Is it legal to work at school. Is school service legal or not? Do teachers have the right to demand money from students instead of internships? Instructions on how not to go through summer detention at school

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, to work duties that are not included in school curriculum, is not allowed. A similar rule was in effect on the territory of the USSR until 1992, when it was canceled at the legislative level.

note

Summer work on the school grounds is possible only with the consent of the student and his parents.

Summer practice includes the following activities: cleaning classrooms and the adjacent school territory, feasible work on land plots school related and stuff.

Thus, an educational institution does not have the right to compel a student and his official guardians to work, if it is not recorded in curriculum in the context of practice to the subject. Practice in a subject can be expressed in the following types of activities: work with repair equipment, sewing work, tidying up the workplace in the classroom intended for a labor lesson, and so on.

At the same time, the school curriculum does not provide for specially allocated hours for working off after the end of the school year. It follows from this that summer practice is a voluntary affair of 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 medical indicators of the student and comply with all safety standards, according to the professional training requirements.

What threatens for refusal to undergo summer practice at school

Compulsion to undergo summer internships at school is not legal. Consequently, the punishment for failure to perform this type of activity is also illegal. This means that in case of refusal to perform certain work duties, the student and his parents are not in danger.

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

Often they use the following methods of influence to obtain consent to work after the end of the school year:

a threat not to confirm the child's transfer to the next grade;
the threat of not providing a child with free printed material for a year;
the threat to leave the child after classes for working off. Often they mean cleaning classrooms in 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 compulsory summer work is illegal, some educational institutions use the following types of manipulations:

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

All these actions are illegal. For refusing to pass summer work should not threaten anything. In the event that pressure is exerted on a student or his parents, they can thoroughly go to court with a complaint about the school and coercion into illegal activities.

Instructions on how not to go through summer detention at school

In order not to officially pass practice 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 jobs, 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 work is illegal. Clause 16 of the same article also stipulates that all schoolchildren have the right not to attend any events not declared in the school curriculum.

The most effective method of dealing with coercion to such labor is to refer to laws. If the school administration continues to insist and, less often, draws up a punishment in the form of a fine or a written reprimand, it is necessary to file an application with the police with a request to understand the forced labor.

Also a common way is to solve the issue with material assistance schools. If the administration offers this option to the parents of the student, they need to clarify where they can get a receipt for payment. The issuance of receipts for such an issue is not provided for by the school accounting department. If the accounting department nevertheless issued a certificate of depositing money into the school's 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 status. In this case, no one has the right to involve him in work.

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 who cares for a disabled child. As in other cases, an employer cannot independently fire an employee caring 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. An employee who submitted an application of his own free will with an indication of the reason (caring for a disabled child) must contain information and circumstances of the dismissal.

Is summer work (practice) at school legal?

The company cannot dismiss such an employee at will or under the article, it is illegal. He must initiate the dismissal himself and submit an application 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. Peculiarities of dismissal with a child under 14 years old Parents applying for dismissal without working 2 weeks, having minor children, belong to a separate category of employees.
Their job responsibilities are different from those of the rest of the staff. Such conditions are spelled out in the legislation Russian Federation, they work until the child reaches 14 years of age.

What if the school is forced to work?

Federal Law "On Education", the involvement of schoolchildren or pupils of organizations involved in their education, to work 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 canceled at the legislative level.
Note The implementation of summer work activities on the school grounds is possible only with the consent of the student and his parents. Summer practice includes the following types of activities: cleaning classrooms and the adjacent school territory, feasible work on land plots related to the school, and so on.

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

If you ignore the summer detention at school?

But, as practice shows, employers agree to dismissal for childcare without working off even if the application was submitted on the day of dismissal. Is post-dismissal benefit due? First of all, leaving employees are entitled to compensation for unspent vacation days.

Attention

Her employee should 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 the vacation that the employee did not use. Based on the average salary for Last year and the number of unspent vacation days is the amount of benefits paid.

Is it possible to quit without a job if you have a child under 14 years old?

Many Russian schools still practice summer jobs, which oblige schoolchildren to come to various events to work for the good of the institution. Often, work off takes about two weeks. However, many parents have a question about this event. This is not unfounded, since such workouts were supposed even during the existence of the USSR, which is not relevant at the moment. Nevertheless, many educational institutions continue to use child labor.
Contents: 1. Legislative framework summer work at school 2. What threatens for not completing summer practice at school 3.
Instructions on how not to go through summer work at school The legal 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 types of activities: work with repair equipment, sewing work, tidying up the workplace in the classroom intended for a labor lesson, and so on. At the same time, the school curriculum does not provide for specially allocated hours for working off after the end of the school year.

It follows from this that summer practice is a voluntary affair of 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 medical indicators of the student and comply with all safety standards, according to the professional training requirements.

What is the Threat for Refusing Summer Internship at School Compulsion to undertake summer internship at school is not legal.

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

However, the cleaning of classrooms and school grounds cannot be referred to here;

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

All these actions are illegal. Refusal to undergo summer service should not threaten anything. In the event that pressure is exerted on a student or his parents, they can thoroughly go to court with a complaint about the school and coercion into illegal activities.

Info

Instructions on how not to go through summer work at school In order not to officially do practice in the summer, you need 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 jobs, 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 classrooms in the school 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 compulsory summer work is illegal, some educational institutions use the following types of manipulations:

introduction of a provision on the compulsory passage 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 compulsory summer work in the school curriculum. Often, such an event is referred to as biology, arguing that by providing schoolchildren with deeper knowledge of plant growth.

To prevent your child from being forced to work at school, you, the parents, as well as the students themselves, should adopt some excerpts from the current legislation, and, if necessary, familiarize the teachers who are trying to pressure them with them. So, you need to read the Convention on the Rights of the Child (Article 31), Article 50 (Clause 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 performed not by the students, but by the workers who are hired for this, as well as by the teachers themselves.

If a problem has appeared, and it is not possible to solve it with a 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 audio or video recording, testimony of witnesses.
Therefore, those quitting are advised to independently calculate what compensation they are entitled to. For the calculation to be correct, you should enlist the help of a lawyer or attorney. The second allowance that employees who quit to care for a three-year-old child can apply is an allowance from the labor exchange. After being fired, a person can register and receive benefits for a year.

One of the decisive moments when exactly the allowance is calculated is the reason for the dismissal. If the work book says that labor contract was terminated by agreement of the parties, payments will be accrued from the first month after registration.

If a person resigned of his own free will and this is indicated in the labor, the benefit will begin to be paid only after a few months. Conclusion Is it possible to quit without work if you have a child under 14 years old? Yes, an urgent dismissal is possible.

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

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. 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 cases when these acts were canceled in some regions at the protest of the prosecutor. Regarding the duty in the classroom, there is generally a separate conversation - in schools there are technical personnel who, by virtue of their position, are obliged to wash the floor.
Is it possible to quit without a job if you have minor children? The main purpose of the appointment of a two-week work is to give the employer a head start 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 on their own without working 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 an enterprise;
pregnancy;
start of full-time education;
reduction of employees due to financial difficulties in the company;
conscription;
retirement.

Ideally, the employee who leaves the job will still need to apply in advance.

School years are wonderful ... Each person remembers his school time and carefully carries these memories through his life. First friends, first love, first independent decisions- all this is given to you by the school. But, despite all the wonderful words said above, schoolchildren have many problems in school. One of the problems is the compulsion to compulsory school practice. Is it legal?

Summer labor practice- this is one of the best and most useful school traditions, it is a living creative business, in which the best personality traits, organizational and managerial skills are manifested, children with leadership abilities are revealed. Suffice it to say that during the election of school activists, children in the classroom and at school often take into account, among other things, how a particular candidate has proven himself during summer work practice.

Most of the kids call the school their second home. They treat it like a home - they try to protect and preserve it. Summer practice begins with raids around the school. As a result, it becomes clear which premises of the school need repairs, painting, what school furniture needs to be repaired, what work needs to be done on the school grounds.

At the second stage, labor teams are determined that will be engaged in a certain type of work: putty, painting, replacement of dropped tiles, restoration of walls, repair of furniture. When distributing assignments, we try to take into account not only the skills of the guys, but also the state of health.

Someone who cannot carry out repair work helps to put in order the book fund in school library, washes and cleans classrooms and other school premises, tidies up the school locker room, cafeteria, etc. At the same time, a schedule is drawn up for the employment of school teachers in practice.

Everyone classroom teacher and the subject teacher works together with the children in their area of work. This often helps to learn a lot about each other and make mutual unexpected and pleasant discoveries. The guys enthusiastically and creatively work in the assigned areas of work, trying to complete it not only efficiently and on time, but also beautifully. But the most valuable thing is that, having coped with their work earlier, the guys do not sit on the sidelines, but themselves come to the aid of those who need it.

This is how personal and collective responsibility for the results of their work, a genuine sense of camaraderie and mutual assistance in the name of a common cause, is manifested. Many times we observed that not very active guys, who did not find themselves in a classroom, literally transformed during practice. For the most part, children appreciate the trust placed in them by adults and strive to justify it with dignity. Especially those who rarely receive praise in other activities. And the children who have recently come to school, practice helps to get to know each other even better, make friends and strengthen the class team.

The end of the practice is a holiday for everyone: the school is changing, the children and teachers are happy with the results of their work and the onset of the long-awaited and well-deserved vacation.

But there is one problem when there is no desire to help the native school, or, for example, the opportunity.

Personally, when I was in school, we FORCE work out the practice, and if you have good reasons to avoid it (parents, departure, health condition), then you must have brought some kind of "ransom", for example, a can of paint or packaging of paper for a printer. In my mind, this approach to practice has always aroused doubts about whether the school has the right to forced labor.
After reading the school charter (and they are all written according to the same template), I did not find anywhere a word about MANDATORY working off.

Everything that I met was formulated in the form of "involvement in work", ie. in fact, work at will. Here is an example: “Students are involved in various jobs for their school; to work at the school site, the manufacture and repair of office equipment, furniture, workshops, the improvement of the school territory, etc. " But even with such "involvement", your work should not exceed a week's deadlines. “The duration of the working day should not exceed 3 hours. The total duration of work of students during the period summer holidays should not exceed 1 week. " Although, as everyone knows, all laws can be circumvented, and there are millions of ways to do this. In general, all the rules for working off should be described in the "REGULATIONS on summer labor practice of students". And if something confuses you, then you can ask for this position. Surely you will find the answer to your question there, and I am 90 percent sure that there will not be a single word NECESSARILY. But there is also another side. Suppose you have proved that you are not obliged to work out and do not burn with desire, then a situation may occur that you will subsequently be "oppressed" for expressing own opinion and desires. Unfortunately, in our society, this is quite expected, and you can never prove it. Because the teacher will always find something to reproach you for. Do not forget about this.

Advice from the site site for girls and boys: DO NOT BE AFRAID TO DEFEND YOUR RIGHTS! Because child labor, especially forced labor, is prohibited in Russia.

The work of students at school during after hours is not the sphere of legal regulation of labor legislation, since the school administration is not an employer, and students are not employees. But the question is timely. If in The Charter schools provide that the issues of labor training and education of students outside school hours are regulated by local act, for example, the Regulation on labor training and education in an educational institution, then it is quite possible to talk about the legality of the work of students to repair and improve the school and school grounds. This Regulation should contain an indication of the total number of hours students receive labor skills in the framework of labor training and education outside of school hours, the number of hours during the day, responsible teachers during the period of labor training and education, life safety measures should be provided and health of students. In order to avoid disputes, this Regulation must be approved by the school board, pedagogical council, at the general school parent committee, at meetings of other collegial bodies that are formed and operate in an educational institution.

Here is an example of a Position:
Regulations on the passage of school students summer school labor practice
1. General Provisions.
1.1. Students of grades 5-10 undergo summer school work practice. Students from grades 5 to 8 practice practice on the school site 5 days a week. Working hours for students: 10-11 years old 2 hours, 12-13 years old 3 hours, 14-15 years old 4 hours, 16-17 years old 6 hours.
1.2. The purpose of the summer work practice is to enhance the activities of students to improve the school and school grounds.
1.3. General management of the school labor practice carried out by the deputy director for extracurricular educational work by order of the school director.
2. Content and forms of activity.
2.1. In the application log, teachers and school staff record orders for execution various works for students in practice.
2.2. School work practice activities include:
- work on the school site (caring for flowers and green spaces, digging up the ground, whitewashing trees and shrubs, cleaning the school site from debris, working in a greenhouse).
- Washing windows, chairs, desks, floors, walls.
- Repair of school furniture.
- Cleaning the school grounds from garbage.
- Rendering assistance to the school librarian (repair of books).
- Renovation of the class, etc.
3. Management of labor practice.
3.1. By order of the school director, a deputy director for extracurricular and educational work is appointed responsible for organizing and conducting work practice.
3.2. The deputy director determines the educators of labor units, who are assigned control and responsibility for the passage of the summer labor practice by the students of the school.
4. The rights and obligations of those responsible and educators for organizing and conducting the practice.
4.1. Before starting work, educators should give students a safety and fire safety briefing.
4.2. Record students present (absent) daily.
4.3. The volume of work performed should be entered into the labor practice journal on a daily basis.
4.4. At the end of the internship period, represent the students at "* gratitude to them for a job well done or for censure.
4.5. Responsibility for the life and safety of children during the internship is borne by the educator, assigned by the order of the school director to the labor detachment.
5. The rights and obligations of students during the internship.
5.1. Before starting work (after passing the briefing), students sign in a safety journal.
5.2. In accordance with the orders and requirements of the educator - the labor detachment, students must accurately and on time carry out the work assigned to them.
5.3. Students leaving school after grade 9 school practice do not work out.
5.4. Students may be exempted from internship on the basis of a parent's application (for a good reason) and the permission of the school principal.
5.5. Students who have not passed school practice without good reason, are involved in working out in August, as well as during the academic year.

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 old who study 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 dated 4.09.1997 No. 48 "On the specifics of the activities of special educational institutions 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 activity in training workshops, subsidiary plots, in 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.

School. How many of us remember and talk about her with warmth and love? And if you also take into account the compulsory work in the summer, then it becomes completely sad. Not only are children whole year they suffer there, so they also "must" go to some compulsory works like prisoners. Is summer school work legal?

Legislative perspective

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

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

The ministers of education have repeatedly made public statements and clarifications that summer forced 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 is drawn up forced labor... By the way, it can easily coincide with the parental leave. There is no need to worry, you can simply ignore this practice.

Teachers and the principal 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. It looks wild at all and resembles a slave system. Do not be like donkeys, do not follow the lead of pretending school principals and principals.

The harm of working up to health

School work during the summer mainly consists of painting walls, cleaning up and taking out debris, and mopping floors. Agree, it is not very useful to breathe varnish and paint. The rubbish is heavy and can cause injury. Equipment (shovels, rakes) in children's hands can also be dangerous: children can simply kill or injure each other with a shovel.

Reasons for detention at school

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

Sometimes they even give an example of a graph Lev Tolstoy, who argued the usefulness of labor for moral education. But it was he who was the ideological inspirer of the Stalinist and Hitlerite concentration camps. In concentration camps, too, the main idea is that labor heals, educates and liberates.

What to do if forced to work out

In short, you don't need to do anything, you can simply ignore it. No one has the right to compel compulsory labor, except for a court that adjudicates a conviction and prescribes correctional labor as a punishment.

If the school and the director are especially wild, they do not want to put up with the loss of the title of slave owner, then you can write a complaint to local authorities education (for example, it can be Department of Education at the city administration or Ministry of Education in the regional or republican administration).

In especially atrocious cases, you do not need to be ashamed, 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 teachers will begin to spread rot on your child, then this is in vain. Again, if they do this 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 in 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 he can be sent to school to work a little in the summer. It is especially good if the school leadership somehow encourages it (not all principals are bad, there are good ones). Thus, before protesting, 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.