Do they have the right force you to go to school clean-up days? What happens if you don't walk? These issues will be discussed in depth in this article.

• How many days can you legally stay away from school without a certificate?
• What to do if your teacher forces you to be on duty

What can I say if I didn’t go to the subbotnik?

We have very good instructions on how to talk with people who imagine themselves to be watchmen.

Running away from cleaning the area is a noble thing if you don’t throw trash, no matter what anyone says. If some upstart, endowed with the power of a watchman, tries to put pressure on your conscience or shame you in front of everyone, “that’s why you didn’t clean the territory like everyone else, are you smart or something” and so on... You can safely answer according to my prepared template.

• Watchman: Vasya, why didn’t you attend the cleanup work, you got mad, etc.?
• You: For what purpose are you interested?
• Watchman: meh, meh, this is your duty, you must
• You: I don’t owe anyone anything, I don’t get paid for it. Have you found a fool? I won't work for free!
• Watchman: makes a stupid remark about civic duty to school
• You: Let's everyone mind their own business

The watchman splutters and becomes despondent. Victory my friend. Any persons (classmates, colleagues, classmates) who side with the watchman envy you, since they have the guts to do so, and of course they are spineless people.

Do they have the right to force people to go to subbotnik?? No, tell your teacher that this is voluntary, don’t be spineless, declare your rights, you are a free person, not a slave to the school administration. Perhaps the money intended to hire workers for cleaning was stolen by the school director, and children are forced to work for free, which is a gross violation that should be collectively reported to the prosecutor's office!

The school has no right to force the territory to be cleaned! No one is obliged to work for free, this is written in the Constitution of the Russian Federation, and there is also a law on education.

50th article of the law on education. Rights and social support for students and pupils.

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.

Article 37. Constitution of the Russian Federation.
2. Forced labor is prohibited.

I don’t want to go to the cleanup, they demand money

This is illegal and is extortion outright. Record on a voice recorder or shoot on video. If you try to apply sanctions, threaten to contact the prosecutor's office.

​Often a situation arises in organizations: a cleanup day is scheduled, the day is a day off, and management forces you to take part. Naturally, workers have a question: “Is this state of affairs legal?” Let's figure this out together.

First, let us remember that forced labor is prohibited by the Constitution of the Russian Federation. This is one of the basic principles of labor organization in our country. Secondly, according to Russian labor legislation, weekends are the time when a person is free from performing his direct labor functions, and accordingly, he disposes of them at his own will and discretion. In other words, It is possible to involve employees in performing work on such days only after receiving their written consent. But as always: there are exceptions to all rules. In this case, in emergency situations (disasters, accidents, emergency situations), all employees are required to go to work. Of course, subbotniks do not belong to this number of events.

Participation in the cleanup can only be voluntary. Therefore, even if management plans to fine workers for non-participation in this event, such actions are illegal in advance. So, even if the employer refers to the fact that the employees were warned by the relevant order, we remind you that local acts of the organization that worsen the situation of their employees in comparison with the norms of the current legislation are not subject to application. Thus, a local order on taking part in a cleanup day on a day off is not subject to mandatory execution.

The only “way” to oblige an employee to participate in a subbotnik is the following: stipulate mandatory participation in such events in his employment contract(or a contract; or a job description). But, nevertheless, the employer will have to pay double the amount for the employee to go to work on a day off - in accordance with the current Labor Code of the Russian Federation (or more - but this is at the discretion of the management).

Thus, we realized that not all employees are required to take part in a cleanup event on a day off. And various sanctions emanating from management towards them, in the form of fines, for example, are absolutely unlawful if such an obligation is not stated in the employee’s employment contract or in his job description.

Is it legal to force an employee to take part in a cleanup event on a day off?

Often in organizations, the employer, by appropriate order, forces his subordinates to hold a cleanup day on a legal day off. Many people do not agree to do the cleaning and wonder whether the employee is required to go to cleanup on a day off.

What the law says

To answer the question posed, you should refer to the established provisions of the Labor Code of the Russian Federation. And they say:

1. A day off is free time from the performance of work duties by an employee, which he can spend at his own discretion (Article No. 106-107 of the Labor Code of the Russian Federation).
2. On a day off from work, an employee should not perform work activities (Article No. 113 of the Labor Code of the Russian Federation).
3. If there is an urgent need to call an employee from his day off, it is necessary to obtain his consent, documented (Article No. 113 of the Labor Code of the Russian Federation).
4. The above paragraph does not include situations that involve an immediate response from an employee, regardless of whether he gave approval to leave or not. These include disasters, emergencies, the introduction of a military regime, etc. (Article No. 113, clause 3 of the Labor Code of the Russian Federation).

Conducting a cleanup day is not included in this list, so no one can force an employee to go out and clean. He must give consent, which is documented.

IMPORTANT!!! In case of coercion on the part of the employer, do not forget that this method of service is prohibited in accordance with the Constitution of the Russian Federation. That is, by his illegal actions, the leader violates the law. Also, the employer does not have the right to impose penalties if a subordinate is absent from a cleanup day.

Every employee should know whether it is legal to force an employee to take part in a cleanup day on a day off, since superior management may violate his rights.

Definition of forced labor

Even if an order on internal regulations was issued with a requirement to attend the event, this act will not have any force. The employee, even after reading the text of the order, is not obliged to comply with the manager’s request.

It is possible to force an employee to go out on his day off for cleaning only in one case - to register this requirement in the job description or employment contract when officially registered. But even this option contains a minus - the employee is entitled to double payment for performing work functions on a day off. The double rate is calculated on the basis of actual hours worked.

At the request of the employee, the manager can give him time off on any convenient day. Then work on days off is subject to pay at the regular rate, and the day when the employee is on leave is not paid.

In addition to the fact that the Labor Code gives a detailed description of forced labor, you should understand what applies to it.

Performing work under duress means performing labor under the threat of fines or other violent actions against a subordinate.

The current code classifies coercion as the following type of motives pursued by a manager:

1. So that discipline within the team is not violated.
2. As a punishment, if an employee took part in political rallies, or verbally expressed hostility on this topic.
3. In order to exploit the labor force, it is implied that the employee's actions are free of charge.
4. Due to discrimination based on race, gender or social level.

ATTENTION!!! Attending a subbotnik is a person’s voluntary desire, therefore it is illegal to force or threaten him with deprivation of a bonus. This may lead to additional problems for the employer. Also, do not forget that dependent women who have small children under three years old cannot be involved in such work.

Also included in the protected group are people with disabilities (disability) who have written contraindications from a doctor. In accordance with the Labor Code, the contractor must conscientiously perform the work activities provided for in the employment contract. Subbotnik does not apply to obligations supported by an agreement or job description.

Characteristics above the labor standard

Overtime should not exceed the norm, that is, more than four hours over a couple of days in a row. For a calendar year, the total number of hours should not exceed 120 hours. The manager or his authorized representative must maintain an internal schedule for recording time worked drawn up for each employee of the organization.

Therefore, the manager will not be able to force an employee to give up his free time on a day off and go to an event. Only if he issues a written order and the subordinate voluntarily signs as a sign of consent.

Each person must decide this question for himself. Much depends on the attitude within the team, as well as towards the management of the enterprise. In any case, you can refuse the offer and refer to personal employment.

Question:

In accordance with a local regulatory act - an order of the head of an organization (LLC), once a year on a day off determined by the head of the organization, employees of the organization can be invited to participate in a cleanup day, namely, remove garbage from the territory of the organization, plant flowers, wash windows, etc. P. Participation in the cleanup is a voluntary social work and is not paid. An employee has the right to refuse to participate in a subbotnik, but only by indicating the reason for the refusal in writing.

Is it legal to apply such a local regulation, given that the punishment for non-participation in the subbotnik is not established? Can involvement in such a subbotnik be recognized as forced labor?

Answer:

In our opinion, due to the fact that in the case under consideration there is no threat of any punishment for refusing to participate in the subbotnik, voluntary participation in it cannot be recognized as forced labor. At the same time, the order of the head of the organization specified in the question cannot be applied, despite the fact that punishment for refusal to participate in the subbotnik is not provided, since such an order contradicts the norms of labor legislation. In the case under consideration, the employer, in violation of the Labor Code of the Russian Federation:

Firstly, it attracts workers to work without their written consent, while, on the contrary, it requires, in case of refusal to execute an order, to indicate in writing the reasons for such refusal;

Rationale:

In accordance with Art. 4 of the Labor Code of the Russian Federation, forced labor is prohibited.

Forced labor refers to the performance of work under the threat of any punishment (force), including as a means of mobilizing and using labor for the needs of economic development.

In our opinion, due to the fact that in the case under consideration there is no threat of any punishment for refusing to participate in the subbotnik, voluntary participation in it cannot be recognized as forced labor.

In addition, from paragraphs. "e" clause 2 art. 2 of Convention No. 29 of the International Labor Organization “Regarding forced or compulsory labor” (adopted in Geneva on June 28, 1930 at the 14th session of the ILO General Conference, ratified by the Decree of the Presidium of the USSR Supreme Council of June 4, 1956) the term “forced or compulsory labor” in within the meaning of this Convention does not include minor work of a communal nature, that is, work which is performed for the direct benefit of the collective by its members and can therefore be considered as ordinary civic duties of the members of the collective, provided that the population itself or its direct representatives have the right to express their opinion as to the advisability these works.

However, the following must be taken into account.

In accordance with Art. 106 of the Labor Code of the Russian Federation, rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion.

From Art. 107 of the Labor Code of the Russian Federation, types of rest time are weekends.

Based on Art. 113 of the Labor Code of the Russian Federation, work on weekends and non-working holidays is prohibited, except in cases provided for by the Labor Code of the Russian Federation.

Involvement of employees to work on weekends and non-working holidays is carried out with their written consent if it is necessary to perform unforeseen work, on the urgent implementation of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

Thus, labor legislation provides for the employee’s written consent to work on a day off only if it is necessary to perform unforeseen work, on the urgent completion of which the normal work of the organization as a whole or its individual structural divisions or an individual entrepreneur depends in the future.

In the case under consideration, the employer, in violation of this norm:

Firstly, it attracts workers to work without their written consent, while, on the contrary, it requires a written refusal to execute the order indicating the reasons;

Secondly, the work during the annual cleanup does not correspond to the nature provided for by the specified norm, namely, it is not of the nature of unforeseen work, on the urgent implementation of which the future normal work of the organization as a whole or its individual structural divisions depends.

As follows from Art. 8 of the Labor Code of the Russian Federation, norms of local regulations that worsen the situation of workers in comparison with established labor legislation and other regulations containing labor law norms, collective agreements, and agreements are not subject to application. In such cases, labor legislation and other regulatory legal acts containing labor law norms, collective agreements, and agreements are applied.

Consequently, the order of the head of the organization specified in the question cannot be applied, despite the fact that punishment for refusal to participate in the subbotnik is not provided, since such an order contradicts the norms of labor legislation.

Information provided by the reference and legal system "ConsultantPlus".

I think that cleanup days are necessary in the spring. After winter, there is so much dirt on the street that the wipers simply do not have time to remove it. Yes, they will probably collect all the garbage over time. But what, wait for months and walk through the mud? It’s better to go out and clean your own yard once. And it would be a good idea to clean up at work. For example, at the institute where I work, there is only one cleaner on staff. We simply cannot afford to hire more people. Of course, she is not able to wash the windows in a three-story building and dust off all the cabinets in a day. But we sit in this room all day long and breathe it all! Therefore, every spring both students and we, teachers, go out for cleanup. Just half a day of work - and our place is clean and easy to breathe. Even the busiest person can find time once a year, so hearing that cleanup work is hard is simply ridiculous. Any healthy person can work for a couple of hours.

Natalya, 47 years old, technologist

I studied at the institute for five years, then in graduate school. I have extensive experience in my specialty. And what? Should I be used as a cleaner? How is it happening here? Understanding full well that workers will find a lot of reasons not to go to cleanup on the weekend, managers organize this event on weekdays. At least that's what happens at our factory. It turns out that no one works on this day, everyone is hanging around with buckets and rags. Moreover, no one really wants to clean anything up either. It seems to me that for the money that my working day costs, it is quite possible to hire several migrant workers. But for some reason we still have the habit of hammering nails with microscopes. And nothing can be done about it - the “heavy legacy” of socialism. Back then, no one thought about what was rational and what was not. Students dug potatoes, research workers went to vegetable bases, engineers swept streets, and so on. In my opinion, it is high time to reconsider this approach. Let everyone mind their own business. Doctors treat, teachers teach, street cleaners clean the streets. And there is no need to force anyone to “get into the wrong sleigh.”

Natalya, 44 years old, housewife

Who should clean up the dirt for us? If we don’t go to the cleanup, everything will remain dirty. For some reason we are accustomed to the fact that someone owes us money. It’s dirty - let them come and clean it up, if something is broken - they have to fix it. For example, at our entrance we regularly organize cleanup days. Yes, we have a cleaning lady, but just cleaning the floor is not enough. In the spring, for example, you also need to wash the windows, and the walls in the elevator need to be wiped down at least from time to time. And if we don’t do this, then everything will remain dirty. No one will clean up for us. I was always indignant when listening to residents who said that they were not required to wash anything. I just don't understand their position! At home, they vacuum their floors and wipe away dust and consider this normal. And since the territory is public - the same entrance, then even if it is dirty there, even if nothing can be seen through the window, but they will not touch the mop and they will never take the rag in their hands. But the dirt won’t dissolve on its own! And if everyone thinks like this, then soon we will be completely covered with dust, and the walls in the elevator will not be visible under the inscriptions. It’s good that there are still people who understand this and who care about what’s going on around them. But, unfortunately, most believe that you just need to close the iron door of your apartment and not pay attention to what is behind this door. But I really want there to be flower beds in the courtyards, so that the entrances are clean, and the benches near them are not broken. And if we all get together, one day is enough to achieve this.

Ivan, 50 years old, system administrator

Why should I go to the volunteer cleanup? There are street sweepers to sweep the streets, and I pay for them to clean them. Our utilities are already expensive. And I also have to work for my own money? Let specially trained people do this. I don’t ask anyone to go to work instead of me once a year. Then why should I work “for that guy”? As a matter of principle, I don’t go to any subbotniks. I avoid them under any pretext and am proud of it. And so why don’t I pay! There are transport taxes, but there are no good roads, there is a social tax, but the pension is miserable, I pay rent for an apartment, but no one has done major repairs in my house for a hundred years. And they tell me that I also have to take revenge on the streets instead of the janitor, who is also supported with my money. Nonsense. It’s as if you hired a team to renovate your apartment and at the same time glued the wallpaper and whitewashed the ceilings yourself. This is not for me.

Pavel, 53 years old, engineer

It seems to me that the purpose of the cleanup is not only to clean up, but also to educate our people. In our country, it is considered normal to throw a cigarette butt past the trash can or throw an unnecessary thing out of the window. What about dog walkers? They walk with their pets, not caring at all about who will clean up the waste. So, I think that if you force a person to collect cigarette butts and peel the gum off the walls in the entrance, next time he will not be too lazy to take his bull to the trash heap and spit the gum into the trash can. This is the only way to teach our people elementary culture. After all, until they dig into the dirt with their own hands, no explanations will help - even if you say a hundred times that littering is not good, they will still do it! There, in front of our house, a group of teenagers gathered all the time. They drank beer and smoked. After them, you can’t approach the entrance - everything is littered with cigarette butts and empty bottles. How many times have I told them not to leave garbage behind - it’s all useless. We had to gather the men from our entrance and force these young scumbags to clean up everything after themselves. So, they crawled around, collected the bulls, took the broken bottles to the trash, and now everything is fine. They smoke in a tin can and put the garbage in a bag. And if everyone is forced to take part in the cleanup at least a couple of times, then perhaps then the cleanup will simply not be needed - and so they will stop shitting on the streets, because after all they will have to clean up themselves.

Mikhail, 32 years old, programmer

Every work must be paid. And why then should I wave a broom for free? No, if necessary, if we don’t have enough wipers, I agree. But then let me get paid for it. When I go to work on my day off or stay late, I get paid overtime. It’s the same with the subbotnik. If you want me to work, pay me. Where can I get the money? Yes, let the same janitor be deducted from his salary. If I collected dirt for him, and he was sitting at home that day, then his money is owed to me. And there is no need to put pressure on your conscience, saying that there is no one else to clean up except you. We have a dime a dozen unemployed migrant workers. Pay them, they will lick your sidewalks with their tongues. But for some reason we are accustomed to the fact that people should work solely on sheer enthusiasm. And those times are long gone. Capitalism is in the yard. So no propaganda is needed, better - a material incentive. And immediately everything will fall into place. There will be people who want to clean up the streets and entrances and do it well. And that’s how our cleanup days are held: people gather, take brooms and rakes in their hands and stand with them in an embrace, smoke or drink beer. After cleaning them up, the garbage only becomes more. What is the demand from them? They work for free. In my opinion, it’s high time everyone learned the truth that good things don’t come cheap, and even more so, they don’t come free.