Public Benefit Activity and Volunteerism (Draft)

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Polish Draft Law on Public Benefit Activity and Volunteerism
(relevant excerpts)

Art. 2
Wherever this law refers to a:

9) volunteer – it refers to a person, that performs, on a voluntary basis and without compensation
within the understanding of the Labor Code, servic es, based on the rules put forth in this law.

Part III

Chapter 1
General Regulations Concerning Volunteers

Art. 41

1. Based on the rules defined here, volunteers may perform services, which
correspond with
employment services, for:

1) non-governmental organizations, within the scop e of their statutory activities, particularly public
benefit activities,
2) public administration bodies, except services within the scope of the body’s economic activities,
3) sub-units of public administration bodies or ot her units controlled by such bodies, except services
within the scope of economic activities practiced by those units,
hereafter “beneficiaries.”

2. The regulations of this chapter appropriately app ly to volunteers performing services for international
organizations in the territory of the Republic of Poland, if this is not contrary to international

Art. 42

1. Volunteers’ services are performed in accordance with the framework, characteristics, and time period defined in an agreement with the beneficiary.

2. At the volunteer’s request, the beneficiary is obliged to provide a written confirmation of the content
of the above-mentioned agreement, as well as a written confirmation:

1) that services were performed by the volunteer,
2) of completion of the services performed by th e volunteer, and, at his request, a description of
the scope of the volunteer services.

Art. 43

Chapter 6 of the Act on Employment and Counteracting Unemployment, of 14
December 1994 (Dz.U. z
2001 r. Nr 6, poz.56) does not apply to volunteers.

Chapter 2
Specific Regulations

Art. 44

1. The beneficiary described in Art. 41(1)(1), may:

1) provide a volunteer, as specified in other regu lations concerning workers, with necessary
medical exams, personal safety equipment as well as accident insurance for his work within the
scope of activities conducted for the beneficiary.
2) cover expenses, as specified in other regulations concerning workers, of
business travel and
other necessary costs, including per deiums, incurred by the volunteer w
ithin the scope of
activities conducted for the beneficiary.

1. The beneficiary described in Art. 41(1)(2,3) is required to provide the benefits and cover the
expenses described in Art. 44(1), unless the volunteer executes a written release, waiving his right to
these benefits.

2. If the beneficiary described in Art. 41(1)(2,3) enters into an agreement with a volunteer for
performance of services in the territory of a country other than the Republic of Poland on the basis of
a treaty between the Republic of Poland and the appropriate administrati
ve body of the other
country, the volunteer is entitled to benefits and coverage of expenses that are customary under
such circumstances, and not contrary to other laws, international agreements and rules of the
appropriate administrative body of the co untry where the volunteer is to serve.

Art. 45

Expenditures for the aims stated in Art. 44 are treated as:

1) costs of carrying out statutory activities of non-governmental organizations as beneficiaries
2) costs of the beneficiaries, as stated in Art. 41(1)(2,3)

Art. 46

The value of a volunteer’s services does not constitute a contribution to the beneficiary within the
understanding of the Civil Code and tax regulations.

Art. 47

1. A volunteer may take advantage of social security benefits in accordance with the rules defined in the
regulations on the social security system and paragraph 2 below.

2. A beneficiary described in Art. 41(1)(2,3) has the ob ligation to provide at its expense social security
benefits and health insurance benefits, within the universal health cove
rage system, for the
volunteer, unless the volunteer has gained the right to these benefits o
n other basis.