Labor practice at school law on education. Summer practice at school. What to do if forced to work

Many Russian schools still practice summer work, obliging schoolchildren to come to various events to work for the good of the institution. Often times it takes about two weeks. However, many parents have a question about this event. This is not unreasonable, because such developments were assumed even during the existence of the USSR, which this moment is not relevant. However, many educational establishments continue to resort to child labour.

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 in labor 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 abolished at the legislative level.

note

The implementation of summer labor activity on the territory of the school is possible only with the consent of the student and his parents.

The following activities are included in summer practice: cleaning classrooms and the surrounding area of the school, feasible work on land plots related to the school, and so on.

Thus, an educational institution does not have the right to force a student and his official guardians to work, in the case when it is not fixed in the curriculum in the context of practice for the subject. Practice in a subject can be expressed in the following activities: working with repair equipment, sewing work, putting in order the workplace in the classroom intended for labor lessons, and so on.

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

What threatens for refusing to take summer practice at school

It is not legal to force you to take a summer internship at a school. Therefore, the punishment for failure to perform this type of activity is also illegal. This means that in case of refusal to perform certain labor duties, the student and his parents are not in danger.

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

Often use such methods of influence to obtain consent to work after the end of the academic year:

the threat of not confirming the transition of the child to the next class;
the threat of not providing free printed material to the child for a year;
the threat to leave the child after class for work. Often they mean cleaning the classrooms in the 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 mandatory completion of summer work is illegal, some educational institutions use the following types of manipulations:

introduction of a provision on the mandatory occurrence 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 the mandatory passage of summer work into the school curriculum. Often, such an event is referred to as biology, arguing this by providing schoolchildren with deeper knowledge about plant growth. However, cleaning classrooms and school grounds cannot be included here;
an unpopular method is the creation of special labor detachments from schoolchildren. AT this case expected to be paid for the work performed.

All of these activities are illegal. For refusing to pass summer work nothing should be a threat. In the event that pressure is exerted on a student or his parents, they can thoroughly go to court with a complaint against the school and coercion into illegal activities.

Instructions on how not to take summer work at school

In order not to formally practice in summer time it is necessary to arm yourself with the Constitution, the Federal Law “On Education”, if any, a certificate confirming the ban on the performance of certain work, 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 labor is illegal. Paragraph 16 of the same article also stipulates that all students have the right not to attend any events that are not declared in school curriculum.

The most effective method of combating coercion to such work will be a reference to laws. If the school administration continues to insist and, more rarely, issues a penalty in the form of a fine or a written reprimand, it is necessary to file a complaint with the police demanding to investigate the forced labor.

Another common way is to resolve the issue with the help of financial assistance from the school. If the administration offers the student's parents this option, they need to clarify where they can get a receipt for payment. The issuance of receipts on this issue is not provided for by school accounting. If the accounting department still issued a certificate of depositing money into the school 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. In this case, no one has the right to involve him in the work.

Legal advice:

1. Concerning summer labor practice at school. Is it mandatory or not?

1.1. summer work experience 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.