A resident of Novosibirsk assures: the employees of the game room of the entertainment center gave her son to a complete stranger. It's good that it was her colleague and he just checked the vigilance of the tutors, and a tragedy could happen.
AiF.ru found out from a lawyer whether the children's center is responsible for life and health your child, and can be sure that it will not be handed over to the intruder.
“They gave it away and they didn't even call me”
Novosibirsk resident Lyudmila Romanova left her son Ruslanin the playroom of the children's center in shopping complex. She herself works in the same building and, having paid 800 rubles, she was sure that the boy would be supervised all day long. Several times the woman visited her son, and after the shift she decided to follow him. When Lyudmila's colleague suggested going for her son, she laughed: who will give the child to an outside man. Imagine her surprise when the young man soon returned, holding the hand of a child.
This story hit the media after Lyudmila returned to the playroom and promised to complain to the Rospotrebnadzor and the prosecutor's office. «My son was stolen!» — filed claims against Romanov. However, the employees of the children's shopping and entertainment complex assured that they had seen this guy with the boy's mother before, and the and the child went to he as to his friend. From which they concluded that the boy could be entrusted to a man.
They write a phone number and wishes in a note
An employee of one of the playrooms of Chelyabinsk < strong>Svetlanatold our correspondent that certain rules apply in their organization. The parents of the child fill out an application in which they indicate their phone numbers, and also prescribe who will pick up the baby in the evening. Of course, no other people even close to anyone will be allowed near the children, the tutor assures. In her memory, there were no such problems. “If some kind of “jamb” happens, for example, one child offended another, we offer parents a free photo of the baby, a non-paid visit and & nbsp; other small goodies, — Svetlana says.
But the net there are a lot of reports about that children left under the supervision of tutors get injured every now and then. So, in 2014, a Muscovite named Aleftinaleft her three-year-old daughter in the children's room of the mall. She returned literally 15 minutes later, but during that time her daughter managed to break her arm. The nannies looking after the girl not only didn’t call an ambulance, but also assured the mother that the baby herself was to blame, she violated the safety rules when jumping. But what does a three-year-old baby understand in rules of conduct? Aleftina spoke about what happened at one of mom's forums, but instead of advice on how to punish negligent nannies, she received a recommendation not even to get involved: it proves guilt is almost impossible.
There is no intelligible law
Associate Artem Dulgerconfirms: the scope of babysitting is now not properly regulated by law: initiatives, for example, to amend the FZ On Basic Guarantees of the Rights of the Child in the Russian Federation“, have not yet been implemented. And & nbsp; after all, it was proposed to formulate the concept of & nbsp; temporary care for & nbsp; children very clearly, to develop requirements for & nbsp; performers of such services. We proceed from the current realities. Any provision of services for personal purposes, which may include babysitting services, is subject to the regulation of the Consumer Protection Act. The law contains the rules for the provision of services (Chapter 3) and the consequences of the provision of services of inadequate quality. But these are general rules. And the specifics of the issue are acute — children's safety. It is worth noting that there is GOST R 57597-2017, which describes the requirements for care and care of children. But from its summary it follows that it is more suitable for babysitting services and care at home. There is also a more interesting and informative GOST R 58207-2018/ISO/IEC „Guidelines on children's safety issues“. It classifies and describes in detail the main behavioral patterns of children and factors representing danger».
The lawyer explains how the paperwork for the transfer of the child under temporary supervision takes place. Most often, performers post standard rules for the provision of services. Their content is unpredictable. One performer, without looking, downloads something similar from the Internet. The other will make it himself. How responsibly they will approach the development of such an important document is a rhetorical question. Someone can even try to limit their liability and make a reservation that in the event of injury or harm to health, he is not to blame. Also, in practice, the organizers of playrooms rarely draw up any contracts with parents. And mothers and dads themselves also often don't ask such a question. “However, a written contract is not necessary, — Dulger explains. — The fact of the service can be proved by any other means, for example, photo and video, video recordings from surveillance cameras in SEC, witness statements, procedural document of law enforcement agencies. Before transferring the child, you need to find out about & nbsp; the performer, in what form he & nbsp; conducts activities (self-employed, individual entrepreneur, LLC). Also, specify what specific services the contractor provides.
To the question of whether in practice they are responsible for children in playrooms, the lawyer says: “Definitely, yes. However, in case of need, it is not easy to bring to responsibility. To do this, you will have to contact various authorities, for example, the police, and with its help to establish the facts of the service, the circumstances of the injury or loss. You can apply to Rospotrebnadzor and the prosecutor's office to hold responsible for the very fact of conducting activities that violate the requirements of the law. It is quite realistic to bring the organizers of playrooms to responsibility for cases of harm to the health of children.
The lawyer gives recommendations to the organizers of children's rooms: work. Treat this activity as responsibly as possible and conduct it legally, transparently. Draw up contracts and rules. Supervise and train your staff. Provide parents with detailed information about the features of the service. In activities involving children, there is no place for the desire to avoid responsibility. Otherwise, the blind pursuit of profit can turn into a disaster.
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