has the right to compel to compulsory labor, except for the court, which pronounces a guilty verdict and imposes correctional labor as a punishment.

If the school and the director are especially wild, they just don’t 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 government or Ministry of Education in the regional or republican administration).

In particularly brutal cases, you do not 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 your child will be bullied later by the teacher, then this is in vain. Again, if they do it on purpose, a complaint to higher authorities will quickly sober them up. Numerous checks will come to them, which will only be happy to reveal as many violations as possible.

conclusions

Remember that working out 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 good ones). So before you protest, first understand the situation. Maybe the children during the summer practice will even be fed and entertained, and you will deprive your child of such an opportunity.

Many Russian schools still practice summer work, obliging schoolchildren to come to various events to work for the good of the institution. Often times it takes about two weeks. However, many parents have a question about this event. This is not unreasonable, because such developments were supposed even during the existence of the USSR, which is not relevant at the moment. However, many educational institutions continue to resort to child labour.

Table of contents:

Legislative basis for summer work at school

Based on paragraph 14 of Art. 50 of the Federal Law “On Education”, the involvement of schoolchildren or pupils of organizations involved in their education in labor duties that are not included in the school curriculum is not allowed. A similar rule was in effect on the territory of the USSR until 1992, when it was abolished at the legislative level.

note

The implementation of summer labor activity on the territory of the school is possible only with the consent of the student and his parents.

The following activities are included in summer practice: cleaning classrooms and the surrounding area of ​​the school, feasible work on land plots related to the school, and so on.

Thus, an educational institution does not have the right to force a student and his official guardians to work, in the case when it is not fixed in the curriculum in the context of practice for the subject. Practice in a subject can be expressed in the following activities: working with repair equipment, sewing work, putting in order the workplace in the classroom intended for labor lessons, and so on.

At the same time, the school curriculum does not provide for specially allotted hours for working off 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 the performance of their child's labor duties. It is also important to understand that such training should not contradict the student's medical indicators and comply with all safety standards, according to the professional requirements of training.

What threatens for refusing to take summer practice at school

It is not legal to force you to take a summer internship at a school. Therefore, the punishment for failure to perform this type of activity is also illegal. This means that in case of refusal to perform certain labor duties, the student and his parents are not in danger.

However, in many educational institutions, the use of the working labor of schoolchildren is still common. The official way to bring the school to a clean state is to hire specialists who will perform the agreed scope of work for the appropriate payment.

Often use such methods of influence to obtain consent to work after the end of the academic year:

• the threat of not confirming the transition of the child to the next class;
• the threat of not providing free printed material to the child for a year;
• the threat to leave the child after class for work. Often they mean cleaning the classrooms in the academic year after the end of the lessons;
• justification that the child will be in conflict with other classmates who have completed summer practice.

Despite the fact that the requirement for mandatory completion of summer work is illegal, some educational institutions use the following types of manipulations:

• introduction of a provision on the mandatory occurrence of summer work in 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;
• introduction of a provision on the mandatory passage of summer work into the school curriculum. Often, such an event is referred to as biology, arguing this by providing schoolchildren with deeper knowledge about plant growth. However, cleaning classrooms and school grounds cannot be included here;
• an unpopular method is the creation of special labor detachments from schoolchildren. In this case, payment for the work performed is assumed.

All of these activities are illegal. Nothing should threaten anyone for refusing to take summer work. In the event that pressure is exerted on a student or his parents, they can thoroughly go to court with a complaint against the school and coercion into illegal activities.

Instructions on how not to take 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”, if available, a certificate that would confirm the ban on the performance of certain works, as well as a statement to the police.

First of all, it is necessary to present to the school a quote from Art. 50, paragraph 14 of the Federal Law "On Education", which states that the involvement of schoolchildren in labor is illegal. Paragraph 16 of the same article also stipulates that all students have the right not to attend any events that are not declared in the school curriculum.

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

Another common way is to resolve the issue with the help of financial assistance from the school. If the administration offers the student's parents this option, they need to clarify where they can get a receipt for payment. The issuance of receipts on this issue is not provided for by school accounting. If the accounting department still issued a certificate of depositing money into the school account, such a document will become the main evidence of the school's illegal 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 the work.

Forcing students to work in the summer is illegal. This was stated by the Minister of Education of Russia. According to Vladimir Filippov, school work without the consent of students and their parents is the purest arbitrariness of school administrations. Every year school leaders conduct the so-called "fifth quarter". Students are forced to paint walls in classrooms and corridors, dig garden beds, wash floors and windows. School work lasts, as a rule, several weeks. Meanwhile, according to lawyers, such obligations are contrary to the Constitution of the Russian Federation. Therefore, the student has the right to refuse forced labor.

Difficult rest. Working off cannot be a duty. How many days should the school work experience last? At what age can a school involve children in work? Can a child be punished if he does not work the due date? These are the questions parents of schoolchildren are now concerned about. Needless to say, summer work is not a pleasant duty. Instead of sleeping off after a hard school year, schoolchildren are forced to drag themselves back to the disgusting school in the morning, only now they no longer study, but work - watering seedlings in the schoolyard, sorting out books in the library, washing and painting walls. At the same time, teachers believe that work for the good of the school is for the benefit of children. But parents do not all welcome labor education - inhaling paint and varnish vapors obviously will not add health to children, moreover, the working schedule assigned by the school often coincides with the schedule of parental holidays.

But is working out so obligatory, as it is presented by school principals, head teachers and class teachers? Back in 1992, the Federal Law "On Education" abolished forced labor in schools: "It is prohibited to involve 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" (Article 50 , item 14). And also: "Students, pupils of civilian educational institutions have the right to free attendance at events not provided for by the curriculum" (Article 50, paragraph 16). From this it follows that the school cannot force you to work out summer work if it is not prescribed in the educational program in any subject as a practice. I must say that hours for work practice have disappeared from the curricula for many years. It turns out that working off is a purely voluntary matter and the school administration has no right to force children to work without the consent of the students themselves and their parents (preferably in writing). And, of course, for the fact that the student did not work out the term assigned to him, no punishment can follow. Rather, the school administration can be held accountable for organizing forced labor. However, educational leaders are in no hurry to make public this "terrible" truth. 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, there is a lot of tension with cleaners. Therefore, the heads of educational bodies respond evasively to questions about the obligation to work off.

Dismissal in the presence of a disabled child The current legislation does not yet have a separate article that would describe the dismissal of an employee caring for a disabled child. As in other cases, the employer cannot independently dismiss an employee who cares for a disabled person. But there are exceptions to this situation. In accordance with Article 78 of the Labor Code, dismissal is possible by agreement of the parties. This is often used by employers who want to get rid of "problem" employees who are entitled to benefits and additional payments. The labor employee who submitted an application of his own free will with an indication of the reason (care for a disabled child) must contain information and the circumstances of the dismissal.

Is summer work (practice) legal at school?

The enterprise cannot dismiss such an employee at will or under the article, this is illegal. He must himself initiate the dismissal and apply to the personnel department of the company.

If the dismissal was made at the initiative of the employer, the employee can safely go to court to protect his rights. Features of dismissal in the presence of a child under 14 years old Parents who apply for dismissal without working for 2 weeks, having minor children, belong to a separate category of employees.
Their work responsibilities are different from those of other employees. Such conditions are prescribed in the legislation of the Russian Federation, they are valid until the child reaches the age of 14.

What to do if the school is forced to work?

The Federal Law "On Education", the involvement of schoolchildren or pupils of organizations involved in their education, in labor duties that are not included in the school curriculum, is not allowed. A similar rule was in effect on the territory of the USSR until 1992, when it was abolished at the legislative level.
Please note Implementation of summer labor activity on the territory of the school is possible only with the consent of the student and his parents. The following activities are included in summer practice: cleaning classrooms and the surrounding area of ​​the school, feasible work on land plots related to the school, and so on.

Thus, an educational institution does not have the right to force a student and his official guardians to work, in the case when it is not fixed in the curriculum in the context of practice for the subject.

If you ignore summer work at school?

But, as practice shows, employers agree to dismissal for child care without working off even if the application was submitted on the day of dismissal. Is there a benefit after retirement? First of all, resigning employees are entitled to compensation for unused vacation days.

Attention

Her employee must be handed over on the day of dismissal. A similar rule applies even if the employee applied after the vacation.

Important

Based on part 1 of Article 127 of the Labor Code of the Russian Federation, the employer calculates the amount of compensation for vacation that the employee did not use. Based on the average salary for the last year and the number of unused vacation days, the amount of the benefit paid is calculated.

Is it possible to quit without working off if there is a child under 14 years old?

Many Russian schools still practice summer work, obliging schoolchildren to come to various events to work for the good of the institution. Often times it takes about two weeks. However, many parents have a question about this event. This is not unreasonable, because such developments were supposed even during the existence of the USSR, which is not relevant at the moment. However, many educational institutions continue to resort to child labour.
Table of contents: 1. Legislative basis for summer work at school 2. What threatens for not passing summer practice at school 3.
Instructions on how not to undergo summer work at school Legislative basis for summer work at school Based on paragraph 14 of Art.

Free legal advice

Practice in a subject can be expressed in the following activities: working with repair equipment, sewing work, putting in order the workplace in the classroom intended for labor lessons, and so on. At the same time, the school curriculum does not provide for specially allotted hours for working off 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 the performance of their child's labor duties. It is also important to understand that such training should not contradict the student's medical indicators and comply with all safety standards, according to the professional requirements of training.

What threatens for refusing to take a summer internship at school It is not legal to force you to take a summer internship at a school.

Does the school have the right to force students to take "summer practice"?

However, cleaning classrooms and school grounds cannot be included here;

• an unpopular method is the creation of special labor detachments from schoolchildren. In this case, payment for the work performed is assumed.

All of these activities are illegal. Nothing should threaten anyone for refusing to take summer work. In the event that pressure is exerted on a student or his parents, they can thoroughly go to court with a complaint against the school and coercion into illegal activities.

Info

Instructions on how not to do summer work at school In order not to officially do practice in the summer, it is necessary to arm yourself with the Constitution, the Federal Law “On Education”, if available, with a certificate that would confirm the ban on the performance of certain work, as well as a statement to the police. First of all, it is necessary to present to the school a quote from Art.

50, p.

Summer school practice: a note to parents

Often they mean cleaning the classrooms in the academic year after the end of the lessons;

• justification that the child will be in conflict with other classmates who have completed summer practice.

Despite the fact that the requirement for mandatory completion of summer work is illegal, some educational institutions use the following types of manipulations:

• introduction of a provision on the mandatory occurrence of summer work in 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;

• introduction of a provision on the mandatory passage of summer work into the school curriculum. Often, such an event is referred to as biology, arguing this by providing schoolchildren with deeper knowledge about plant growth.

To prevent your child from being forced to work at school, you, the parents, as well as the students themselves, should take into account some excerpts from the current legislation, and, if necessary, familiarize them with teachers who are trying to put pressure on them. So, you need to read the Convention on the Rights of the Child (article 31), article 50 (paragraph 14) of the Law of the Russian Federation "On Education".

If the teacher starts arguing, blackmailing, then the child's parents can go to court. The work in the school should be done not by students, but by workers who are hired for this, as well as the teachers themselves.

If a problem has arisen, and it is not possible to solve it with the teacher, then you can contact the obrnadzor. But you need to have evidence of violations on the part of the teacher.

For example, it can be an audio or video recording, testimony of witnesses.
Therefore, those leaving are advised to independently calculate what compensation they are entitled to. In order for the calculation to be correct, you should enlist the help of a lawyer or lawyer. The second allowance that employees who have quit to care for a three-year-old child can apply for is the allowance from the labor exchange. After dismissal, a person can register and receive benefits for a year.

One of the decisive moments when exactly the benefit is due is the reason for dismissal. If it is written in the work book that the employment contract was terminated by agreement of the parties, payments will be accrued from the first month after registration.

If a person quit of his own free will and this is indicated in the labor, the benefits will be paid only after a few months. Conclusion Is it possible to quit without working off if there is a child under 14 years old? Yes, emergency layoffs are possible.

If a child works in the summer, should he work at school

Labor, 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 at the protest of the prosecutor. As for the duty in the classroom, there is a separate conversation in general - schools have technical staff who, by virtue of their position, are obliged to mop the floor.
Is it possible to quit without work if there are minor children? The main purpose of assigning a two-week working off is a head start for the employer so that he can find another employee for the vacant place and optimize the work schedule. In two weeks, a resigning employee can also change his mind and withdraw his application. Dismissal of one's own free will without working off with a child under 14 years old is possible, this is one of the conditions prescribed in article 80 of the Labor Code of the Russian Federation. The main reasons why mining becomes unnecessary are:

• liquidation of the enterprise;
• pregnancy;
• start of face-to-face training;
• reduction of employees associated with financial difficulties in the company;
• conscription into the army;
• retirement.

Ideally, an employee who is leaving should still apply early.