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- Year: 2014
- Country: Bosnia and Herzegovina
- Language: English
- Document Type: Domestic Law or Regulation
- Topic: Volunteerism
OF LOCAL COMMUNITIES LAW ON
REPUBLIC OF SRPSKA E u r o p e a n C e n t e r F o r N o t – f o r – P r o f i t L a w
This publication was developed under the Legal Enabling Environment Program (LEEP II)
implemented by the International Center for Not-for-Profit Law. It was made possible
by the generous support of the American people through the United States Agency for
International Development (USAID). The contents are the responsibility of the authors
and do not necessarily reflect the views of International Center for Not-for-Profit Law,
USAID or the United States Government.
LAW ON VOLUNTEERING
OF THE REPUBLIC OF SRPSKA
3 LAW ON VOLUNTEERING OF THE REPUBLIC OF SRPSKA
LAW ON VOLUNTEERING
I GENERAL PROVISIONS
This Law defines the basic concepts related to volunteering, volunteering requirements,
principles for organizing volunteering, conclusion of the volunteer service agreement
requirements, rights and obligations of volunteers and organizer of the volunteering, social
evaluation, stimulation and development of volunteering and other issues of importance for
performance of volunteering.
(1) Volunteering is an activity of general interest for the Republic of Srpska (hereinafter referred
to as: the Republic) which contributes to the improvement of quality of life, the active
participation of citizens in social life and the development of a more humane and egalitarian
(2) Experience and skills, needed and useful for active participation in society, personal
development and the common good are gained through volunteering.
Volunteering, within the meaning of this Law, is an organized voluntary activity or provision
of services or performance of activities with the aim of general and common welfare or that of
another person without monetary compensation or material gain, unless otherwise provided
in the Law.
This Law does not limit the possibility of volunteering activities that occur sporadically and
spontaneously, without designated organizer of volunteering, on a voluntary basis and without
compensation, with the aim of general and common welfare or that of another person, as well
as voluntary educational activities for children up to 15 years organized with the aim of general
and social benefit; but the provisions of this Law shall not apply to these forms of volunteering.
Volunteering, for the purpose of this Law, shall not be considered as:
a) the vocational training without an employment contract which represents volunteer
work governed by the regulations of labour relations or other regulations,
b) the performance of services or activities that one person is obliged to give to another
person on the basis of laws or regulations,
v) the performance of specific obligations in accordance with court decisions,
4 WITH VOLUNTEERING LEGISLATIVE TOWAR dS d EVELOP mENT OF LOCAL CO mm UNITIES
g) the provision of services or activities that are common in family, friendship and
neighbourly relations and
d) the performance of services or activities relating to complimentary and irreversible
provision of property, cash and complimentary provision of movable and immovable
property on use.
Grammatical terms used in this Law to indicate either masculine or feminine gender shall
include both genders.
II VOLUNTEERING REQUIREMENTS
Volunteering is an activity that may last up to 30 hours per week, with the exception of
cases where the organizer of volunteering is a business organization, i.e. a public company,
when the voluntary activity may last up to eight hours per month.
(1) A volunteer may be any natural person above the age of 15 who is performing volunteer
services in the Republic, in accordance with this Law.
(2) A minor volunteer is a person between 15 to 18 years of age and subjected to special
protection principles for minor volunteers in accordance with Article 16 of this Law.
(1) Volunteering is organized by the organizer of volunteering.
(2) Organizer of volunteering may be, provided he is registered or authorized by the Republic:
a) any legal person registered in accordance with the regulations governing the operation
of associations and foundations,
b) government administrative body,
c) a local self-government unit,
d) a public institution,
e) a private institution dealing with health care, teaching and education,
f) a religious community.
(3) A business organization, i.e. a public company may be the organizer of volunteering in
accordance with this Law if:
a) it, as an organizer, engages its employees as volunteers,
b) the employees voluntarily volunteer,
c) it organizes volunteering of its employees for the common good, or good of another
person in business activities outside the premises of business organization, i.e. public
company in cooperation with any official organizer of volunteering defined in paragraph
2 of this Article,
5 LAW ON VOLUNTEERING OF THE REPUBLIC OF SRPSKA
d) the performance of volunteer services and activities shall not acquire profit,
e) volunteering shall not replace the work of employees and other persons engaged in
operations of business organization or public company and
f) volunteering is done during working hours, and the employer approved the workers
who want to participate in volunteering activities to use paid leave for this purpose.
(1) A beneficiary of volunteering may be a natural person, the organizer of volunteering whose
main goal is not to gain profit, or a community receiving volunteering services.
(2) A beneficiary of volunteering may not be a business organization.
(1) In order to develop volunteering and mediation between volunteers and the organizer of
volunteering in the Republic, volunteer services may be established.
(2) Volunteer services provide services to organizers of volunteering, volunteers and
beneficiaries of volunteering free of charge.
(3) The activities of volunteer services may be performed by non-profit legal entities only.
III PRINCIPLES FOR ORGANIZING OF VOLUNTEERING
(1) During volunteering activities, the organizer of volunteering must not lead volunteers in
an unequal position, i.e. he shall not permit the treatment of volunteers that constitutes
discrimination on any grounds.
(2) The organizer of volunteering and volunteers are required to treat individuals as beneficiaries
of volunteering in accordance with the principles referred to in paragraph 1 of this Article.
(1) The organizer of volunteering is required to ensure that volunteering shall be done in a
manner that protects personal integrity and interest of a beneficiary of volunteering.
(2) The organizer of volunteering is obliged to pay particular attention to the selection and
training of volunteers who volunteer with beneficiaries of volunteering:
b) persons with developmental disabilities,
c) persons with disabilities,
d) elderly and infirm persons and
e) the ill or persons with total or partial disability to work.
(3) A volunteer who volunteers with beneficiaries of volunteering referred to in paragraph
2 of this Article shall possess the knowledge, experience and ability to work with these
6 WITH VOLUNTEERING LEGISLATIVE TOWAR dS d EVELOP mENT OF LOCAL CO mm UNITIES
Volunteering with persons referred to in Article 13, paragraph 2 of this Law is prohibited to:
a) a person sentenced with the final convicting verdict for a criminal offence against life
and body, against the freedoms and rights of citizens, against sexual integrity, against
marriage and family, against the health of people, as well as persons who were sentenced
with misdemeanour sanction prescribed by regulations on protection against domestic
b) a person who is taking a security measure of compulsory psychiatric treatment or
mandatory addiction treatment programme or prohibition of performing professional
activities or duties related to the specific activities of volunteering.
(1) Volunteering may not be organized for the purpose of gaining profit.
(2) It is forbidden to organize volunteering to replace operations performed by individuals in
accordance with labour regulations.
(1) Regulations relating to occupational health and safety of minors are applied to minor
volunteers while performing volunteering.
(2) Minor volunteers may volunteer only with a signed volunteer service agreement in
writing and with the written consent of their legal representative, unless the organizer of
volunteering is an educational institution.
(3) Minor volunteer may volunteer exclusively in activities in accordance with his age, physical
and mental development level and skills that do not pose a risk to his health, development
and success in carrying out his student duties.
(4) Minor volunteers perform volunteering under mandatory supervision of organizer of
(5) Minor volunteer may not volunteer for hard work, the works that are done under water or
under ground, as well as other activities that could pose an increased risk to his life, health,
physical and mental development, sexual integrity and performance at school.
(6) Persons under 18 are prohibited from volunteering from 08.00 p.m. to 07.00 a.m. the
(7) The organizer of volunteering is obliged to pay special attention to protection of health and
well-being of minor volunteers.
(8) Minor volunteer has all the rights of the volunteer prescribed by this Law.
IV VOLUNTEER SERVICE AGREEMENT
(1) The relationship between a volunteer and the organizer of volunteering may be regulated
by volunteer service agreement to be concluded in writing.
(2) The written form of conclusion of the agreement and permanent supervision of the organizer
of volunteering in performing volunteering activities is obligatory:
7 LAW ON VOLUNTEERING OF THE REPUBLIC OF SRPSKA
a) when engaging a minor volunteer between the age of 15-18,
b) when it is required by the volunteer and
c) when the beneficiary of volunteering is a child, a person with developmental disabilities,
a person with disabilities, an old and infirm person, an ill person or a person with total
or partial disability to work.
(3) At the conclusion of the volunteer service agreement with the persons referred to in
paragraph 2, item c) of this Article, volunteers are required to submit to the organizer of
volunteering a verified statement attesting that they are not sentenced of penalties and
security measures as referred to in Article 14 items a) and b) of this Law,
(4) By concluding the volunteer service agreement rights on the basis of unemployment or
employment shall not be lost.
(1) Volunteer service agreement must contain the following information on:
a) the contracting parties, the place of their residence or headquarters, and the details of
the legal representative in case of a minor volunteer,
b) the place of volunteering and the duration of volunteering,
c) the volunteering activities or services to be performed,
d) the written consent of the legal representative in case of a minor volunteer,
e) the costs related to the conduct of volunteer work and the way they are compensated,
f) the method of supervision of volunteers by the organizer of volunteering in case of a
minor volunteer or if beneficiaries of volunteering are persons as referred to in Article
13, paragraph 2 and
g) special rights and responsibilities of volunteers.
(2) Volunteer service agreement may also contain other specific elements relevant to particular
forms of volunteering.
governing the contractual relationships shall be applied to the relationships of the volunteer
service agreement that are not regulated by this Law.
V RIGHTS AND OBLIGATIONS OF A VOLUNTEER AND THE
ORGANIZER OF VOLUNTEERING
A volunteer shall be entitled to:
a) registration of volunteer activities in the volunteer booklet,
b) be introduced to the ethical standards relevant to a particular form of volunteering,
c) appropriate training in order to improve the quality of the activities performed and
services provided, particularly if those are required by the nature of volunteer activities
and services provided,
d) professional assistance and support during volunteering,
8 WITH VOLUNTEERING LEGISLATIVE TOWAR dS d EVELOP mENT OF LOCAL CO mm UNITIES
e) be informed in writing with the terms of volunteering, activities to be performed,
services to be provided and the rights under this law and other regulations, as well as
general acts of the organizer of volunteering,
f) reimbursement of contracted costs incurred in connection with volunteering,
g) safe working conditions in accordance with the nature of volunteer activities performed,
h) protective equipment in accordance with the nature of volunteer activities performed
and services provided,
i) be acquainted with the dangers relating to the specific form of volunteering to be
j) a daily break in a period agreed,
k) protection of privacy and personal data and
l) participate in making decision on issues related to volunteering.
(1) Previously announced or justified leave of absence from volunteering may not be a reason
for the loss of any of the rights of the volunteer.
(2) Special rights of the volunteer not prescribed by this Law may be regulated by volunteer
(1) A volunteer shall be obliged to:
a) volunteer in accordance with the rules and instructions of the organizer of volunteering,
b) preserve confidentiality and personal information of the beneficiary or the organizer of
c) refuse volunteering contrary to this Law and
d) promptly inform the organizer of volunteering in case of justified prevention from or
intention to discontinue performing volunteering.
(2) Responsibility of a volunteer is to carry out the instructions of the organizer of volunteering,
excluding the instructions regarding volunteering which are as follows:
b) dangerous to life or health of a volunteer, a beneficiary of volunteering in case of a
natural person or other natural persons,
c) presenting danger to persons’ property,
d) morally and ethically unacceptable for a volunteer and
e) contrary to volunteer service agreement.
(3) If a volunteer considers or knows that the execution of the instructions may cause damage
to a volunteer, beneficiaries of volunteering or third parties, he shall be required to alert the
organizer of volunteering.
(4) A volunteer shall not be liable for the damage caused if he previously warned the organizer
of volunteering of such a possibility, unless his responsibility is stipulated by another law.
(1) The organizer of volunteering shall be obliged to:
9 LAW ON VOLUNTEERING OF THE REPUBLIC OF SRPSKA
a) ensure the protection of a volunteer while performing volunteer work prescribed in
accordance with the law governing occupational safety,
b) respect the rights of a volunteer,
c) carry out contractual obligations towards a volunteer,
d) ensure the conditions for respecting the rights of a volunteer,
e) document volunteer activities of a volunteer in volunteer booklet,
f) provide materials and resources for performance of volunteering activities,
g) ensure reimbursement of the contracted cost to a volunteer,
h) provide a volunteer with confidentiality of personal information and protection of
i) enable volunteers to use additional paid day off if volunteering is organized by a
business organization or a public company and
j) ensure other conditions and rights prescribed by this Law.
(2) The organizer of volunteering shall be obliged to provide a volunteer with insurance
coverage against occupational diseases and consequences of accidents at work in case of:
a) volunteering in conditions dangerous to life and health of a volunteer
b) if so agreed.
Upon the request of the Ministry of Family, Youth and Sports (hereinafter referred to as: the
Ministry), the organizer of volunteering shall be obliged to deliver a report with the requested
data on services and activities performed as provided by this Law within 30 days from the day
of the receipt of the request.
If agreed or provided by law, monetary compensation or material gain of volunteers is not
considered compensation incurred as a cost of volunteering:
a) monetary compensation for the purchase of work-clothes, accessories and protective
equipment necessary for volunteering, with a receipt of payment,
b) monetary compensation for the purpose of travel costs, accommodation and meals
incurred during volunteering activities, with a receipt of payment,
c) monetary compensation for the purpose of feeding, care and training of animal owned
by volunteer and participating in volunteer activities, with a receipt of payment,
d) monetary compensation for the purpose of receiving medical services and vaccines,
e) monetary compensation for training costs required for volunteering,
f) monetary compensation for insurance premiums of volunteers covering death, physical
injury or occupational disease during volunteering, i.e. monetary compensation for the
purpose of liability insurance for damage caused to the organizer of volunteering or a
g) monetary compensation to obtain documents or pay administrative fees required for
h) monthly costs of food and transportation for volunteer amounting to total of 30% of the
average monthly net salary in the Republic according to the latest official data of the
republican authorities on charge of statistics and
10 WITH VOLUNTEERING LEGISLATIVE TOWAR dS d EVELOP mENT OF LOCAL CO mm UNITIES
i) paid cash amounts to the winners of the National volunteer service award or the
volunteer service award (hereinafter referred to as: the award) defined by the local self-
(1) A volunteer who, during volunteering intentionally or due to gross negligence, causes
damage to a beneficiary of volunteering, the organizer of volunteering or third parties shall
be obliged to pay for the damage in accordance with the general regulations governing
(2) The organizer of volunteering shall be liable for the damage caused to beneficiaries of
volunteering or third parties by a volunteer during volunteering according to the principle
of strict liability, unless it may be proved there were reasons to exclude his responsibility.
(3) The organizer of volunteering who compensated for the damage to a beneficiary of
volunteering or a third party has the right to seek damages from a volunteer if it is proved
that a volunteer caused damages intentionally or by gross negligence.
VI SOCIAL EVALUATION, STIMULATION AND DEVELOPMENT OF
(1) The Republic and local self-government units in accordance with their respective
jurisdictions may establish measures and activities aimed at supporting the development
and promotion of volunteering in the Republic.
(2) Measures and activities referred to in paragraph 1 of this Article shall apply to: adoption of
strategies and policies at the level of the Republic and local self-government units, support to
establishment, operation and networking of volunteer services, establishment of volunteer
services and awarding legal and natural persons contributing their work to the development
of volunteering and implementation of measures of the adopted strategies and policies.
(3) The Ministry shall fund the support to the development and promotion of volunteering
on the basis of the Book of Rules on financing of measures and activities to support the
development and promotion of volunteering issued by the Minister of Family, Youth and
Sports (hereinafter referred to as: the Minister).
(4) Book of Rules under paragraph 2 of this Article shall closer determine the criteria of funding
volunteer activities, the method of funding, the measures and desired effects of volunteering,
reporting upon completed activities and the control of designated expenditure of allocated
The role and importance of volunteering is transferred to children and youth by formal and
(1) An award is the highest recognition awarded by the Republic for volunteering and
contributing to promotion of volunteering.
11 LAW ON VOLUNTEERING OF THE REPUBLIC OF SRPSKA
(2) An award referred to in paragraph 1 of this Article shall be awarded by the Ministry.
(3) Funds for the award shall be provided in the budget of the Republic of Srpska.
(4) Types, criteria, amount, procedures and conditions for obtaining the award under paragraph
1 of this Article shall be prescribed by the Book of Rules on awarding the National volunteer
service award, issued by the Minister.
Local governments may, in accordance with its responsibilities, prescribe specific forms of
(1) A business organization, i.e. a public company may support the development and promotion
of volunteering by allocating financial resources to the organizer of volunteering for this
(2) A business organization, i.e. a public company may support the development and
organization of volunteering also by provision of equipment, food, clothing and other
goods needed to perform volunteering activities.
(1) Volunteering experience and involvement shall be recorded in volunteer booklet.
(2) The content and layout of volunteer booklet shall be prescribed by the Book of Rules on
volunteer booklet, issued by the Minister.
VII SUPERVISION AND PENALTIES
Administrative supervision over the implementation of this law and regulations adopted
thereunder shall be performed by the Ministry.
Inspection supervision over the implementation of the provisions of this Law shall be
conducted by the Republic Administration of Inspection Activities of the Republic of Srpska
through competent inspectors, and in accordance with the authorities provided by this Law
and the law governing the organization of work of the Republic Administration of Inspection
Activities of the Republic of Srpska.
(1) A fine ranging from 3,000 to 10,000 KM shall be levied on the organizer of volunteering as
a legal entity if he:
a) organizes volunteering contrary to Article 9, paragraph 3 of this Law,
b) treats volunteers contrary to the provisions of Article 12 of this Law,
12 WITH VOLUNTEERING LEGISLATIVE TOWAR dS d EVELOP mENT OF LOCAL CO mm UNITIES
v) organizes volunteering contrary to the provisions of Article 15 of this Law,
g) recruits minor volunteers contrary to the provisions of Article 16 of this Law,
d) recruits a volunteer contrary to article 17, paragraph 2 of this Law,
đ) recruits a volunteer without the necessary statements in accordance with Article 17,
paragraph 3 of this Law,
e) fails to perform the obligations in accordance with Article 23 of this Law and
ž) fails to submit a report upon the request of the Ministry in accordance with Article 24
of this Law.
(2) A fine of 1,000 to 3,000 KM for the offense referred to in paragraph 1 of this Article shall
be levied also on the responsible person in the legal entity.
A fine ranging from 3,000 to 10,000 KM for the offense shall be levied on the natural
person if volunteering contrary to Article 14 of this Law.
VIII TRANSITIONAL AND FINAL PROVISIONS
(1) The Minister shall in six months’ time from the entry into force of this Law issue:
a) the Book of Rules on financing of measures and activities to support the development
and promotion of volunteering (Article 27),
b) the Book of Rules on awarding the National volunteer service award (Article 29) and
c) the Book of Rules on volunteer booklet (Article 32).
(2) Until the issuance of the rulebooks referred to in paragraph 1 of this Article, by-laws issued
in accordance with the Law on Volunteering (“Official Gazette of the Republic of Srpska”,
No. 73/08) shall be applied, unless they are contrary to this Law.
On a day of entry into force of this Law the Law on Volunteering (“Official Gazette of the
Republic of Srpska”, No. 73/08) ceases to be valid.
This law shall enter into force eight days after being published in the “Official Gazette of
the Republic of Srpska”.
No: 01- 2104/13 PRESIDENT
Date: October 3, 2013 OF THE NATIONAL ASSEMBLY
Mr Igor Radojičić
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