Whether the student is required to undergo an internship. Labor practice at school

Oksana, hello.

The compulsory practice for students at school is a relic of the Soviet era and should be based on the norms of modern legislation Russian Federation.

To date, the use of child labor is regulated by the Law "On Education" dated June 10, 1992 N 3266-1 (part 4 of Art. 50) (and from September 1, 2013 by the Law "On Education" dated December 29, 2012 N 273-FZ (part No. 4 Art. 34)), by the Decree of the Government of the Russian Federation of 25.02.2000 N 163 "On approval of the list of heavy work and work with harmful and hazardous working conditions, when
implementation of which it is prohibited to use the labor of persons under the age of eighteen ", by the decree of the Ministry of Labor of Russia dated 04/07/1999 N 7" On the approval of the Norms of maximum permissible loads for persons under eighteen years of age when lifting and moving heavy loads manually ", SanPiN 2.4.2553-09" Sanitary and epidemiological requirements for the safety of working conditions for workers under the age of 18 ", approved by the decree of the Chief State Sanitary Doctor of the Russian
Federation of 30.09.2009 N 58, as well as Model Provisions on institutions. According to Part 4 of Art. 50 of the Law "On Education" of 10.06.1992 N 3266-1 (and part 4 of Art. 34
Of the Law "On Education" dated December 29, 2012 N 273-FZ) attraction of students, pupils of civil educational institutions without
consent of students, pupils and their parents (legal
representatives) to work not provided for by the educational program,
prohibited.

Thus, the most important condition
attracting a child to work in an educational institution is the presence of the voluntary consent of him and his parents (legal
representatives). This consent can be formalized in the form of a separate document (statements, agreements, or a condition about this must be contained in an agreement between the educational institution and the parents).

If voluntary consent is not obtained from the child and his parents (legal representatives), and the child is nevertheless involved in labor, this is forced labor, which, according to Art. 37 of the Constitution of the Russian Federation and Art. 4 of the Labor Code of the Russian Federation is prohibited.

Thus, if the child and his legal representatives did not consent to the use of the child's labor, he cannot be forced to engage in
labor, incl. be on duty at school, class, or take part in summer work practice, etc. If an educational institution has voluntary consent to work, then it is important to monitor
so that this work is carried out in compliance with sanitary standards, labor protection standards, a list of permitted types of work and loads for
minors. In particular, it is unacceptable, as part of the shift, to involve children in washing windows, lifting heavy objects (for example, dragging desks, boards, etc.), to work in the immediate vicinity
from automobile and railways and so on.
labor training must be carried out in accordance curriculum(plan), and students must be certified in accordance with the law
okay.

www.consultant.ru/document/cons_doc_LAW_149868/
© ConsultantPlus, 1992-2014

There will always be discussions about the need for occupational therapy for children, but the current position of the law is consistent with the above.

I wish you that your rights are respected.

Now it's winter outside. But how quickly it flies by and again there will be a hot summer outside the window, and with it the long-awaited vacation. However, the joy of many students and their parents these days is somewhat overshadowed by school practice. What is she carrying? What responsibilities do students have to bear?

The head of the information service of the Ministry of Public Education of the Republic of Uzbekistan Bakhriddin SHAYVALIEV answered our questions in advance about the procedure for conducting summer practice in schools.

- What normative acts stipulate the participation of students in summer practice at school?

The reason for this is the Instruction on the procedure for conducting practical classes on labor in grades 5-8 of secondary schools, approved by the order of the Ministry of Public Education of the Republic of Uzbekistan "On approval of normative documents" dated 03.11.2003, No. 159.

- What classes do you practice? And how many days should a student work?

In accordance with the resolution of the Cabinet of Ministers of the Republic of Uzbekistan "On the approval of state educational standards secondary and secondary special, vocational education"Dated 06.04.2017 for No. 187 in grades 5-8 of secondary schools practical lessons according to work are carried out:

at 5- 6th grade 6 days for 3 hours;

in the 7th grade- 10 days for 3 hours;

in 8th grade - 16 days for 3 hours.

- What is the order of organizing practice at school?

• Practical labor lessons are conducted under the guidance and supervision of a person appointed by order of the school authorities, as well as directly working with each class of leaders;
• each student must familiarize himself with the safety rules and sign about it in a special notebook;
• the type and amount of work to be performed for each class is planned in advance and approved by the head of the educational institution. At the same time, it is imperative to take into account the age, state of health, the number and physical capabilities of the participants in the practice. Taking this into account, groups of 8-12 students are organized, in each of which a headman is appointed.

WHAT KINDS OF WORK ARE INCLUDED IN PRACTICE?

- In schools (classes) with no in-depth study some items:

• 50% of the time allotted to grades 5-6 is devoted to putting in order the classes and preparing equipment for the new academic year;
• 20% - repair of school library books;
• 30% - caring for plantings on land plot schools and other organizational matters;
• 30% of the time allotted to grades 7-8 is devoted to putting in order the classes and preparing equipment for the new academic year;
• 30% - current repair of sports grounds on the school grounds;
• 40% - landscaping the school grounds, caring for plantings on the school's land plot and other organizational issues.

In schools (classes), boarding schools with in-depth study of some subjects:

• 50% of the time allotted to grades 5-6 is devoted to practical exercises in advanced subjects;
• 20% - to put in order the equipment of the classrooms, current repairs of the classrooms;
• 30% - for current repairs of the internal and external parts of the school building, landscaping, caring for plantings on the school's land plot and other organizational issues.

- Can schoolchildren have practical training at the enterprise?

On the basis of an agreement concluded between an educational institution and enterprises and organizations, 8th grade students can practice there in compliance with all the rules established by the aforementioned Instruction. The contract must specify the scope of work and the student's salary.

ABOUT RELEASE

Students can be exempted from practice in following cases:

• on the basis of a certificate from the medical commission;
• during preparation for republican and international subject and sports competitions, if the time of participation in them falls on the practice time (on the basis of a certificate from the relevant organization);
• if there is a referral to summer holiday homes or health camps;
• for other reasons, a student can be released from practice only in accordance with the order of the director of the educational institution.

WHEN PRACTICE IS FORBIDDEN

- Is the hot season taken into account if children work outside?

- There are a number of conditions according to which it is prohibited to conduct practical labor lessons. This is:

• practice in excess of the daily norm established by the above Instruction;
• practicing outdoors on rainy and very hot days;
• allowing students to work in rooms with toxic substances, as well as paints and varnishes in unventilated rooms;
• admission of students to painting in rooms with open electrical wiring.

Students are prohibited from working in high-voltage networks, transformers, wells, around water bodies, on the roofs of buildings and basements, as well as lifting loads that do not meet the standards established for their age.

- What can expect a student who has not attended internship for a disrespectful reason?

In each class journal, a separate page is allocated for practical lessons on labor, where attendance is noted and a mark is made about passing or systematic non-attendance, failure to complete assignments. For students without a medical certificate without good reason For those who missed classes, did not pass the tests, before the start of the new school year in August, groups can be created to compensate for the missed classes.

ABOUT CAMPS

How many day camps have been opened in the republic this year, in particular, in Tashkent? How many children will be admitted to the camp this year?

There are 936 day camps organized at schools open and functioning in the republic, there are 66 of them in Tashkent. The total number of children school age in Uzbekistan - 4.5 million, of which the camps are planning to receive about 300 thousand over the summer.

In addition to the above-mentioned 936 camps, almost 9 thousand pupils will be admitted to schools in which only recreational areas, circles are organized, and where the Barkamolavlod sector operates. These educational institutions are not designed for lunch break, afternoon rest, etc. - in such camps, children are only in the first half of the day.

IMPORTANT!

The Ministry of Public Education calls on all parents: if your children stayed in the city, do not be indifferent to how they spend their summer leisure. Visit schools located near your homes, check out the program according to which your children can be involved in clubs, sports clubs and participate in a variety of interesting activities. Prices vary depending on the region and are set by local khokimiyats. If you have any questions, complaints or wishes, call the "hotline" of the Ministry of Public Education - 1006.

Prepared by Olga FAZYLOVA

"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. 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 - again on the lips and discussed on parenting meetings in the schools of the city. In one of these schools, parents have already faced the fact: "Decide whether the child will work out in the first or second month." Buyback price - building materials or money.

The school does not heed the words that such actions are unacceptable, and indeed illegal. “These are traditions, it has always been like this,” the teachers and the school leadership 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 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 as 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 a summer practice or not, we do not decide. According to the law, everything schools are autonomous and resolve 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 the flower beds. We have not yet received any requests from our parents regarding 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 deal with 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 underage person) 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. The exception is practical exercises (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 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 student's labor - 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 don't think the 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 notified to law enforcement agencies or complaints to the school principal, as well as higher (along the hierarchical ladder), must be filed. 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?

Every year, our school organizes summer work practice for students in grades 5-8.10, except for students who are released from work for health reasons.

Summer labor practice is organized on a voluntary basis with the consent of students in grades 5-8.10 and their parents (legal representatives).

The objectives of the summer work practice:

• provision in the period summer holidays organized labor participation in the school area, landscaping and landscaping of the school, nature conservation;
• promoting the physical development of students, strengthening their health;
• the formation of a conscious need for work;
• respect for working people;
• caring and respectful attitude to the public domain and native nature;
• education of labor and production discipline;
• the formation of interest in professions; practical consolidation of knowledge, skills and abilities obtained in the course of training in the lessons of biology, technology, ecology, geography.
• labor education of students, taking into account their age, gender and health status;
• instilling interest in socially useful activities;
• organization of outdoor activities for children,
• enhancing the activities of students on the improvement of the territory of the school, city.

The duration of the summer internship is:

In grades 5-6 - 5 days; no more than 2 hours a day;

In grades 7-8 - 5 days; no more than 3 hours a day;

10 grades - 5 days; no more than 3 hours a day.

Summer practice forms

Summer practice activities include attracting students to various works for your school: to work on the school site (caring for flowers, green spaces, digging up the ground), improving the school territory, repairing school furniture

Types and nature of work performed:

• On the school site: digging up the ground, watering, weeding, pruning trees, shrubs, forming flower beds.
• Renovation works: furniture renovation, school building improvement;
• Improvement of the school grounds;
• Decoration works: library, assembly hall, recreation.

Project 2017

AUTHOR OF THE PROJECT Zinovieva Elena Viktorovna

PUBLISHED

The project "Our home is our yard"

Nomination "Green Region". Improvement of adjoining territories.

My yard is my world, every corner is in it,

Familiar in detail and walked, and studied,

And one has only to step out of the threshold

I understand how he is not boring to me.

My world is my clean and green yard,

You are, of course, both dear and familiar to me

I love you, family happy island,

I like you forever and most of all.

Description of the project:

Any courtyard is a small planet where amazing things can happen. This is a world that holds dreams, secrets and memories. Love for one's court begins a great love for the Motherland. A child growing up in a beautiful landscaped area will get used to beauty from childhood, and when he becomes an adult, he will strive to improve his living environment. To make any adjacent territory beautiful on your own, you can, you just need to really want it, work a little and everything will work out.

Stage of the project:

The project is underway

Objectives of the project:

Formation of the ecological culture of students.

Education of hard work and love for the native land.
- Creation of a health-preserving, aesthetic environment.

Project objectives:

Development of landscaping and landscaping of the school and village territory.
- Development of initiative and creativity of students.
Drawing up a project to improve the territory requires a certain theoretical and practical training... This is a set of activities carried out in stages.

Achieved results:

In the process of work on the improvement of the school territory, the students were able to see the results of their work, understood the need to preserve and protect the surrounding nature and came out with a proposal to continue work on cleaning and landscaping the village, to take part in environmental actions of the city and district: "Plant a tree", "Clean yard ". Creation of a work unit on the basis of the school to carry out the planned work during the vacation time.

Social significance of the project:

Through the work and initiative of children, to attract the adult population of the village to the arrangement of adjoining territories and playgrounds.

Activities carried out within the framework of the project:

Annual environmental subbotniks to clean up the school and the adjacent territory (Annex 1)

Carrying out and Active participation in the ecological campaign "Clean Spring" (on the territory of the village of Loza).

Participation in the regional action: “Our forest. Plant your tree " (Appendix 2)

Conducting environmental quizzes, exhibitions of drawings and handicrafts from natural materials "Autumn Opening Day"

Improvement and cleaning of territories around monuments dead soldiers during the Second World War on the territory of the village of Loza and adjacent villages (Appendix 3)

Preparation of planting material, digging up flower beds, planting flowers.

Pruning, whitewashing trees and shrubs.

Improvement of playgrounds: painting sports facilities and benches, cleaning the territory (appendix 4)

Project coverage:

Students, teachers and employees of MBOU "Average comprehensive school No. 25 "

Resources expended:

Volunteer (voluntary, gratuitous) assistance of the project participants.

"If a child put a particle of his soul into work for people and found personal joy in this work, he will no longer be able to become an evil, unkind person."

V. A. Sukhomlinsky

Annex 1

Throughout the entire existence of our school, our students go to clean-ups and actions to clean the school site and the surrounding area.

We are very proud that we live in such a cozy and green village and do everything to keep it clean and tidy.

Appendix 2

• Sergiev Posad region has been running the "Plant a tree" campaign for 10 years. Students of our school annually take part in this action with pleasure.

Appendix 3

In our village there is a monument to the fallen soldiers during the Great Patriotic War... Our guys are cleaning and beautifying the area around the monument.

Appendix 4

For two years, a labor group of students aged 14-18 has been organized at the school. Children in their free time from school, that is, during vacation time, are engaged in the improvement and cleaning of the village and the school.

POSITION

ABOUT SUMMER LABOR PRACTICE

1. General Provisions

1.1. This Regulation has been developed in accordance with the Law of the Russian Federation No. 273-FZ "On Education in the Russian Federation",The Law of the Russian Federation "On Basic Guarantees of Children's Rights", the Charter of the municipal budgetary educational institution "Zalesskaya School" (hereinafter -school ).

1.1. Summer practise pupils 5-8, 10th grades is organized withthe purpose of creating conditions for organized labor, recreation, employment of schoolchildren in the summer and the prevention of delinquency and crime among children and adolescents.

1.2. Students are involved in summer labor practice with the consent of their parents, legal representatives (Appendix No. 1).

1.3. Responsibility for organizing and conducting summer practice rests with the deputy directors for educational work, class teachers, and organizing teachers.

1.4. This provision is a local actinstitutions and determines the main goals and objectives, the procedure for passing summer labor practice inschool.

2. The main tasks of the summer practice

2.1. The main tasks during the practice are:

education of love and respect for nature and the surrounding world;

the formation of a conscious need for work;

to ensure during the summer holidays organized labor participation in the school area, landscaping and landscaping of the school, nature protection;

practical consolidation of knowledge, skills and abilities acquired in the learning process at the lessons of biology, technology, ecology, geography.

3. Content and organization of work during summer practice

3.1. The main areas of activity of students of secondary andsenior classes in practice are:

work on the school site;

preparing the school for the new school year;

landscaping work.

3.2. Summer practice is carried out onplanned schedule,approved by the school director, is promptly communicated to students, their parents, subject teachers,class teachers involved in summer practice.

3.3. The duration of the working day should not exceed 4 hours. The total duration of work of students during the summer holidays should not exceed 1 week for students in grades V - VI and 2 weeks for studentsVii, VIII, X classes. In order to attract more schoolchildren to work, it is possible to hold summer practical work in 2-3 streams.

3.4. The schedule of summer work practice is promptly communicated to students, their parents, subject teachers, class teachers involved in summer work practice. The scope of work practice is:

students of 5th grade - 5 days, 2.5 hours a day from 10-15 minutes. breaks every hour;

6th grade students - 5 days, 3 hours a day from 10-15 minutes. breaks every hour;

students of grades 7-8, 10 - 10 days for 4 hours a day from 10-15 minutes. breaks every hour.

3.5. Only healthy students are fully involved in summer practical work. Students with deviations in health are allowed to work to the extent according to the doctor's opinion. It is forbidden to involve in socially useful work students who have a significant deviation in health.

3.6. Changing the terms of summer practice, its transfer for those leavingon vouchers to places of rest, temporarily disabled, on personal applicationniyamparentsallowedwith the permission of the director.

3.7. Employment of students in community service or other types of work outside of school does not exempt students from summer work practice. Students passing summer work practice on the basis of other educational institutions, including on the basis of additional educational institutions, sports institutions, etc., cannot be counted as working off of school summer practice.

3.8. Students who have not completed summer labor practice (from June 1 to August 31) can be admitted to it during the academic year during their free time on a voluntary basis.

3.9. Those responsible for the summer work practice are appointed by the order of the school director.

3.10. The results of the summer work practice of students are summed up in the first decade of September at a meeting with the director.

4. Labor protection.

4.1. Director, deputy directors, teachersand their substitutes organize summer labor practice instrict compliance with the rules and regulations of labor protection, safety equipmentsafety, sanitation, agree on types of work, working conditions, carry a personalresponsibility for safety.

4.2. Students are allowed to participate in summer labor practice after a preliminaryprofessional medical clearance, training in safe working practices,conducting briefing with them with registration in the journal of the establishedforms.

4.3. It is forbidden to attract schoolchildren to work that is contraindicated in their cartI grow up, at night, in Holidaysnight days associated with the use of pesticides, as well as with the rise andthe movement of weights in excess of the norms established for adolescents.

4.4. Monitoring the provision of healthy and safe conditions for the passage of yearsher labor practice is carried out by the administration.

5. Leadership of summer practical work.

5.1. The management of the summer practical work of students is carried out by the school administration.

5.2. The director of the school, the teacher, acting teacher, responsible for the summer practice, the head of the household is responsible for the organization of summer practical work of students of the school.

The principal is responsible for:

responsibility for compliance with labor laws;

determination of the content of students' labor;

selection and placement of cadres of leaders of summer practical work of students;

organization of the necessary material base;

rendering assistance to student government and (or) parent committee in the field of management of summer practical work of students;

creation of safe and healthy working conditions, and, if necessary, the life of students;

establishing the necessary ties with enterprises, institutions, organizations, the public.

The teacher responsible for the summer work practice is responsible for:

planning summer practical work for students, organizing a discussion of the plan at a meeting with the school director;

management of the formation of labor collectives of students, their preparation for participation in summer practical work;

ensuring a clear organization and labor protection of students, educational work with students during the summer practical work.

responsibility for the quality and volume of work performed.

The head of the farm is responsible for:

planning together with the person responsible for organizing the summer labor practice of practical work of students;

ensuring a clear organization of the work of students;

provision, inventory;

creation of safe and healthy working conditions.

5.3. Class teachers, subject teachers in close contact with student government and / or parent committee participate in the preparation for summer practical work - in their planning, the formation of labor collectives, in teaching students.

5.4. The direct management of summer practical work is carried out by the head of the student labor collective. He is appointed by order of the school director from among the teachers. The leader organizes the work of students, conducts educational work, bears personal responsibility for the state of affairs in the work collective. In the organization of production and educational work, he is assisted by the teachers allocated for this, school workers.

5.5. The leaders of labor brigades maintain documentation:

Safety journal;

Attendance log;

Work log.

6. Responsibility of participants for the passage of summer practical work

6.1. Students are obliged to observe safety precautions during work, to strictly comply with all the requirements of the head of summer work, other school employees. Passage of summer practical work is compulsory for all students, except for the cases specified in clause 3.5.

6.2. Class teachers are responsible for accounting and control over the passage of students in summer practical work.

6.3. The head of the labor collective is personally responsible for the quality of the volume of work performed, for the state of affairs in the labor collective.

APPENDIX # 1

Director of MBOU

From____________________________________

______________________________________

(Name of the parent (legal representative)

STATEMENT-CONSENT

The student and his parent (legal representative) to attract the student

to summer work practice at school

In order to foster love and respect for nature and the world around us, the formation of a conscious need for work, the practical consolidation of knowledge, skills and abilities obtained in the process of learning in biology, technology, geography lessons, we agree to the MBOU "Zalesskaya school" to attract our child _____________________________________________________

Student _____ class MBOU "Zalesskaya school" to participate during the summer holidays in socially useful work: work on the school site, preparing the school for the new school year, work on the improvement of the school grounds.

MBOU "Zalesskaya school" undertakes to ensure that work is carried out in accordance with the requirements of sanitary standards, health and safety standards, under the supervision of responsible persons, in accordance with the "Regulations on summer labor practice at MBOU" Zalesskaya school ".

This consent comes into force from the date of its signing and is valid during the period of summer work practice at MBOU "Zalesskaya school".

This Consent can be withdrawn at any time upon written application.

_______________________ ___________________________________

(date) Signature of the parent (legal representative)