Is the student required to do an internship? Summer internship at school is it legal

Oksana, hello.

Compulsory practice for students at school is a relic of the Soviet era and should be based on the norms of modern legislation Russian Federation.

To date, the use of child labor is regulated by the Law "On Education" dated 10.06.1992 N 3266-1 (part 4 of article 50) (and since 01.09.2013 the Law "On Education" dated 29.12.2012 N 273-FZ (part 4) 4 article 34)), Decree of the Government of the Russian Federation of February 25, 2000 N 163 “On approval of the list of heavy work and work with harmful and dangerous working conditions, with
the implementation of which the use of labor of persons under eighteen years of age is prohibited”, Resolution of the Ministry of Labor of Russia of 04/07/1999 N 7 “On approval of the Norms of maximum permissible loads for persons under eighteen years of age when lifting and moving heavy loads manually”, SanPiN 2.4.2553-09 “Sanitary and epidemiological requirements for the safety of working conditions for workers under the age of 18, approved by the decision of the Chief State Sanitary Doctor of the Russian Federation
Federation of September 30, 2009 N 58, as well as the Model Regulations on Institutions. According to Part 4 of Art. 50 of the Law "On Education" of 10.06.1992 N 3266-1 (and part 4 of article 34
Law "On Education" dated December 29, 2012 N 273-FZ) attraction of students, pupils of civil educational institutions without
consent of students, pupils and their parents (legal
representatives) to work not provided for by the educational program,
prohibited.
Thus, the most important condition
attracting a child to work in an educational institution is the presence of the voluntary consent of him and his parents (legal
representatives). This consent can be issued in the form of a separate document (statements, agreements, or a condition for this must be contained in the contract between the educational institution and the parents).
If voluntary consent from the child and his parents (legal representatives) is not received, and the child, nevertheless, is involved in labor, this is forced labor, which, according to Art. 37 of the Constitution of the Russian Federation and Art. 4 of the Labor Code of the Russian Federation, prohibited.
Thus, if the child and his legal representatives did not give consent to the use of the labor of the child, he cannot be forced to involve him in
labor, incl. to be on duty at the school, class, or take part in summer labor practice, etc. If the educational institution has voluntary consent to work, then it is important to ensure that
that this work is carried out in compliance with sanitary standards, labor protection standards, a list of permitted types of work and loads for
minors. In particular, it is unacceptable, as part of the duty, to involve children in washing windows, lifting heavy objects (for example, dragging desks, boards, etc.), to work in close proximity
from automotive and railways etc. Classes for
labor training must be carried out according to the curriculum (plan), and students must be certified in accordance with the law
okay.
www.consultant.ru/document/cons_doc_LAW_149868/
© ConsultantPlus, 1992-2014

There will always be discussions about the need for occupational therapy for children, but the current position of the law is consistent with the above.

I want you to respect your rights.

Working off, familiar to all parents of today's schoolchildren from their childhood, still exists.

In one of the schools in Chelyabinsk, working out in the summer is a mandatory official occupation. When we turned to the class teacher with a question, where its “obligation” was written, we heard in response: “In the charter of the school.”

“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 out in June, and your daughter, as an exception, in the last days of August. Will she fly into town and go to school? That's when it will work." There was no question of not working for the benefit of the school. Only an allergy to flowering is considered a contraindication for testing, and no other medical excuses are accepted.

Children cut bushes in the school yard. Photo: / Kuzmina Nadezhda

The children themselves are not happy with this practice.

“I consider this mining to be nonsense and our exploitation,” says Karina, a student now in 8th grade one of the Chelyabinsk schools. - I didn’t work out 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's summer, but you have to work. Our teacher said that it also helps us all to make friends. I wonder how? We love to be on duty, even sweeping the school, if we are removed from classes for this. But in the summer, during the holidays, I don’t see any advantages. We are not cleaners.

But in one of the schools in Yekaterinburg there is an official loophole for avoiding forced labor.

“We have a city camp at our school in June,” says Olga, mother of 13-year-old Kirill. - In it, the shift lasts two weeks, it is paid, and those children who go to the school camp are exempted from working off. In elementary school, I once sent my son to this camp. The ticket price is small. Meals are included in it, and I decided to let it be at least at the beginning of the holidays under supervision. On the second day of the shift, the child asked me for 500 rubles. They were told to take the 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 a drink. And so every day. When campaigning for a school camp, there was no talk of any additional spending. They promised that there would be a change full of events that the children would like. But not a word about money. My husband and I are counting pennies - I'm on maternity leave with the youngest, half of his salary goes to pay the mortgage. We cannot afford such expenses. Apparently I'm not the only one disappointed. They stopped enrolling in the camp and donating money, and the school management decided to lure like this: you go to the camp - you don’t work out. We have been working since 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 working off. Photo: / Nadezhda Uvarova

If you don't want to work, pay!

An even more radical method of replacing working out was invented in one of the gymnasiums in Novosibirsk. Students are offered, according to teachers, the official opportunity to "pay off" from working off. How? Parents' money, of course! “None of the teachers now, during the period of the struggle with extortions, will take money into their hands,” Diana, the mother of 15-year-old Irina, confesses. “But at the meeting they announced to us that it was possible to officially pay off the working off, as well as from numerous shifts. 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 the repair of the school." We handed over the payment receipt to the teacher. At first it seemed wild to us. After all, this is a legal bribe! And then I personally realized that it was even more convenient. There is no need to ask, excuse the child - all this is humiliating and disgusting. I gave money - and no one owes anyone. Now my daughter is already finishing school, taking exams for the 9th grade, and this year we were told that graduates do not have work. We've paid our dues."

Only those who are in the school camp do not work. Photo: / Kuzmina Nadezhda

Amounts paid to the cashier vary from a few hundred to several thousand rubles. In one of social networks there is even group(https://vk.com/otrabotke_net), which describes examples of how teachers demand reworking, while parents and children resist it. There are also stories about cases of threats from teachers, and about the fears of schoolchildren that they will give deuces to those who do not work, they will “spread rot” or not give out textbooks.

“And our parents work for their children,” says Veronica, mother of 15-year-old Natalia. — The school is small, we don’t have rich people, 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 the cleaning of the corridor, the third brings seedlings, the fourth plants them. The children can rest in peace, the teacher confirmed. I chose the library. Believe it or not, there were two free days from work. There was a lot of work at home, and I sat with glue and tape and stuck covers on textbooks, and erased bad words on the pages with an eraser. But the child can rest in peace.

Headache for teachers

“Working out is another one of mine headache, - revealing Nadezhda Gennadievna, teacher at one of the gymnasiums in Chelyabinsk.- We have a section assigned to each class school grounds. The director requires him to be clean and well-groomed. It is this area that we sweep and free from leaves, plant flowers there, field them, drive dog lovers. Summer is the time to take care of the seedlings. Now you write - and no one will come to work. They say I don't want to and I won't. What will I do? Never mind! Every meeting I appeal to the conscience of the parents, and every Classroom hour- students. I am talking about the obligation to help the school, and about labor education, many of their children are not accustomed to work at all, they are afraid that they will overwork. The director will see that our site is not well maintained. Should I go weeding myself? In Soviet times, everything worked out. They went to the collective farm, plowed like slaves. If only someone would be outraged!

Children are still weeding and removing weeds. Photo: / Kuzmina Nadezhda

The parents of one of the schools in the city of Troitsk, two years ago, appealed to the prosecutor's office with a demand to recognize working during the holidays as illegal. The supervisory authority sided with the applicants. Heads of schools, where they organized working off without the consent of parents and students, made submissions on the elimination of violations and announced warnings. All educational institutions of the city took note of the information about the inadmissibility of the formation of the so-called summer labor teams. The prosecutor's office referred to the inadmissibility of forced labor in Russia.

"School can't force you"

“Clause 4, Article 34 of the Federal Law “On Education in the Russian Federation” establishes a ban on involving 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 the VolSU Oksana Sharno. - Accordingly, if the work of children is not provided for by the curriculum, the school cannot force the child to come to the so-called "summer work".

At the same time, despite the statutory prohibition of involving students in labor without their consent, in schools local acts (charters, regulations) often include the rules for compulsory passage by students of grades 3-4, 5-9,10 of summer labor practices (working off ). They are organized in order to effectively maintain the school territory, flower garden or garden, improve the quality of labor education, training, vocational guidance for schoolchildren and the organization of socially useful labor.

Lawful are such local acts in which the organization of the work of children is carried out with their consent. Accordingly, the normative documents of the school, in which there are no such references, are illegal, violating 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 seen examples of local acts in which work practice was included in the curricula. For example, as a workshop in biology. However, the lawyer notes, according to such curricula, to involve students, for example, in cleaning classrooms, corridors, school grounds, i.e. those works 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 vacation in accordance with the calendar academic schedule. This right is enshrined in Art. 34 of the Federal Law "On Education in the Russian Federation". At the same time, as a rule, "working off" is assigned to students mainly during their summer holidays. And this is already a violation of the student's right to rest.

Oksana Sharno emphasizes that no sanctions can 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 supported on the basis of respect for the human dignity of students. The use of physical or mental violence against them is not allowed. Refusal to participate in the work organized during the summer practice period does not apply to violations and misdemeanors. Accordingly, a student who has not expressed consent to perform work as part of a summer practice cannot be held liable, says Oksana Sharno. - The school can offer to participate in summer work to those who wish, but has no 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, their parents, who can independently or through their representatives:

1) send appeals to the school about the application of disciplinary sanctions against teachers who violate or infringe on the rights of students. Such appeals are subject to mandatory consideration with the involvement of students and their parents;

2) apply to the commission for the settlement of 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 commissioner for children's rights.

“Appeals to the principal of the school on the fact of forced labor should be submitted in writing. It is necessary to indicate the refusal of labor work, duty, due to the fact that such requirements contradict the norms of Article 34 of the Federal Law “On Education in the Russian Federation,” Oksana Sharno advises.

It's winter outside now. But how quickly it flies by and again there will be a hot summer outside the window, and with it the long-awaited vacation. However, the joy of many students and their parents these days is somewhat overshadowed by school practice. What is she carrying? What are the responsibilities of the students?

The head of the information service of the Ministry of Public Education of the Republic of Uzbekistan, Bahriddin Shayvaliyev, answered questions about the procedure for conducting summer practice in schools in advance.

- What normative acts enshrined the participation of students in summer practice at school?

The basis for this is the Instruction on the procedure for conducting practical classes on labor in grades 5-8 general education schools, approved by the order of the Ministry of Public Education of the Republic of Uzbekistan "On approval of regulatory documents" dated November 03, 2003, No. 159.

- What classes are being practiced? And how many days should a student work?

In accordance with the resolution of the Cabinet of Ministers of the Republic of Uzbekistan "On approval of state educational standards secondary and secondary special, vocational education» dated April 6, 2017, No. 187, in grades 5-8 of general education schools, practical classes on labor are held:

at 5- 6th grade- 6 days for 3 hours;

in 7th grade- 10 days for 3 hours;

V 8th grade - 16 days for 3 hours.

- What is the procedure for organizing practice at school?

Practical classes on labor are conducted under the guidance and control of a person appointed by order of the school authorities, as well as directly working with each class of leaders;
each student must familiarize himself with the safety rules and sign this in a special notebook;
the type and scope of work to be performed for each class is planned in advance and approved by the head of the educational institution. At the same time, it is imperative to take into account the age, state of health, the number and physical capabilities of the participants in the practice. With this in mind, groups of 8-12 students are organized, each appointing a headman.

WHAT TYPES OF WORK ARE INCLUDED IN PRACTICE?

- In schools (classes) with no in-depth study some items:

50% of the time allocated to grades 5-6 is devoted to putting the classrooms in order and preparing equipment for the new academic year;
20% - repair of school library books;
30% - maintenance of plantings on the land plot of the school and other organizational issues;
30% of the time allocated to grades 7-8 is devoted to putting the classrooms in order and preparing equipment for the new academic year;
30% - current repair of sports grounds on the territory of the school;
40% - improvement of the school territory, care of plantings on the land plot of the school and other organizational issues.

In schools (classes), boarding schools with in-depth study of some subjects:

50% of the time allocated to grades 5-6 is devoted to conducting practical classes in in-depth study of subjects;
20% - for putting in order the equipment of the classrooms, current repairs of the classrooms;
30% - for the current repair of the internal and external parts of the school building, landscaping, maintenance of plantings on the school's land and other organizational issues.

- Can schoolchildren do internships at the enterprise?

On the basis of an agreement concluded between an educational institution and enterprises and organizations, 8th grade students can practice there in compliance with all the rules established by the above Instruction. The contract must specify the scope of work and the student's salary.

ABOUT RELEASE

Students may be exempted from practice in the following cases:

on the basis of a certificate from the medical commission;
during preparation for republican and international subject and sports competitions, if the time of participation in them falls on the time of practice (based on a certificate from the relevant organization);
if there is a referral to summer holiday homes or health camps;
for other reasons, a student may be released from practice only according to the order of the director of the educational institution.

WHEN THE PRACTICE IS FORBIDDEN

- Is the hot season taken into account if children work outside?

- There are a number of conditions under which it is prohibited to conduct practical classes on labor. This:

conducting practice in excess of the daily norm established by the above Instruction;
practicing outdoors on rainy and very hot days;
allowing students to work in rooms with toxic substances, as well as paints and varnishes in unventilated rooms;
admission of students to painting in rooms with open electrical wiring.

Students are prohibited from working in high-voltage networks, transformers, wells, around water bodies, on the roof of buildings and basements, as well as lifting loads that do not meet the standards established for their age.

- What can expect a student who did not attend practice for an unexcused reason?

In each class magazine, a separate page is allocated for practical work on labor, where attendance is noted and a mark is made on the passage or systematic non-attendance, failure to complete assignments. For students who do not have a medical certificate, who missed classes for no good reason, who did not pass the tests, before the start of the new academic year in August, groups can be created to compensate for missed classes.

ABOUT CAMPS

How many day camps are open this year in the republic, in particular, in Tashkent? How many children will the camps accept this year?

There are 936 day camps organized at schools in the republic, and there are 66 of them in Tashkent. Total number children school age in Uzbekistan - 4.5 million, of which the camps plan to receive about 300 thousand people over the summer.

In addition to the 936 camps mentioned above, almost 9,000 students will be admitted to schools where only health-improving grounds and circles are organized, and where the Barkamolavlod sector operates. These educational institutions are not designed for lunch breaks, afternoons, etc. - in such camps children are only in the first half of the day.

IMPORTANT!

The Ministry of Public Education calls on all parents: if your children are left in the city, do not be indifferent to how they spend their summer leisure time. sports sections and participate in various interesting events. Rates vary depending on the region and are set by local khokimiyats. If you have any questions, complaints or suggestions, please call the "hotline" of the Ministry of Public Education - 1006.

Prepared by Olga FAZYLOVA

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.