Moroccan teachers’ union challenges legality of supervisory duties for primary school staff

A Moroccan teachers’ union has announced plans to formally petition the Ministry of National Education to halt the assignment of supervisory duties outside the classroom to primary school teachers, calling the practice “legally baseless.”

The National Union of Education (UNE), affiliated with the Popular Union of Trade Unions, told Hespress AR that it will address letters to the Ministry and regional education academies, backed by a detailed legal study that contests the legality of assigning non-teaching tasks, such as recess or lunch supervision, to primary school instructors.

According to the union, the study concludes that these duties are not stipulated in the statutory framework governing Ministry of Education employees and thus violate Article 5 of Decree No. 2.24.140. The union argues that internal ministry memos cannot override binding legal statutes due to the hierarchy of legal norms.

Legal Basis Cited

The study references the principle of legal hierarchy, asserting that lower-level regulations, such as ministerial memos, cannot supersede higher-order legal texts like decrees. It specifically cites Article 5 of the Ministry’s employee statute, which prohibits assigning duties not explicitly mandated by legal or regulatory texts.

It also interprets Article 85 of Morocco’s Code of Obligations and Contracts, which establishes educators’ civil liability for students under their direct supervision, not as a mandate for new responsibilities, but as a clarification of liability in cases of existing, official oversight.

Furthermore, the union argues that Article 15 of the same employee statute does not include recess or lunch supervision as part of teaching staff duties.

Ministry Memo Under Scrutiny

The union specifically targets Ministerial Memo No. 70/01, dated Sept. 1, 2011, which instructs school principals to schedule staff supervision during student entry, exit, and recess. According to the union, while the memo references supervision, it does not have the legal standing to impose new duties that conflict with the statutory framework.

The legal study concludes that the proper administrative solution for supervision at rural or multi-site schools would be to assign an assistant principal to each satellite campus, rather than tasking teachers with additional responsibilities without compensation or legal grounding.

Voluntary, Not Mandatory

Azeddine Amami, the national secretary of UNE, told Hespress AR that assigning supervision duties outside the classroom to primary teachers is “unlawful,” reiterating that the widespread belief among teachers that signing supervision rosters on the first day of school is a legal obligation is a misconception.

“Once they sign the roster, teachers are often expected to supervise at least one day per week,” Amami said. “But these are tasks meant for assistant principals.”

He emphasized that while many teachers are willing to assist voluntarily if needed, being legally bound to perform such duties is unacceptable. “The Ministry and regional academies must stop issuing these rosters, which clearly violate the statutory framework,” he added.

UNE said it will submit its legal analysis to the Ministry, urging it to uphold teachers’ rights and revise practices that impose extra duties without a legal basis.