How long does the practice last at school. Summer practice at school

Almost all modern schools they actively involve schoolchildren in work in the form of summer school practice. Everything would be fine, but many schools 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 classroom study. 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, now we are only talking about general education schools ah, because in specialized lyceums this is not practiced.

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

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 spend 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. If you briefly outline the essence of this article, then it boils down to the following: schoolchildren, students 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. 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 been included in the curriculum 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 school director 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, it can be positioned as a pure arbitrariness of the administration of an 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.

Working off, 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.

In accordance with clause 4, the involvement of students without their consent and minor students without the consent of their parents (legal representatives) to work not provided for by the educational program is prohibited.

By virtue of the law, the school cannot force you to come to work in the summer. Among other things, this is a violation of the student's right to rest. There is an approved class schedule and curriculum. Anything that is not provided by the curriculum cannot be required.

Since working off is a purely voluntary matter, there can be no responsibility and punishment for refusal. The school can ask and propose to those who wish, but has no right to threaten and punish. This would be in direct violation of the law.

If, however, the school administration still takes measures to punish the student (fine) - write a complaint to the prosecutor's office (on forced labor and illegal prosecution).

What to do if forced to work

Compulsion to work, the adoption of any sanctions against those who refuse to work out is illegal and may be the basis for filing a complaint with the prosecutor's office.

Step 1. You can ignore the requirements for working off or on duty at school, or apply with a written application addressed to the school director, where you indicate that you refuse to be on duty as this contradicts the provisions of Article 34 of the Law "On Education in the Russian Federation".

Step 2. If you are subject to any sanctions for refusal to watch or work, you can file a complaint with the education authorities or the prosecutor's office. The prosecutor's office will issue a submission to eliminate violations.

Only what is provided by the curriculum is obligatory

IN school curriculum there may be an educational practice, which is provided by the curriculum. Therefore, if a child is sent for internship, you can inquire on the basis of what this direction happens. If this is not provided for in the curriculum or school charter, respectively, you have every right not to go there. This refusal cannot be a reason for not transferring the child to another class or giving out textbooks.

For example, parental consent for the work of children in labor lessons is not required, since these activities are included in the curriculum and are part of the educational program... They are required for students.

Can they be involved in school duty

Schoolchildren can be involved on a voluntary basis. School attendance can be part of a committed school asset. Active students can be shocked by the administration. But the watch cannot be compulsory.

Schools have technical staff who, by virtue of their position, are obliged to wash the floor and set tables in the canteen. If it is necessary to clear the area of ​​snow or wash windows, the school must address these issues by involving third-party organizations on a payment basis.

Whether to believe the threats of punishment for refusing to work

Despite the direct prohibition of the Law and the active intervention of the prosecutor's office, many schools continue to use student labor as free labor and affordable way save budget on cleaning services.

Schoolchildren and their parents, in most cases, themselves support this practice, they resignedly agree with everything and do not go into conflict. And they think about rejection only in the most extreme cases.

"I am forced to work on the school site, they put a lot of pressure on me, they threaten to issue an invalid certificate without a seal or not issue it at all. Every year from the 6th grade they force me to work for 8-9 days in the summer, water and plant flowers, bushes, paint curbs, sweep, work in the library, I don't know the number of hours, but it starts at 9 am, usually 2-3 hours. They say that it is written in the school charter, and I have no right to refuse, they call my parents. "

"There are threats that we will have problems and threaten not to transfer to the 11th grade."

"Today we were told that we must work at school without fail: paint, take out garbage bags, etc. All this will continue for 5 days for 4 hours."

"The head teacher threatens 2 years if I don't go to detention"

"In grade 10, we have compulsory 21-day summer work in our school. However, we are not from this city and have to travel to school by transport, but for the summer period the bus was canceled and the school administration told us that we must go to work, otherwise we will not be transferred to grade 11. And if you take a taxi, then a month comes out about 4500 rubles and no one is going to pay us for it "

"My daughter, a student of grade 8. On May 31, she leaves for a children's health camp on a voucher. The teacher told her that she had working off and she will not go. If she does not work, she may be expelled from school. My daughter is afraid to go to camp "

Teachers' threats are just words. You can't just take and not issue a certificate, put a two or not transfer to the next class. This will already be a serious violation of the law, followed by the real responsibility of the school. Therefore, you can simply not go to work, realizing that this is an illegal requirement. You can refer to the law and the fact that the parents did not give their consent.

Any fact of coercion in words can be appealed to the prosecutor's office, indicating that children go to detention without written consent from their parents.

If the school refers to the Charter and local acts

As you know, many educational institutions have written their local acts to the law - provisions on duty in classes, on admission to the first grade of school, on the transfer of students - and many other documents regulating the life and behavior of a child at school. There are enough examples when these acts were canceled at the protest of the prosecutor.

References to the Charter of the school are not grounds for compulsion to work off, since the provisions of local acts are applied only to the extent that does not contradict federal legislation. The law, however, imposes an unequivocal prohibition on forcing schoolchildren to work without the voluntary consent of their parents.

As for extorting money in exchange for working off, this also goes beyond the scope of lawful behavior. The school can only provide paid educational services in addition to the main ones - you can pay money for this, but not for working off.

Ask to show documents where these questions are fixed (that is, where it is said that the child must work or pay). In a conflict situation, you can send a statement about the violation of the child's rights to the city's education department and the Prosecutor's Office.

Is it possible to be involved in work during the holidays and on what conditions?

It is possible only on a voluntary basis. The school can invite those who wish to take part in the work on the improvement of the school. But this is allowed only at will, without coercion and with parental consent. The school can prove the fact of consent to summer work - by presenting the corresponding written consent from the parents. In the absence of written consent, the prosecutor's office can bring the school administration to justice.

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.

Today, the use of child labor is regulated by the Law "On Education" dated 10.06.1992 N 3266-1 (part 4 of Art. 50) (and from 01.09.2013 by the Law "On Education" dated 29.12.2012 N 273-FZ (Part. 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) attracting 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 drawn up 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. to 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.

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I wish you that your rights are respected.

"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 be higher than 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 education 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 attracting students to 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, all educational institutions are autonomous and such issues are resolved 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. 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 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. Exceptions are practical lessons(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 argue 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 (up 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?

Labor practice was an integral part educational process Soviet school. Children were involved in the duty at school, and to work on school grounds, and to other jobs. To what extent this practice is legal today, we will find out on the basis of modern legislation regulating the rights of underage children to work. Legislatively, the provisions on the labor of underage students are enshrined in the Federal Law No. 273-FZ of December 29, 2012 "On Education in the Russian Federation" (hereinafter - the Law), in the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (as amended on December 30, 2015 ) (hereinafter - TC), in the Convention on the Rights of the Child (approved by the UN General Assembly on November 20, 1989) (entered into force for the USSR on September 15, 1990). The Convention on the Rights of the Child prohibits the exploitation of child labor or any work that infringes upon the rights of the child (Article 32 of the Convention on the Rights of the Child). If the work entrusted to the child may pose a danger to his health, physical development, then this will be considered a violation of the rights of the child.

Can recruitment to school work practice be considered a violation of the rights of the child?

Today, it is rare in schools to find students who work as part of summer work practice. Does the child have to complete summer work practice?

A shorter working week is established for minors. For example, for employees under 16 years of age studying at an educational institution work time should be no more than 12 hours per week. And for employees aged 14-16 years, studying at school no more than 18 hours a week (Article 92 of the Labor Code of the Russian Federation).

There is also a list of jobs that may not involve underage workers (Article 265 of the Labor Code of the Russian Federation):

• hard work;
• jobs that may harm health and moral development;
• work with harmful or hazardous working conditions; overtime work;
• night shift work;
• work on holidays and non-working days.

Organization of labor practice for persons with disabilities.

It is especially necessary to note the importance of labor education and labor practice for students with disabilities from special schools. Instruction letter Ministry of General and vocational education RF of 4.09.1997 № 48 "On the specifics of the activities of special educational institutions of I-VIII types" pays a lot of attention to labor training. Labor training for persons with disabilities is necessary condition training and subsequent employment. One of the tasks of such work is:

• inclusion of students in domestic, household, applied and pre-professional work;
• expansion of social contacts in order to form social skills of a community, moral behavior, knowledge about oneself, about other people, about the surrounding micro-society.

In the senior grades (groups), pupils receive knowledge in general education subjects that have a practical orientation and correspond to their psychophysical capabilities, skills in various profiles of work. Pupils are taught skills independent work, for this purpose, they are included in labor activities in training workshops, subsidiary plots, enterprises, institutions and organizations. Labor training includes a system of occupational therapy aimed at recovery, compensation and development of labor skills and abilities, is the basis for vocational training... In a correctional institution of the VIII type with a 10-11-year education, labor training in grades 10-11, in the presence of a production base, has the character of in-depth labor training of students. For the organization of labor training, workshops are provided with the necessary equipment and tools with special devices that take into account special educational needs students with disabilities. The length of the working day during industrial practice is determined by the legislation of the Russian Federation on labor. The industrial practice is managed by a labor training teacher. Pupils who graduated from the 9th (10th) grade are admitted to classes (groups) with in-depth work training.

Training in a type VIII correctional institution ends with a certification (exam) in labor training, which consists of two stages: practical work and interviews on materials science and product manufacturing technology. Pupils of a type VIII correctional institution may be exempted from certification for health reasons in the manner determined by the Ministry of General and Professional Education of the Russian Federation and the Ministry of Health of the Russian Federation.