The Ministry of National Education has issued a statement clarifying its call for trade unions to regularize the legal status of their delegations. The Ministry stated that it has observed the spread of inaccurate interpretations and attempts to mislead the public regarding this procedure.
The Ministry emphasized that Law No. 23-02, dated April 25, 2023, clearly regulates the issue of ‘delegation,’ particularly in Article 119, paragraph three. This article stipulates that delegation results in the suspension of the employment relationship, and the concerned trade union is responsible for the salary of the delegated member.
This clarification comes in response to the procedure initiated by the Ministry through the directorates of education, which involves calling on all members of trade unions, at both the national and regional levels, to regularize their legal status in accordance with the provisions of Law 23-02 concerning the exercise of trade union rights, especially with regard to the status of delegation.
The statement added that a number of trade union members are currently in an irregular situation, as they do not possess delegations that comply with the law, and at the same time, they do not perform their original duties within educational institutions, despite receiving their salaries from the Ministry.
The Ministry clarified that the aim of this procedure is to protect those concerned and ensure respect for the law, and not to restrict them. It reiterated its call for members of trade unions to either complete the delegation procedures by their trade union organizations or return to practicing their original activities within their educational institutions.
The Ministry stressed that this procedure does not affect the right to exercise trade union activity in any way, confirming that its doors remain open for cooperation and continuous coordination in accordance with the law, and without any breach of the applicable legal framework.
The Ministry reaffirms its commitment to a constructive dialogue with all stakeholders to ensure a fair and transparent application of the law. Further updates will be provided as needed.
