Children walk summer school practice. Can children attract labor practice at school? Summer School Practice: Note Parents

Labor practice was an integral part educational process Soviet school. The children were attracted to duty at school, and to work in school areas, and to other works. As far as this practice is legitimate today, find out based on modern legislation regulating the right of minor children to work. Legislative provisions on labor minors are enshrined in FZ No. 273-FZ dated 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 (Ed. From 12/30/2015 ) (hereinafter - TC), in the Convention on the Rights of the Child (approved by the UN General Assembly 20.11.1989) (entered into force for the USSR 09/15/1990). The Convention on the Rights of the Child prohibits the exploitation of child labor or any work that infringes the right of the child (Article 32 of the Convention on the Rights of the Child). If the work that the child was entrusted may be a danger to his health, physical development, it will be considered a violation of the rights of the child.

Can attracting to school labor practice To be considered a violation of the rights of the child?

Today, infrequently in schools can be found students who work within the framework of summer labor practice. Should the child go through summer labor practice?

For minor workers, abbreviated work week. For example, for employees up to 16 years old, studying in any educational institution, working hours should be not more than 12 hours a week. And for workers aged 15-16 years, students studying at school no more than 18 hours a week (Art. 92 of the Labor Code of the Russian Federation).

There is also a list of works on which minor workers cannot be attracted (Art. 265 of the Labor Code of the Russian Federation):

• heavy work;
• work that can harm health and moral development;
• work with harmful or dangerous working conditions; overtime;
• work in the night shift;
• work in festive and non-working days.

Organization of labor practice of persons with OVD.

It is highly necessary to note the importance of labor education and labor practice for students with ABS from special schools. Tutorial Ministry of General I. vocational education RF of September 4, 1997 No. 48 "On the specifics of the activities of special educational institutions I-VIII species" pays a lot of attention to labor learning. Labor training for persons with OVD is prerequisite Training and subsequent employment. One of the tasks of such work is:

• the inclusion of students in home, household, applied and counterfession work;
• expansion of social contacts in order to form social dormitory skills, moral behavior, knowledge of yourself, about other people, about the surrounding microsocium.

In high school (groups), pupils receive knowledge of general educational subjects that have practical orientation and their corresponding psychophysical opportunities, skills on various labor profiles. Pupils are instilled skills independent workFor this purpose, they are included in labor activities in training workshops, subsidiary farms, enterprises, institutions and organizations. Labor training includes a system of employment therapy, aimed at restoring, compensation and development of labor skills and skills is the basis for professional training. In a correctional institution VIII type with a 10-11-year-old education, labor training in 10-11 grades, in the presence of a production base, is the nature of the in-depth labor training of students. For the organization of labor learning, workshops are provided with the necessary equipment and a tool with special adaptations that take into account special educational needs students with OVD. The duration of the working day during production practices is determined by law Russian Federation About labor. The management of work practices is carried out by a labor learning teacher. In the classes (groups) with in-depth labor training, pupils who graduated from the 9th (10th) class are accepted.

Training in a correctional institution VIII of the species is completed by certification (exam) for labor learning, consisting of two stages: practical work and interviews on materials science and product manufacturing technology. Pupils of the correctional institution VIII of the species can be exempted from certification for health states in the manner determined by the Ministry of General and Vocational Education of the Russian Federation and the Ministry of Health of the Russian Federation.

Problem

Although school practice It is voluntary for students, school principals obliges students to undergo practice. Otherwise, it is threatened not to translate the child to the next class or not to give textbooks. If the student does not want to work out, he must pay money (the amount depends on the number of days). Tell me how much schools are legal?

Decision

The development, often practiced in schools, without the consent of the disciples and their parents is prohibited by the International Convention on Slavery, the Convention by the International Labor Organization on forced and compulsory labor and the Constitution of Russia.

With regard to the legislation on the formation of the Russian Federation, in paragraph 14 of Art. 50. Law of the Russian Federation of 10.07.1992 N 3266-1 (Ed. Dated December 27, 2009) "On Education", which is called "rights and social support for students, pupils" is established a ban on attracting students, pupils of civil educational institutions without their consent or The consent of their parents (legal representatives) to work not provided for by the educational program.

As known many educational establishments To the law they wrote more local acts - Regulations on duty in classes, admission to the first school school, about the translation of students - and many more documents regulating the life and behavior of the child in school. There are cases where these acts canceled in some regions on the protest of the prosecutor.

Regarding the duty in the classroom in general, a separate conversation - there are technical staff in schools, which is obliged to wash the floor by virtue of their position. And the child should not wash the floor (although it is possible to argue the effect of work therapy for a long time) for two obvious reasons - the weight of the risen bucket (the legislation is established by the norms, how much can it be raised by some categories of workers) and hygienic standards (the water still dirty and hardly the child will be unlikely Useful contact with it).

However, back to testing - paragraph 16 of Art. 50 of this law reads: "Students, students of civil educational institutions have the right to free visits to events not provided for by the curricula"

From these standards it follows that the school cannot force you to work in the summer, if the practice is not prescribed in educational program According to any subject (precisely as practice. For example, according to biology - work on a school area). But we note that such a concept as "labor practice" has long been not included in the documents of educational institutions (and in your most likely there is no).

Regarding responsibility for failure to appear - as we found out that the case is purely voluntary, it became, and the question of responsibility is removed - it cannot be. If the school administration will still be taken to punish a schoolchild (fine) - write a complaint to the prosecutor's office (forced labor and illegal involvement).

Good luck to you!

Decision

Gather all the class and write the complaint to the director.

If it does not help in the mayor.

Signatures must put everything in the classroom (for several nerds of the Chereti do not care).

School is so porried that the police will still begin to issue a school on service and not to spend unknown in which direction.

Decision

The school program may have an educational practice that provides for the curriculum. Therefore, if a child is sent to the passage of practice, you can ask on the basis of what this direction happens. If this is not provided for by the curriculum or charter of the school, respectively, you have the full right there do not go. This refusal cannot be the basis so as not to transfer the child to the other classclass or did not give up textbooks.

As for winning money, it also goes beyond legitimate behavior. School can only provide paid educational services In addition to the main - you can pay money for it, but not for working out. You may ask - whether you will be given financial documentconfirming that you paid money for the practice. I doubt it will do it. But you can insist that then use it as an argument in your defense. But I think that this school will not go to this, although ....

Conclusion: talking peacefully with the teacher (WORKING) and ask to show documents where these issues are fixed (that is, where it is said that the child should work out or pay). If a peaceful conversation does not work, you can apply for a violation of the rights of a child (you as a legal representative of your child) to contact the Ministry of Education of your region (well, or to begin the formation department of the city), where everything to state. You can contact the prosecutor's office in parallel (content similar). I believe that if you inform the teachers that you will seek about the expansion of your rights, then there will be no money for money. And if there are, then here it can already smell a criminal act, and this is even more serious.

It turns out that in many Russian schools, teachers make children come in summer so that they worked in beds. I would like to note that all these works are conducted without payment for workers. Of course, some schools can make concessions and pay student's work. However, this school is not profitable, so everything is done for free. Not only, in a few hours at the heat they do not pay, and they can still download so work that the rest of the day will only want to sleep. If the student refuses to work on working out, the teacher in most cases begins to blackmail. It may be anything! And evaluations in the certificate, and the year of cleaning in the classroom, and the deduction from school for a serious reason. Only such actions the school has no right to do.

According to Article 14, the Law "On Education", educational institution It does not provide for children to work for school. After all, the school is a place to study and any physical work Pupils are not obliged to do. The only duty of schoolchildren is to learn, perform tasks, prepare for subjects. Development at school, duty in class or general cleaning is an illegal action. Everything should be on a voluntary basis. Also, if there is no more fourteen child, then his teacher has no right to force something to rearrange, go somewhere or wash the parties. Of course, many are trying to prescribe on children. And as not strange it turns out.

If the student wants to avoid school work, it does not matter for what reasons, then some articles of the Russian Federation should be ashamed. Be sure to read the Convention on the Rights of the Child, Article 31, the Law of the Russian Federation "On Education, Article 50 Paragraph 14. There is clearly written that the teacher has no right to leave after lessons to dudge the student in the classroom or force it in the summer to work. If the teacher refuses to take this law, then we can say the O182th Convention (part 1, article 5.7 of the Administrative Code of the Russian Federation). It says that the exploitation of child labor is prohibited. For non-fulfillment, a person will be punished with a fine. There is a declaration and the Convention on the Rights of the Child, where all organs arise state power. So, if the teacher will argue, then you can go to court. If the child is right, the victory remains on his side anyway.

It is worth considering that the student may not work at school. There is a law that does not provide for the child to work for school. For this there are wipers, technical, and the same teachers who pay extra for that. The fact is that if the disciples are not going to these very work, then the teacher is minus to the teacher, and also deprive the premiums. At the meetings, they express that the class that did not go to work in the summer, unbridled and undisciplined. The director accounts for teachers hard and strictly. If schoolchildren did not come, the teacher is obliged to independently perform work on the site. But modern teachers will not be so humiliated and it will be better to make these children. Of course, now children are very spoiled and fundamental. They will not speak for a long time, but just do not come. And at the beginning of the school year, the teacher makes them a reprimand and makes the classroom for some time to duty. Just do it so categorically impossible, because it is illegal.

First of all, there should be school workout at will. After all, now the twenty-first century and serfdom has long been abolished. Therefore, if the student has encountered such a situation and solve this problem with the teacher is impossible, then you should contact the Obnadzor. Of course, it is advisable to prevent evidence. It may be a witness and recording on the voice recorder. Thus, it will be easier to prove the truth. Of course, if you do not want to substitute school and go to the conflict, first you need to seek help to your parents. They must come up and talk to the teacher about the fact that the school does not have the right to force the child to work. But if the teacher refuses to listen and nominates his version, then it is worth talking to the director. In general, the director who knows the laws will not argue and create conflicts. He will make concessions, and even apologize.

Also, parents have the right to demand to dismiss that teacher. But it happens, the director says that their school provides such work out. In this case, you need to contact the goron. There they will definitely understand. Therefore, to go to summer work on school or not, to solve only the disciple, because Russia is a free country!

Many Russian schools are still practicing summer work, binding schoolchildren to come to various activities to work for the benefit of the institution. Often, working out about two weeks. However, many parents raise this event. It is not unfounded, because Such provisions were assumed even in the existence of the USSR, which is currently not relevant. Nevertheless, many educational institutions continue to resort to child labor.

Legislative basis of summer workshop at school

Based on paragraph 14 of Art. 50 FZ "On Education", attracting schoolchildren or pupils of organizations engaged in their learning, to labor responsibilities that are not included in school Program, is not allowed. Such a rule was operated on the territory of the USSR until 1992, when it was canceled at the legislative level.

note

The implementation of summer labor activities in the school is possible only with the consent of the student and its parents.

Summer practice includes such activities: cleaning learning audiences and surrounding schools of schools, land plotsrelated to school and so on.

Thus, the educational institution is not entitled to force a schoolchildren and its official guardians to work, in the case when it is not fixed in curriculum In the context of practice to the subject.Practice on the training subject can be expressed in such activities: work with repair equipment, sewing work, attachment to the workplace in the audience designed for labor lesson and so on.

At the same time, the school program does not provide for specially reserved hours to work out after graduation. It follows from this that the summer practice is a voluntary business of a schoolboy and his parents who must write out their consent to the fulfillment of their child's duties. It is also important to understand that such a working should not contradict the medical records of the study and comply with all safety standards, according to professional training requirements.

What threatens for the refusal to pass the summer practice at school

Coercion to passage summer practices The school is not legal. Consequently, the punishment for the failure to fulfill this type of activity is also illegal.This means that when refusing to perform certain labor duties, schoolboy and his parents are not threatened.

Nevertheless, in many educational institutions still remains common to use the work of schoolchildren. The official way to bring school to the removed species is considered to be hiring specialists who will fulfill the agreed front of work for the relevant payment.

Often use such impact methods to obtain an agreement on labor activities after the graduation year.

• the threat does not confirm the transition of the child to the next class;
• the threat does not provide free printed baby for the year;
• the threat to leave the child after classes for working out. Often, they mean the cleaning of the audience in academic year After graduating lessons;
• the rationale that the child will be in conflict with the rest of classmates who have passed the summer practice.

Despite the fact that the requirement for the obligatory passage of summer work is illegally, some educational institutions use such types of manipulations:

• making a provision on the obligatory presence of summer testing in the school charter. However, such an action directly contradicts the Law of the Russian Federation "On Education". In one, this fact can be submitted to school in court;
• making a provision on the obligatory passage of summer testing in the school curriculum. Often, such an event belongs to biology, arguing this providing schoolchildren with deeper knowledge about the growth of plants. However, the cleaning of the audiences and the territory of the school can not refer here;
• unpopular method - the creation of special labor detachments from schoolchildren. In this case, payment is expected for the work carried out.

All these actions are illegal. For refusal to pass the summer work, there should be nothing to threaten. In the case when pressure is pressure on the schoolchildren or his parents, they can thoroughly go to court with a complaint to school and coercion to illegal activities.

Instructions, how not to pass summer work on school

In order to officially not take practice in the summer, it is necessary to armared by the Constitution, Federal Law "On Education", in the event of a certificate that would confirm the ban on the execution of certain works, as well as a statement to the police.

First of all, it is necessary to give a quotation from Art. 50, p. 14 of the Federal Law "On Education", which states that the involvement of schoolchildren to work illegally. In paragraph 16 of the same article, it is also negotiated that all schoolchildren are entitled not to any activities that have not been stated in the school program.

The most effective method of combating coercion to such work will be reference to laws. If the school administration continues to insist and, which is less likely, makes a penalty in the form of a fine or written spontaneization, it is necessary to apply to the police demanding to understand the forced attraction to work.

Also a common way is to resolve the issue with material assistance Schools. If the administration offers the parents of a schoolboy this option, they need to clarify where you can get a payment receipt. The issuance of receipts on this issue is not provided for by school accounting. If the accounting didn't write a certificate of making money at the expense of the school, such a document would be the main proof of the unlawful actions of the school.

Also, the absolute liberation from the summer work will be a certificate of a schoolboy's health. In this case, no one has the right to attract to work.

School. Do many of us remember and talk about it with warmth and love? And if you still take into account the mandatory workout in the summer, then it becomes sad. Not only are children whole year there are tormented, so also "should" go to some mandatory workAs if prisoners. Are summer school work?

Side of the legislation

In 1992, the released law on education canceled mandatory work on school. Think, back in 1992, that is, the hell knows how many years ago.

Mandatory development at school contradicts the Constitution of the Russian Federation, which acts strictly throughout the country.

The ministers of education have repeatedly made public statements and explanations that summer practice In the forced order - the purest water arbitrary local school administrations. No one can under any pretext on the current laws to force the child to hob in the summer.

How does this happen

In schools, the so-called "fifth quarter" is introduced. The guys are divided into groups, a schedule is drawn up forced labor. By the way, he can easily coincide with parents. It is not necessary to worry, you can simply ignore this workout.

Teachers and director often threaten that there will be some 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 that. In practice School in any way Can not show the student for not working.

Sometimes comes to idiocy when parents Go to work out for your children. This looks wildly and reminds the slave-owned system. Do not be asian, do not go to the most impaired directors and directories of schools.

Harm health care

Work at school in the summer is mainly lies in painting of walls, removing and removing the construction trash and washing floors. Agree, lacquer and paint is not very useful. The rubbish is heavy and they can be injured. Inventory (shovels, rake) in children's hands can also be dangerous: children can simply kill or put each other with a shovel.

Causes of workers in school

Teachers explain that the reason is supposed to instill a child respect for the work of the school. But in practice, the school leadership wants to just shove the dirty job for students. Instead of hiring janitors, painters and builders, the director entrustes it to schoolchildren. But in this case, he is not worried at all about his own security: if the child will receive injury during such a work, the fact of illegal forced work will be devoted to publicity and the director will be strongly punished.

Sometimes even lead in an example of a graph Lev Tolstoywho argued labor utility for moral education. But it is he who is the ideological inspirer of Stalinist and Hitler's concentration camps. In concentration camps, after all, too, the basic idea is that work heals, raises and frees.

What to do if they make work

If short, you don't need to do anything, you can simply ignore. No one has the right to force for compulsory work with the exception of the court, which makes a conviction and appoints correctional work as a measure.

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

In particularly brutal cases, it is not necessary to be shy, you can write a statement to the prosecutor's office with a request to check the legality of the school administration.

If you are afraid that your child will be launched the teacher later, then it is in vain. Again, if they do it specifically, the complaint into the higher authorities will quickly sort them. Numerous checks will come to them, which will only be happy to identify as many violations as possible.

conclusions

Remember that the study at school is purely voluntary. If you were convinced that the child there will not give unbearable tasks and he himself does not mind, then it can be paid to school a few in the summer. Especially good, if the school leadership is somehow encouraged (not yet director of bad, there are good). Thus, before protesting, first observe in the situation. Maybe children on the work of summer practice will even feed and entertain, and you will deprive your Chad such an opportunity.