“Practice.” How familiar is this phrase for those who studied under the USSR and in the first 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 carried heavy loads. What's happening now?
“A can of paint or 120 hryvnia if you don’t want your child to work.” School practice - greetings from the past of the socialist era - is again on the lips and is discussed at parent-teacher meetings in city schools. In one of these schools, parents have already been presented with a fact: “Decide whether the child will work in the first or second month.” The buyout price is building materials or money.
Words that such actions are unacceptable, and indeed illegal, are not heeded at school. “These are traditions, it has always been like this,” retort the teachers and school management.
Surprisingly, the “tradition” of using free child labor for the management of some schools seems to be higher than government decisions and official explanations from the Ministry of Education.
“The regulatory framework of the Ministry of Education does not provide for summer work practice in general education institutions,” reports Deputy Minister of Education and Science of Ukraine Pavel Khobzey:
“According to Part 2 of Art. 51 of the Law of Ukraine “On Education”, the diversion of pupils, students, cadets, listeners, interns, clinical residents, graduate students, doctoral students at the expense of study time to work and activities not related to the learning process is prohibited, except in cases provided for by a decision of the Cabinet of Ministers Ukraine. Currently, annual work practice is excluded from the Model Curriculum of Secondary Schools approved by the Ministry. When deciding on attracting students to work, the main principle is voluntariness. In this case, the consent of the students themselves is not enough: the consent of their parents (legal representatives) is necessary. Involving 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 Tatyana Onishchenko, director of the department:
“We need to follow the law. Whether there will be a summer internship or not is not determined by us. According to the law, all educational institutions are autonomous and resolve such issues independently. We have never written orders for summer internships and will never write them. At the same time, who should maintain summer flower beds? Schools find a way out: they discuss the possibility of creating an “ecological landing force” so that children can also help in maintaining the flower beds. We have not yet received any requests from parents regarding summer internships. Summer internship is not currently provided for by law.”
“Labor practice is absolutely illegal,” lawyer Denis Monatko told us about this:
“The use of forced labor is prohibited” - this is the provision of the Constitution of Ukraine (Article 43). The norms of the Constitution are norms of direct effect, that is, to apply them it is not necessary to refer to other laws. But let's look at the issue in more detail. According to §2 Art. 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, no one shall be subjected to forced or compulsory labor. As you can see, this article is a little broader in meaning than the article of the Constitution, but the norms of the Convention are part of the legislation of Ukraine, and therefore are also binding on everyone.
The term “forced or compulsory labor” means “all work or service exacted from any person under threat of any penalty, for which that person has not offered his services voluntarily (Van der Messele v. Belgium, ECtHR, case no. 08919/ 80).
It should be taken into account that the consent of the schoolchild does not mean anything, since he (as a minor or minor) is limited in legal capacity (the ability of a person to acquire and exercise rights and obligations through his actions), which means that in addition to his consent, it is also necessary consent of his legal representatives - parents or persons replacing them.
Based on this, the student has every right to refuse any work that they try to impose on him or, even unobtrusively, offer to do. It's not his responsibility. The exception is practical classes (for example, in physics lessons, since this is part of the educational process). Also, every schoolchild has the right to protection during the educational process, in particular, from any forms of exploitation (Article 53 of the Law of Ukraine “On Education”).
In addition to the fact that the student can refuse, the teacher and the school as a whole do not have the right to use the student’s work - this is the main thing. You can talk for a long time about the usefulness of work in school, but you need to respect the rights of children. I don’t think that adults themselves will agree to free and forced labor. Therefore, the so-called labor practice is completely illegal. It is necessary to notify law enforcement agencies about the use of forced or compulsory labor or write complaints to the school director, as well as higher up (up the hierarchical ladder). As a last resort, everyone has the right to protection in court.
Today it is common to talk a lot about reforms, the destruction of “schemes” and “systems”, however, on such a simple example as labor practice at school, the foundations are created for the global system of corruption in Ukraine. From school, the younger generation learns that to receive preferences you can bring a can of paint or money.
At the university, the younger generation will be “taught to live” more harshly and more expensively, but according to a similar principle. And then, upon entering adulthood, a citizen of Ukraine will already know how to feed an official, a policeman, or a doctor. A can of paint is just an image, and in this matter Ukraine differs little from the country of 2014. Perhaps it’s time to change something after all?
Advice from lawyers:
1. Regarding summer work practice at school. Is it mandatory or not?
1.1. Summer work practice at school is mandatory if it is included in the Curriculum. But most likely not, since this form of education is not provided for by the Federal State Educational Standard and is a vestige of the Soviet era.
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2. From what grade does summer work practice at school begin?
2.1. taken from 9th grade
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3. In 1979, he graduated from school and entered the state farm. The farm sent me to study at a technical school. He was a scholarship holder from the farm. He did an internship on the farm and received a salary. In 1980-1982 he served in the SA, after service he returned to study at the same technical school. In 1984 he returned to the state farm and continued to work. My work experience is taken into account.
3.1. Yes, your work experience is taken into account.
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4. I graduated from the pedagogical institute in 1994, and began working at school in August of the same year. I am a mathematics and computer science teacher. After the third year, I did an internship at a pioneer camp. I worked two shifts, but didn’t keep a work book then. How to win the next two years of study in favor of teaching experience?
4.1. When you completed your internship, you were given a referral. You need to contact the pedagogical institute and receive this direction. Then submit it to the pension fund. If the pension fund makes a decision to refuse to grant an early pension, you can appeal it to the court. Call me, I’ll advise you.
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5. I worked for 1 month in the summer in 1970 and 2 months in 1971 during school holidays, about which there are certificates; I received a work book in 1975 during an internship. From what time is the length of service considered... With uv., N.A.
5.1. The length of service for granting a pension will be counted from the time of practical training since 1975, if enrollment was by order and payment was made.
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6. Children do not undergo work practice at school, i.e. parents are against it. Although the parents signed an agreement to undergo work practice. Labor practice is carried out on school grounds, where their children play every day.
6.1. Good day to you, this practice is not a compulsory subject at school, which means it is not required by law and they have no right to apply any sanctions to the student in this regard, otherwise complain to the prosecutor's office of the same district as for the agreement from the parents, these parents need to write a statement of revocation of your agreement.
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6.2. Please clarify what your question is; if the parents have signed such a consent, then it must be complied with by their children
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6.3. dear Saidat
Forced labor is also prohibited for children, unless parents object to it.
Good luck to you and your loved ones!
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6.4. The question is a little unclear. Either you are outraged that the children do not work, or that they are forced to do the opposite.
Please check.
My proposal is this. If you want them to work in the same place where they play, gather your parents, talk to them, and let them understand your situation. I studied in the USSR, I worked, I didn’t break down, everything is fine.
Good luck!
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7. I have a question. The school director prohibited the issuance of textbooks to my granddaughter, for the reason that she had not fully completed her summer internship, which is prescribed in the school charter. Doesn't labor law prohibit the exploitation of child labor? Granddaughter is 13 years old. The director refers to Article 28 (clauses 3 and 6) Are the actions of the school director legal? We contacted the district education department, but as always, we are wrong.
Thanks for the answer!
7.1. In this case, the director violates education legislation, so you have the right to appeal his actions to the prosecutor's office or the education department.
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7.2. In this case, you can contact the Department of Education with a complaint. The complaint must be justified in this circumstance.
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8. I am interested in the question of schoolchildren undergoing so-called summer work practice at school. I read that if practice is not included in the school curriculum, then it should not exist. That parents must give written consent to this practice. But in our school everything is like in Soviet times, whether you like it or not, you come and work.
8.1. You may not attend school practice; they have no right to force you to attend this event.
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8.2. In this case it is on a voluntary basis. It cannot be forced. You can contact the Department of Education or the Prosecutor's Office
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9. My son, a 10th grade student, worked on a construction team to overhaul the school building where he studies. Should the school administration give him credit for completing a summer internship?
9.1. --- Hello, NO YOU SHOULD NOT, this is a paid job. And the practice is free.
Good luck to you and all the best, with respect, lawyer Ligostaeva A.V. :sm_ax:
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10. At my school, it is “mandatory” to undergo summer work practice for 10 days, 2 hours a day. Or you can pay 500 rubles... Can I not go and pay? Is this practice legal?
10.1. You have the right not to pay and not to go to practice, and regarding coercion to work for free and extortion of money, your parents can write a complaint to the prosecutor's office.
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10.2. You have the right not to go and not pay. And for extorting money, you can write a statement to the police.
Thank you for visiting our site.
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11. The school charter stipulates summer work practice for 14 days for two hours. Is it legal to use child labor without the consent of a child and how to write a refusal to undergo an internship.
11.1. GOOD DAY
If it is written in the SCHOOL charter, THEN THE PRACTICE is legal. Work hard for the good of the school - HOW MUCH OVERTIME do teachers work?
GOOD LUCK TO YOU AND ALL THE GOOD
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12. Question about summer work practice at school. The school obliges a 14-year-old teenager to work at the school site for two weeks, 3 hours each. How to approach this issue correctly and ask the school to enter into an employment contract with the student so that they can get work experience, etc.? Or is this done through some other competent authorities? What rules of law are you referring to? Thank you.
12.1. no one will enter into an employment contract with you due to this circumstance. You can talk. This circumstance is also attributed in the local acts of the institution.
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12.2. Zlata, good afternoon!
Read SanPiN 2.4.2.3286-15. The activities of students and administration are described in detail there.
All the best to you!
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12.3. You can contact the employment center; most often they are engaged in employment of teenagers during the summer holidays. Thank you for visiting our site.
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13. I entered the Higher Educational Institution immediately after school, the first entries in the work book were received in the third and fourth years during practical training, studies at the university are recorded in the work book, then service in the SA, then work itself, from 1983 to the present.. Question: Is my university studies included in my total length of service for calculating my pension?
13.1. Yes, the length of service includes full-time study at a university. You will be asked by the Pension Fund to provide a copy of your higher education diploma when applying for a pension.
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Consultation on your issue
Calls from landlines and mobiles are free throughout Russia
14. How to restore seniority if a work book is lost? Work in a construction team in the summer of 1983, work as a nurse in the Vologda City Hospital in the fall of 1983, and practical work at a school in the fall of 1986 in the Ust-Kubinsky district of the Vologda region?
14.1. You need to go to court with a corresponding application and prove the fact of work during the specified period of time. Evidence may be requested documents as well as witness statements.
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15. Is it possible to claim years of full-time study after completing teaching practice at school (I worked as a primary school teacher for 3 months, a work book was created, where the remaining 1.5 years of study at the institute were then entered), after which I began to work in my specialty - a primary school teacher for accrual of preferential teaching experience?
15.1. To begin with, at least contact the Pension Fund of the Russian Federation and provide documents that during the period of pedagogical practice you worked a certain number of hours. That is, before talking about the prospects of the court, it is necessary to obtain an official refusal from the Pension Fund of the Russian Federation to grant an early pension. U.
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16. Should schoolchildren take turns washing the floors in the classroom? In our school this is mandatory, from the point of view of the law it is legal. Thank you And if the child has not completed work practice, then it is necessary to wash the floor for 3 days in 1 day of absence,
16.1. They should. There is nothing like that.
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17. Can the school director establish summer duty (summer work practice) for students from grades 5-8 lasting 12 days with work for 3 hours a day, for grades 1-4 6 days with the same duration, and also force students to work debts for the last school year? How should summer internships be carried out by students according to the law?
17.1. According to the law, the director does not have the right to establish any summer practices at all. You can contact the prosecutor’s office about this fact. However, helping your home school is a noble cause, the budgets allocated are small, but it needs to be cleaned up)
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18. Is it compulsory for a child to complete “Labor Practice” at school? I know that it is not, but I need a link to the article of the Law “On Education”.
18.1. According to paragraph 16 of Art. 50 of the Law on Education states: “Students and pupils of civil educational institutions have the right to freely attend events not provided for in the curriculum”: the school cannot force you to work in the summer if the practice is not prescribed in the educational program in any subject as practice
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18.2. There is no such article that is not required. If there is no such article, then there are no obligations. this may be established by the charter of the school, but in this case the school is subject to the labor code, which prohibits the work of minors without parental consent
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18.3. There is no such article
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19. Education.
Hello! Is it compulsory for a child to complete “work practice” at school? I know that it is not, but I need a link to the article of the Law “On Education” Thank you!
19.1. Constitution of the Russian Federation
Article 37
2. Forced labor is prohibited.
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20. My daughter is 15 years old, she is doing work practice at school for money (cleaning school flower beds, watering trees, etc.) from August 1 to 31, 2 hours a day. Approximately how much should we be paid?
20.1. The amount of payment is indicated in the employment contract or is negotiated without an agreement on an oral basis with the school. Contact school personnel.
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21. After finishing the third grade at our school, it is necessary to complete a 10-day work practice. What does the law say?
21.1. This is illegal, of course. The educational organization has no right to attract you. Helping your home school is actually voluntary.
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22. Our school has been renamed a lyceum and they say that we must undergo work practice. Am I required to take it?
22.1. Dmitry, renaming and internship are in no way connected with each other.
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23. I am the class teacher of the 10th grade, all students were transferred to the 11th grade by order No. 9 of May 30, 2016. Now we are called to summer work practice in the amount of 80 hours, 6 working hours a day from 9.00 to 15.00, without lunch for repairs schools - whitewashing, cleaning, painting. The school order has not been written. What should we do?
23.1. ---Hello, as a rule, it’s like this everywhere. but demand an order and payment. Best wishes.
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24. Today from school my child brought an agreement of this type, that I must give my son consent to work practice for 15 hours and hand over food products: 2 buckets of potatoes, 2 kg of onions, 2 kg of carrots, 2 kg of beets, 2 kg cabbage We have a rural school and they motivate this by the fact that they allegedly do not allocate money for food to the school. Tell me how legal their actions are?
24.1. Legal, but you have the right not to sign it
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24.2. The actions are not legal.. you can write a complaint to the education department..
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24.3. This is completely illegal, Elena.
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Is summer internship legal at school? Are students required to take it? The practice lasts 10 days, 3 hours each. and got the best answer
Answer from Ekaterina Ekaterina[guru]
We tried to do something like this, but we didn’t go)))
here's another:
Today the situation has changed. Currently, summer work practice is excluded from the curricula of secondary schools. According to the current federal law “On Education”, Article 50 - Rights and social protection of students and pupils - says:
14. Involving students, pupils of civil educational institutions without the consent of students, pupils and their parents (legal representatives) in work not provided for by the educational program is prohibited.
16. Students and pupils of civil educational institutions have the right to freely attend events not provided for by the curriculum.
Consequently, the fundamental principle when deciding on attracting students to work should be voluntariness. At the same time, the consent of students alone is not enough: the consent of their parents (legal representatives) is necessary. Involving children in work without their consent and the consent of their parents is forced labor, and by virtue of Ch. 2 tbsp. 37 of the Constitution of the Russian Federation, forced labor in the Russian Federation is under the strictest prohibition. This norm of the Constitution of the Russian Federation is based on international law: Art. 8 - forced and compulsory labor is prohibited by the International Covenant on Civil and Political Rights.
Source: don't go anywhere :P
Answer from Ola[guru]
legal. Always has been and always will be.
Answer from Vladimir Sakhnenko[guru]
ten days is not that much. And then in the summer it’s boring, and that’s all you do
Answer from Denis Denis[newbie]
This is all bullshit. In Germany we have 3 weeks of practice, 7 hours a day, instead of school. You can work wherever you want. I did my internship at the hospital. This was in 9th and 11th grades
Answer from Yergey Moiseich[active]
The former Minister of Education of the Russian Federation, Vladimir Filippov, also stated that school summer practice is illegal. He said that any school detention without the consent of students and their parents can be positioned as pure arbitrariness of the administration of the 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 training. Thus, summer school practice cannot be forced (unless it is provided for in the educational program) and is a voluntary endeavor of parents and their children.
Answer from BayisiyaKonovalova[guru]
Is it difficult for a 12-year-old child to sweep the path or water the flowers in the flowerbed? Isn't it too early to become an oldie?
Answer from Kostya Sapado[active]
3 hours is not much. There is practice at school, college, technical school, and institute. It is legal.
Answer from Olga Solomon[guru]
At one time, at our school in the 9th grade we had car lessons - as much as 5 hours a week on Tuesdays. We girls were not interested, and we often ran away. Then, in June, a month-long internship in car work began: I had to go to school every day and tinker with all sorts of pieces of hardware in the garage. There were guys who did this with pleasure, but I declared a boycott and said: I won’t go! I got a job at a leather factory, worked for a month, and earned money. They gave me a bad mark for practice, but I studied well - no bad marks. Mom comes from the family meeting and says: “You’re a bad student!” BUT nothing, they transferred to the 10th
Answer from Alexander[guru]
It’s not legal to force people to work, only with your consent, but then don’t be offended if they lower your grades, it’s also legal
Answer from Elvira Ilyushina[active]
At our school, it’s also a practice to last for 1.5 or sometimes 2 hours in the summer, 11 days is infuriating, but it’s not that much of a walk, but since the 5th grade I’ve always been going since June 1st to get rid of it right away
and then 3 months so as not to go anywhere
Answer from Nastya Tolkacheva[newbie]
The head teacher of the school told me: You should go to practice because you didn’t go in the summer. In response, I said: how much will you pay for my work, 21st century. people what practice? They have workers, let them clean, that is, do their direct work. I go to school to gain knowledge and not to clean the school grounds!
The detention, familiar to all parents of today's schoolchildren from their childhood, still exists.
In one of the schools in Chelyabinsk, summer work is a mandatory official lesson. When we turned to the class teacher with a question about where its “obligatory” nature was stated, we heard the answer: “In the school charter.”
“I approached our teacher and explained that we were leaving the country for the whole summer,” says Polina, mother of 14-year-old student Natalia. “To which she replied: “Everyone works in June, and your daughter, as an exception, in the last days of August. Will she fly to the city and go to school? Then it will work.” There was no talk of any possibility of not working for the benefit of the school. Only an allergy to flowering is considered a contraindication for treatment, and no other medical withdrawals are accepted.”
Children in the school yard trim the bushes. Photo: / Kuzmina Nadezhda
The children themselves are not happy with this practice.
“I consider this work nonsense and our exploitation,” says Karina, now an 8th grade student one of the Chelyabinsk schools. “I didn’t work last year, and no one said a word to me.” Classmates went to school for two weeks and swept the territory. Everyone was angry because it was summer and we had to work. Our teacher said that this also helps us all make friends. I wonder how? We love to be on duty, even sweeping the school if we are removed from classes for this purpose. But in the summer, during the holidays, I don’t see any advantages. We're not cleaners."
But in one of the schools in Yekaterinburg there is an official loophole for escaping forced labor.
“We have a city camp at our school in June,” says Olga, mother of 13-year-old Kirill. “The shift there lasts two weeks, it’s paid, and those children who go to school camp are exempt from service. In elementary school, I once sent my son to this camp. The cost of the trip is low. Meals are included in it, and I decided that at least at the beginning of the holidays it would be supervised. On the second day of the shift, the child asked me for 500 rubles. They were told to take money because they were going to an amusement park. The next day - 300 rubles. They told me to ask my parents for a movie ticket, popcorn and something to drink. And so every day. When they were campaigning for a school camp, there was no talk of any additional expenses. They promised that there would be a shift full of activities that the children would enjoy. But not a word about money. My husband and I are counting pennies - I’m on maternity leave with my youngest, half of his salary goes to pay the mortgage. We cannot afford such expenses. Apparently, I wasn't the only one disappointed. They stopped registering for the camp and donating money, and the school management decided to lure people in this way: if you go to the camp, you don’t have to work for it. We have detention from the 6th grade, so if you don’t want to swing a rake, you have to pay.”
In schools, June is a busy time: both exams and detention. Photo: / Nadezhda Uvarova
If you don't want to work, pay!
An even more radical method of replacing detention was invented in one of the gymnasiums in Novosibirsk. Students were offered, according to teachers, an official opportunity to “buy off” their detention. How? With parents' money, of course! “None of the teachers now, during the period of struggle against extortions, will take money in their hands,” Diana, mother of 15-year-old Irina, confesses. “But at the meeting they announced to us that you can officially buy yourself off from the service, as well as from numerous duties.” The cost is about 400-600 rubles. No one will clearly tell you the amount, so that God forbid someone pays less. You deposit banknotes through a terminal at a bank with which the school has a service agreement. You need to select the line “Voluntary donations” or “For school repairs.” We handed over the payment receipt to the teacher. At first it seemed strange to us. After all, this is a legal bribe! And then I personally realized that it’s even more convenient. There is no need to ask for time off or excuse the child - all this is humiliating and disgusting. I gave the money and no one owes anyone. Now my daughter is already graduating from school, taking exams for the 9th grade, and this year we were told that there is no work for graduates. We paid our dues, that means.”
The only ones not working are those at the school camp. Photo: / Kuzmina Nadezhda
The amounts paid to the cash desk vary from several hundred to several thousand rubles. One of the social networks even has group(https://vk.com/otrabotke_net), which describes examples of how teachers demand detention, but parents and children resist it. There are also stories about cases of threats from teachers, and about schoolchildren’s fears that those who did not work will be given bad marks, will be “spread” or will not be given textbooks.
“And here, parents work for their children,” says Veronica, mother of 15-year-old Natalia. — The school is small, we are not rich, we live in a small town. At the meeting, the teacher outlined the problem: the school needs help. Money, hands, paint, seedlings, paper and so on. We split into groups: someone washes the desks, another pays for cleaning the corridor, a third brings seedlings, a fourth plants them. The children can rest peacefully, the teacher confirmed. I chose the library. Believe it or not, there were two days off from work. There was a lot of work to do at home, and I sat with glue and tape and glued covers to textbooks, and erased bad words on the pages with an eraser. But the child can rest in peace.”
Teachers' headache
“Working out is another headache of mine,” he confesses Nadezhda Gennadievna, teacher at one of the gymnasiums in Chelyabinsk.— We have a section of school territory assigned to each class. The director demands that he be clean and well-groomed. It is these areas that we sweep and clear of leaves, plant flowers there, we field them, and chase the dog walkers away. Summer is the time to take care of the seedlings. Now you write - and no one will come to work it out. They will say, I don’t want to and I won’t. What will I do? Never mind! Every meeting I appeal to the conscience of parents, and every class hour - to students. I’m talking about the obligations to help the school, and about labor education; many of their children do not teach their children to work at all, they are afraid that they will overwork. The director will see that our site is not well-kept. Should I go weed myself? In Soviet times, everything was worked out. They went to the collective farm and plowed like slaves. At least someone would be indignant!”
The children are still weeding and removing weeds. Photo: / Kuzmina Nadezhda
Parents of one of the schools in the city of Troitsk two years ago appealed to the prosecutor’s office with a demand to declare work during the holidays illegal. The supervisory authority sided with the applicants. The heads of schools where drills were organized without the consent of parents and students were given notices to eliminate the violations and were given warnings. All educational institutions in the city took note of the information about the inadmissibility of forming so-called summer labor teams. The prosecutor's office referred to the inadmissibility of forced labor in Russia.
“The school can’t force you”
“Clause 4 of Article 34 of the Federal Law “On Education in the Russian Federation” establishes a ban on the involvement of students without the consent of their parents (legal representatives) in work not provided for by the educational program,” says Candidate of Law, Associate Professor of the Department of Constitutional and Municipal Law of Volgograd State University Oksana Sharno. “Accordingly, if children’s work is not provided for in the curriculum, the school cannot force the child to come for so-called “summer work.”
At the same time, despite the legally established prohibition of involving students in work without their consent, in schools, local acts (statutes, regulations) often include rules for the compulsory completion of summer labor internships for students in grades 3-4, 5-9, 10 ). They are organized for the purpose of effectively maintaining the school grounds, flower beds or vegetable gardens, improving the quality of labor education, training, vocational guidance for schoolchildren and organizing socially useful work.
Local acts in which the organization of children’s labor is carried out with their consent are legal. Accordingly, school regulations that do not contain such references are illegal and violate the rights of students.”
Sometimes these are pleasant duties. Like this one - to paint a dull school fence. Photo: / Kuzmina Nadezhda
Oksana Sharno says that she has come across examples of local acts in which labor practice was included in the curriculum. For example, as a workshop in biology. However, the lawyer notes, according to such curricula, students should be involved, for example, in cleaning classrooms, corridors, school grounds, i.e. those jobs that are not related to the study of biology are not allowed.
“In any case, the school must approve the class schedule and curriculum, and everything that is not provided for by them cannot be mandatory,” notes Oksana Sharno. — It is also worth noting that federal legislation guarantees students the right to vacations in accordance with the academic calendar. This right is enshrined in Art. 34 Federal Law “On Education in the Russian Federation”. At the same time, as a rule, “works” are assigned to students mainly during their summer holidays. And this is already a violation of the student’s right to rest.”
Oksana Charno emphasizes that no sanctions should be applied to students for refusing to work in the summer for the benefit of the school. This is directly at odds with federal law.
“According to paragraph 3 of Art. 43 of the Federal Law “On Education in the Russian Federation”, discipline in an organization carrying out educational activities is maintained on the basis of respect for the human dignity of students. The use of physical or mental violence against them is not permitted. Refusal to participate in work organized during summer internship does not count as violations or misdemeanors. Accordingly, a student who did not agree to perform work as part of a summer internship cannot be held accountable, says Oksana Sharno. — The school can offer those who wish to participate in summer work, but does not have the right to threaten and punish. This is a direct violation of the law and the rights of the child.”
What to do?
Art. 45 of the Federal Law “On Education in the Russian Federation” regulates the right to protection of students and their parents, who can independently or through their representatives:
1) send requests to the school to apply disciplinary sanctions to teachers who violate or infringe upon the rights of students. Such appeals are subject to mandatory consideration with the involvement of students and their parents;
2) contact the commission for resolving disputes between participants in educational relations;
3) use other methods of protection. For example, you can file a complaint with the prosecutor's office, the education committee, or the ombudsman for children's rights.
“It is advisable to submit appeals to the school principal regarding forced labor in writing in writing. It must indicate a refusal to work or be on duty due to the fact that such requirements contradict the provisions of Article 34 of the Federal Law “On Education in the Russian Federation,” advises Oksana Sharno.
Internment, 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, engaging students without their consent and minor students without the consent of their parents (legal representatives) in work not provided for in the educational program is prohibited.
By law, the school cannot force you to come and work during 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 for in the curriculum cannot be compulsory.
Since work is a purely voluntary matter, there can be no liability or punishment for refusal. The school can ask and offer to those who wish, but does not have the right to threaten and punish. This would be a direct violation of the law.
If the school administration nevertheless takes measures to punish the student (fine), write a complaint to the prosecutor’s office (for forced labor and illegal prosecution).
What to do if you are forced to do labor?
Forcing people to work, or imposing any sanctions on those who refuse to work, is illegal and may be grounds for filing a complaint with the prosecutor’s office.
Step 1. You can ignore the requirements to work or be on duty at school, or submit a written statement to the school director, indicating that you refuse to be on duty because this is contrary to the provisions of Article 34 of the Law “On Education in the Russian Federation.”
Step 2. If any sanctions are applied to you for refusing to attend duty or work, you can send a complaint to the educational authorities or the prosecutor's office. The prosecutor's office will issue a proposal to eliminate the violations.
Only what is provided in the curriculum is required.
In the school curriculum there may be educational practice, which is provided for by the curriculum. Therefore, if a child is sent for an internship, you can ask on the basis of this referral. If this is not provided for in the curriculum or charter of the school, then you have every right not to go there. This refusal cannot be the basis for not transferring the child to another class or not issuing textbooks.
For example, parental consent for children to work in labor lessons is not required, since these activities are included in the curriculum and are part of the educational program. They are mandatory for students.
Can they be called to school duty?
Schoolchildren can be involved in duty on a voluntary basis. School duty may be part of the school asset's obligations. Active schoolchildren can be encouraged by the administration. But duty cannot be forced.
Schools have technical staff who, by virtue of their position, are obliged to wash the floor and set the tables in the dining room. If it is necessary to clear the area of snow or wash windows, the school must resolve these issues by engaging third-party organizations on a payment basis.
Should we believe 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 an affordable way to save budget on cleaning services.
Schoolchildren and their parents, in most cases, themselves support this practice, meekly agree with everything and do not enter into conflict. And they think about refusal only in the most extreme cases.
“They force me to work at the school site, they put a lot of pressure on me, they threaten to issue me an invalid certificate without a stamp or not issue it at all. Every year from the 6th grade I am forced to work for 8-9 days in the summer, watering and planting flowers and shrubs, painting borders, sweeping, working in the library, I don’t know the number of hours, but it starts at 9 am, usually 2-3 o’clock, they say what 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 they threaten not to transfer us to 11th grade.”
“Today they announced to us that we must do mandatory work at school: painting, pulling out bags of garbage, etc. All this will last 5 days, 4 hours each.”
“The head teacher threatens me with 2 years if I don’t go to detention”
“In the 10th grade, our school has mandatory 21-day summer detentions. However, we are not from this city and are forced to go to school by transport, but for the summer period the bus was canceled and the school administration told us that we are obliged to go to detention, otherwise We won’t be promoted to 11th grade. And if we take a taxi, it costs about 4,500 rubles a month and no one is going to pay us for it.”
"My daughter, an 8th grade student. On May 31, she is leaving for a children's health camp on a voucher. The teacher told her that she has working off and she won't 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 it and not issue a certificate, give it a bad grade, or not transfer it to the next class. This will already be a serious violation of the law, followed by real liability for 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 verbal coercion can be appealed to the prosecutor's office, indicating that children are sent to work without written consent from their parents.
If the school refers to the Charter and local acts
As you know, many educational institutions have also written their own local acts to the law - regulations on duty in classes, on admission to the first grade of school, on the transfer of students - and many more different documents regulating the life and behavior of a child at school. There are enough examples when these acts were canceled due to the protest of the prosecutor.
References to the school's Charter are not grounds for compulsory service, since the provisions of local acts apply only to the extent that does not contradict federal legislation. The law clearly prohibits forcing schoolchildren to work without the voluntary consent of their parents.
As for extorting money in exchange for work, this also goes beyond the scope of lawful behavior. The school can only provide paid educational services in addition to the basic ones - you can pay money for this, but not for working out.
Ask to see documents where these issues are fixed (that is, where it is said that the child must work or pay). In a situation of conflict, you can send a statement of violation of the child’s rights to the city education department and the Prosecutor’s Office.
Is it possible to engage in work during the holidays and under what conditions?
This is only possible on a voluntary basis. The school may invite those who wish to take part in the work to improve 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 appropriate written consent from the parents. In the absence of written consent, the prosecutor's office may hold the school administration accountable.