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Translation from Romanian

Law no. 195 / 2001
Romanian Law on Volunteerism
(With modifications)

CHAPTER 1: GENERAL PROVISIONS

Art. 1. The present law governs the promotion and facilitation of the foreign and Romanian citizens’
participation, according to civil solidarity, to vol unteer activities, as organised by public and private
legal, non profit entities, as well as the participation of youth in international volunteer programs, as
implemented by descentralized structures in close connection with the national authorities involved in
matters regarding youth.

Art. 2 For the purpose hereof:
a. volunteer activity shall be considered the activities perf ormed for the benefit of the public, by
natural entities, hereinafter named ‘volunteers’, within the framework of the legal relationship
other than labor relationship and the relations hip arising between enployer and remunerated
piece-work employees;
b. activity performed for th e benefit of the public shall be considered, acco rding to the law, the
following: social work, social care, human rights protection, hea lth and health care, cultural,
educational, tuition, sc ientific, humanitarian, religious, phila ntropic, sports, environment and
social and community activities;
c. hosting organisations shall be considered the private or public non profit organisation which
concludes, hereunder, the volunteer contract;
d. volunteer contracts are gratuitous contracts, conclude d by and between a natural entity,
hereinafter named volunteers, and a legal entity, named host organisation, based on which the
former undertakes to the latter to perform certain activities for the benefit of the public without
any financial consideration;
e. the beneficiary of the volunteer activities is the natural or legal entiry for the benefit of which
such activities are performed. The host organisa tion may be the same person as the beneficiary
of the volunteer activities or a different person;
f. the supervisor is the person assuming coordi nation and supervision og the volunteers furing
volunteer activities;

Art. 3: The principles at the basis of the present law are the following:
a. the participation of the volunteer ba sed on her/his freely expressed consent;
b. the active involvement of the volunteer into the community life;
c. the performance of volunteer activities without any financial cons ideration in return;
d. the recruitment of volunteers based on equa l opportunity, without any discrimination.

Art. 4: Self sufficient and sporadic volunteer activities, except for those performed within the
framework of the relationships with the legal entities, mentioned herein above, under Art. 1,
attributed to family, friendshi p or neighbourhood relationships shall not constitute the subject
matter hereof.

Art. 4’: Local authorities shall provide support in carrying out volunteer assignments, giving
priority to the activitie s for the benefit of the youth belongi ng to underprivileged categories or
areas.

Art. 5:
1. The conclusion of volunteer contracts in view of avoiding the conclusion of an
individual labor, or as app licable, piece-work or other onerous contract is herby
forbidden;
2. any contract concluded in infringement of the present law by the legal entities
mentioned herein above, under art. 1, for th e purpose of avoiding the conclusion of a
labor, piece-work or other onorous contract, shall be legally null and void;
3. participation in volunteer activities shall not be substitute for military service or other,
alternative, service substituti ng military service, and cannot represent the equivalent of
a remunerated job;
4. foreign volunteers shall be granted residence permit for the entire duration of their
volunteer activities.
Art. 5’

1. For the purpose of the community acti on program “Youth”, a young volunteer is a
person between 18 and 25 years of age, w ho concludes a volunteer contract for a
limited period of time, for the purpose of developing skills and personal and
intercultural experience, while contributing to the benefit of the community.
2. The young volunteer shall participate in a non-profit and non-remunerated activity
performed in a EU member state, other than the state of his /her residence or domicile,
or in a third country, for a period of up to 12 months, within a project acknowledged by
the respective state and the European Community.
3. Volunteer terms for youth within the community shall be classified, according to their
length, into long-term voluntee r terms, extending over a period of time between 3
months and one year, and short term volunt eer terms, extending over period of time
between 3 weeks and three months.
4. For performing volunteer activi ties within the community action program “Youth” the
host organization shall provide the young vol unteer with local transportation fees,
accommodation and full board meals. Intern ational transportation and a non taxable
daily allowance shall be covered from f unds provided by the European Commission,
during the entire volunteer term.
5. At the end of the volunteer term, within the community action program ‘Youth’, the
European Commission shall issu e a certificate in the name of the respective volunteer,
acknowledging the performance of a volunteer as well as the skills and the experience
thus acquired.

CHAPTER II. VOLUNTEER ACTIVITIES CONTRACT

Art. 6
1. Volunteer activities shall be performed, under the pains of abso lute nullity, under a
written contract concluded between the volunteer and the host organization, based on
the free agreement of the parties and subject to the provisions hereof.

2. The volunteers activities contract shall be concluded in tw o counterparts; thereof one
shall be kept in the record of the legal entity

Art. 7 At least the following ri ghts of the volunteers shall be expr essly stipulated in the volunteer
activities contract:
a) the volunteers’ active participation in the el aboration and performance of the program in
consideration of which the volunteer activities contract was concluded;
b) the volunteers activities shall be in accord ance with their professional training;
c) the host organization shall organize the activ ities to be supervised by a coordinator,
subject to the legal condition regarding labor safety in accordance with the nature and
characteristics of the respective activity;
d) the conclusion and maintenance, by the hos t organization and subject to the legal
provisions, of casualty, health and other risks insurance. In relation to the “Youth”
programs the costs shall be incurred by the European Commission, who shall conclude
a contract with an insurance company;
e) the host organization shall issue a certificat e in the name of the respective volunteer
attesting to the performance of the volunt ary activities the skills and the experience
acquired; the rules regarding the issuance of the above mentioned certificate shall be
issued jointly by the Ministry of labor and social Solidarity and the Ministry of Youth
and Sports.
f) The host organization shall reimburse according to the contract and subject to the legal
provisions the costs incurred in relation to the performance of the activities;
g) The working hours determined subject to the law shall not adversely affect the health
and mental and physical ability of the volunteer;
h) The volunteers right to benefit of honorary titles, medals, bonuses, subject to the
conditions stipulated by the law.

Art. 8 The volunteer activities c ontract shall stipulate at least the following obligations of the
volunteer:
a. To perform the tasks entrus ted by the host organization;
b. To keep confidentiality regarding the info rmation to which the volunteer has access due
to or during the performance of the volunteer activities.
c. To participate in the lectures organized, in itiated or proposed by the host organisation;
d. To protect the goods the volunteer uses during the performance of the volunteer
activities.

Art. 9 During the performance of the volunteer pr ogram, the volunteer shall be subordinated to the
management of the legal entity th at concluded the volunteer contract.

Art. 10 Performance of the volunteers contractual obligation shall not be assignable to an agent.

Art. 11 Liability for non-performance or inadequate performance of the volunteer c ontract is subject to
the provisions of the Civil Code.

Art. 12 Provided that during the performance of th e volunteer activities contract unexpected events
impede the performance of the vol unteers activities, the contract shall be negotiated and should the
situation render the performance of the contract impossible such contract shall be considered
terminated in law.

Art. 13 Renegotiation of the volunteer activities contract shall be made based upon one of the parties
written request submitted within 15 days as of the occurrence of the event mentioned under articles 12.

Art. 14 Unilateral termination of the volunteer activities contract shall be made upon initiative of the
volunteer or the host organization ba sed upon a 15 days prior notice without any obligation in respect
of an explanatory statement.

Articles 15

Any disputes arising out of the conclusion, amendm ent performance or termination of the volunteer
activities contract and which the parties cannot se ttle amicably shall be for the competence of the
courts to resolve. Any legal action related to th e volunteer activities contract shall be exempt of
judicial charge.

CHAPTER III FINAL PROVISIONS

Art. 16 The activities of the vol unteer fire brigades included into the firefighters services and
constituted according to the Government Ordina nce 60/1997regarding fire fighting as approved and
amended by law 212/1997 as further amended sha ll not be subject to the provisions hereof.

Art. 17 Provided that acts related to the performa nce of the volunteer activities contract are considered
to be tortuous under crim inal law volunteers shall be assimila ted to the persons mentioned under
Art17(2)of the Penal Code.

Art. 18 The present law shall come into full force a nd effective within 60 days as of its publication in
Monitorul Official al Romaniei part. 1

Adopted on march 19, 2001 added and amended unde r Ordinance 58 of august 22, 2002 and law 629
of November 19, 2002)