Algiers – The Ministry of National Education has released a statement clarifying recent directives regarding the legal status of union representatives within the education sector. The statement addresses what the Ministry considers to be inaccurate interpretations circulating regarding its call for members of national and regional union organizations to regularize their legal standing concerning union mandates.
The Ministry emphasized that this action is a strict implementation of Law No. 23-02, dated April 25, 2023, pertaining to the exercise of union rights. Specifically, the Ministry cited Article 119, paragraph three, which stipulates that union mandates result in the suspension of the employment relationship, with the responsibility for the mandated member’s salary falling to the respective union organization.
The statement highlights that a number of union members are currently in a situation that does not comply with the law. These individuals, according to the Ministry, do not possess legal mandates, yet are not performing their original duties within educational institutions while continuing to receive salaries from the public sector. This discrepancy, the Ministry asserts, necessitates intervention to rectify the situation and protect those involved from potential legal consequences.
The Ministry of Education maintains that its call is solely aimed at resolving legal ambiguities. This can be achieved either through the completion of mandate procedures with the relevant union organizations or by returning to the practice of their original professional activity within educational institutions. The Ministry explicitly denies any intention to restrict or undermine union activities.
The Ministry reiterated that this procedure does not infringe upon the right to engage in union activity. It affirmed its commitment to open dialogue and coordination with social partners, within the framework of respecting applicable laws and regulations, to ensure the protection of rights and the consolidation of legal and organized union practices.
