Comparative study of the laws affecting Volunteering and Voluntarism

Prepared by Monika Kopcheva
August 2001

Content

I. Introductory remarks
II. Volunteer
Definition
Typology of Volunteers
Rights and Duties
Liability
International volunteering by n on-EU nationals/non-nationals
Insurance
Benefits
Taxation
III. Beneficiary of the volunteer labor
Definition
Typology of Beneficiaries
Rights and Duties
Liability
IV. Volunteer activities
Definition
Typology of volunteer activities
V. Volunteer-Beneficiary Relationship
Creation
Content
Termination
VI. Applicable Laws
Domestic
„ Employment and Labor laws (Child Labor Laws)
„ Tax Laws
„ Insurance Laws
„ Laws on volunteering (where available)
International
„ European Union
„ International Labor Organization
„ United Nations
„ Council of Europe
„ Others
VII. Role of State
Constitutional/Statutory regulations
Bilateral/Multilateral Agreements

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I. Introductory remarks
The following study has the purpose to present and assess in a comparative manner a selected
number of regulations and practices, governing Volu nteerism and Volunteering. Considering the
fact that at the present moment no internationally recognized legal standards for regulation of
volunteering and volunteerism exist, the attention will be concentrated upon some sample laws
and practices, which differ from country to country.

Brief history of Volunteering
The right to volunteer is regarded as an integral part of freedom of expression and freedom of
assembly and association. Accordi ng to the French and Latin roots of the word, volunteering may
be seen as a freely chosen activity, profoundly attractive in practice for the volunteer.
Although deeply rooted in the late XIX Century, modern volunteerism sprang up in 1920s,
when the Service Civil International was estab lished as a means of building friendships among
the young people of different European countries. In the post World War I environment and
during the severe economic crisis that followed in 1929, it served also as a means of giving
unemployed young people something socially useful to do, as well as a bed and food.
The role played by the volunteers had a treme ndous impact on the reconstruction of Europe,
and the establishment of cross-border friendships. To ensure that volunteers will not be used as
Cold War “soldiers”, the creation of a UN corp s of volunteers was advocated and 1970s was
initiated the UN Volunteers program. Volunteeri ng grew with the great support of UNESCO and
its Coordinating Committee for International Volu ntary Service (created in 1948). Emancipation
from colonial rule gave birth to national volun teer movements throughout Asia, Africa and Latin
America.

I.1.Volunteer-Definition
Issue: The establishment of a legal defini tion of volunteer is crucial for:
„ Recognition of volunteer legal status
„ Providing legal protection and benefits parallel to those ensured for employees
„ Differentiation from other forms of labor
„ Limit the illegal practices stemming from diverse understandings of volunteer labor
Discussion: The national perception of who qualifies as a volunteer varies widely due to the
different historically and culturally developed legal traditions. Most broadly a volunteer can be
2

regarded as an individual 1(only exceptionally below the age of 18) with full legal capacity, who
by free choice contributes his/her time for performance of a volunteer activity
2 with no
expectations of reward from the beneficiary organization
3. Though the existing diversity and
wide range of definitions
4, the following elements may be considered as basis of volunteer
definition
5:

A/ Limited expectation of financial or in-kind compensation
Volunteering cannot be regarded as a purely altr uistic (unpaid public benefiting) activity due
to the element of reciprocity it comprises. A volunteer is distinguishable from paid work by the
fact that he/she does not perform the voluntary activity primarily for financial gain, and any
compensation received should amount to less than the market value of the work provided to the
beneficiary organization.
Generally, the beneficiary should reimburse vol unteers for all legitimate expenses incurred
from the voluntary activity. In any given country compensation varies and may include: costs for
travel, meals, uniforms; training or supplies dir ectly linked with the activity performed; health,
liability, pension and other insurance, paid either by the beneficiary organization (in the case of
full-time volunteering) or by State (in the case of volunteering full-time student, minor,
unemployed);
Examples
1 Juridical persons are excluded from the scope of this notion 2 See Part II for definition 3 See Part III for definition 4 For example: Edmundo Werna defines it as an activity focusing at least partly on the ethical or ideological
motivations and satisfactions relating to offering individual and group service to soci ety, in ways that often require at
least a degree of sacrifice; Van Til (1998) defines volunteering, as a helping action of an individual that is valued by
him/her and does not aim directly at a material gain or is not mandated/coerced by others and is thereby different from
work, slavery or conscription.
5 See Smith J. Davis, Volunteering and Social Development: A Backgr ound Paper for Discussion at an Expert Group
Meeting, 2001 , available at
www.iyv2001/iyv_eng/policy/suppor ting_docs/soc_dev/soc_doc.htm

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Australia: Volunteer work is unpaid and does not substitute for paid work 6.
France: A volunteer is anyone who helps a non-governmental organizations or association
without receiving any form of financial support 7.
Spain: A volunteer may not receive compensation for his/her services, but must be reimbursed
for expenses (including training and equipment) undertaken during the volunteer service and must
be covered by accident and health insurance
8.
United Kingdom: Any worker, employed by a public benefit/not-for-profit organization, who
does not receive monetary payments other than reimbursement for actual costs incurred and any
in-kind benefits other than housing or subsistence is exempted from the minimum wage
9.

B/Free-will
The volunteer’s decision should not be the result of coercion or mandate, but rather a
reflection of individual motivation to perform voluntary activities, requiring a combination of
experience, skills, and knowledge (but not of fi nancial resources) at a specific time and at a
particular place. The volunteer should be free to define the scope, beginning, and termination of
these activities without negative repercussions. The pure “voluntariness” concept cannot be
observed in absolutely all interactions. In some , the volunteer’s self-motivation may be combined
with peer pressure or social obligations , which do not amount to force or mandate.
Examples
Australia: Volunteering is always a matter of choice 10.
Poland [Draft]: A volunteer is a person, who on a voluntary basis performs unpaid services
based on the rules put forward in the law 11.

C/Public Benefit Nature
The activities performed by the volunteer should pr ovide benefits to identifiable third parties
other than the volunteer him/herself or volunteer ’s immediate e.g. family or friends. This
approach differentiates between volunteering (object of regulation and protection) and leisure
activities (e.g. playing a football).
Example
Australia: Volunteering is a legitimate way in whic h citizens can participate in the activities
of their community addressing human environmental and social needs. Volunteering benefits
the community and the volunteer
12.
6 See Model code of practice for organizations involving volunteer staff, available at
www.volunteeringaustralia.org/code.html 7 See The Guide to Volunteering, available at www.jeunesse-sports.gouv.fr/ benevole/index.html 8 See Law on Volunteerism (Spa in, 1996) Article 3 and 6 9 See National Minimum Wage Act (UK, 1998) Chapter 39 available at www.legislation.hmso.gov.uk 10 See Model Code of Practice for Organizations involving volunteer staff, available at
www.volnteeringaustralia.org/code.html 11 See Draft Law on NGOs and Vol unteers (Poland), Article 7 12 See Model Code of Practice for Organizations involving volunteer staff, available at
www.volnteeringaustralia.org/code.html

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Convention on the Promotion of a transnational long-term voluntary service for young
people: A volunteer is a person legally residing in the territory of one member state and is
legally presented in the territory of another continuously (min 3, max 12 months) to perform
full-time voluntary service activity
13.

D/Organizational setting
Volunteers’ free contribution of time may have two main forms: formal (organized
participation in formal projects), which requires separate statutory regulation, and informal (one-
to-one, e.g. helping a neighbor), separate regulation of which is considered unnecessarily
burdening.
Example
France: Benefits and protection on the territory of Fr ance and French territories are given only to
volunteers working for registered non-for-profit or governmental beneficiaries, but elsewhere
they receive the same treatment regardless the type of beneficiary
14.
Poland [Draft]: The Volunteer Law applies in cases of registered non-governmental organization
or non-commercial administrative unit/sub-unit of the Government beneficiary of volunteer labor.
The commercial or other entity beneficiaries of volunteer labor fall under the regulation of
employment and labor laws, while the individu al persons-beneficiaries are not separately
regulated
15.

E/Types of Activities
The altruistic nature of volunteerism requires volunteers to engage in activities benefiting the
public in whole or in part, but neither in for-pro fit or in commercial projects, nor to occupy
normally paid or compensated positions.
Examples
A ustralia: Volunteers should neither be placed in positions previously held by paid staff, nor
asked to take up additional work during disputes or paid staff shortage, nor to perform a for-profit
activity
16.
The Netherlands: The volunteer’s activity should be a dditional to the general activity of
beneficiary, which means that the latter should no t encounter any serious problems in case in case
of volunteer decision to terminate the activity
17.

F/Level of Commitment
The level of volunteer’s involvement is an a dditional threshold for defining what type of
volunteering should be recognized under law and give n statutory protection. That leaves outside
13 See Convention on the Promotion of a Transnational Long- Term Voluntary Service for young People (Council of
Europe, 2000) Article 9, a vailable at
www.cm.coe.int/2000/705/a4.htm 14 See Draft Law on the Institutionalization of Ci vilian Voluntary Service (France), No.458 15 See Draft Law on NGOs and Volunteers (Poland), versio n 8 of the Forum for Nongovernmental Initiatives, 2001 16 See Model Code of Practice for Organizations involving volunteer staff, available at
www.volnteeringaustralia.org/code.html17 See Euro-Volunteer Information Pool, Legal Regulati ons related to Volunteering (2001), available at www.euro-
volunteer.org/ISSUES/issue2_e.htm

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the legal framework all occasional and sporadic acts, which though voluntary by nature do not
require separate regulation.
Example
Portugal: Volunteer services should be substan tial and performed on a regular basis 18

I.3. Rights and Duties of Volunteer
Issue: Volunteers possess rights and duties towards the beneficiary that are correlatively related
to the nature of activity performed.
Suggested list of rights must include, at minimum, the following : right to healthy and safe working
conditions, non-discriminatory treatment, generally equal to paid-staff, adequate coverage for
liability, social and health insurance, other benefits according to the law and written agreement,
training, respect of these rights by beneficiary, and other similar like protections.

Examples:
Australia: Volunteer has the rights to: work in a hea lthy and safe environment, employed with
due respect to anti-discrimination and equal opport unity laws, adequately insured for risks, given
adequate information for the beneficiary, re imbursed for the out of pocket money expenses
incurred on the behalf of the beneficiary, ha ve a job description and agreed working hours,
provided with orientation and traini ng, required for the activity performed
19.
Convention on the Promotion of a transnational long-term voluntary servi
ce for young
people: A full time inter-member states exchange young volunteer must be provided with board,
lodging and sufficient amount of pocket money, must be given adequate opportunities for
development and at least one free day per week
20.
The European Commission: Youth Program: The volunteers give their time and efforts for a
project benefiting the community in exchange of an opportunity to practice their skills, gain
cultural and social capital. They are responsible for the practical tasks assigned to them and have
a general obligation to contribute to the beneficiary and community
21.
The Netherlands: The beneficiary reimburses expenses like phone calls, stamps, copies and
public transport expenses that are linked to the volunteer work 22.

Suggested list of duties must include, at minimum, the following : to perform his/her duty with the
due care, to act reasonably and within the scope of authority given by the beneficiary, to avoid
self-dealing and conflict on interests, to obey law, to respect beneficiary’s right to confidentiality,
not to discriminate and not to assault, and other.
18 Law 71 (Portugal), 1998 19 See Model Code of Practice for Organizations involving volunteer staff, available at
www.volnteeringaustralia.org/code.html20 See Convention on the Promotion of a Transnational Long-Term Voluntary Service for young People (Council of
Europe, 2000) Article 9, a vailable at
www.cm.coe.int/2000/705/a4.htm 21 See https://europa.eu.int/comm/educat ion/youth/program/action2.htm 22See Euro-Volunteer Information Pool, Legal Regulations related to Volunteering (2001), available at www.euro-
volunteer.org/ISSUES/issue2_e.htm

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Example
Poland [Draft]: The volunteer should respect all the duties envisaged in the written agreement 23.
Portugal: The volunteer must respect the bylaws and ru les of the beneficiary, inform when
terminating services and act on the behalf of beneficiary only upon proper authorization 24.

I.4. Liability
Issue: Law has to define clearly volunteers’ liability for failure to perform duty or for cost of
accidents, loss or injures (including the cases arisi ng out of willful or intentional acts outside the
scope of volunteer authority according to volunt eer-beneficiary agreement) and to bar claims for
negligent acts within the sc ope of volunteer’s authority.
Example
USA: Negligence claims against volunteers who acted within the scope of their responsibilities in
a non-profit organization or government agency, properly licensed, certified or insured according
to law are barred
25.

I.5. International volunteering (by non-EU nationals/non-nationals)
Issue: A special treatment, observing the right of free movement, should be provide
d to
volunteers without citizenship or non-EU nationals in the case of volunteering within EU while
performing voluntary activities abroad.
Discussion: Establishment of a more favorable regime for obtaining a visa when necessary or
establishment of “volunteer visa” granted to volunteers upon beneficiary’s request and guarantees
according to the immigration laws and international agreements .
Example
Canada: Non-citizens may perform volunteer activities without a working visa 26
Convention on the Promotion of a transnational long-term voluntary servi
ce for young
people: State-Members should reduce the administrativ e barriers restricting volunteers’ mobility
and shall grant a residence permit to volunteer who presents an ID and valid contract for
performance of voluntary services
27.
France: The Government will provide Volunteers pe rforming activities abroad social assistance
upon return 28.
USA: Volunteers participating in the US Government approved international voluntary service
program are considered employees of the Federal Government 29.

23 See Draft Law on NGOs and Volunt eers (Poland), version 8, FIP 24 See Law No 71 (Portugal), 1998 25 See The Volunteer Protection Act, 42 USC (1997) 26See Volunteers and the law: A guide for volunt eers, organizations and boards, available at
www.publiclegaled.be.ca/volunteers/volthree.htm 27 See Convention on the Promotion of a Transnational Long- Term Voluntary Service for young People (Council of
Europe, 2000) Article 9, a vailable at
www.cm.coe.int/2000/705/a4.htm 28 See Decree No 95/94 (France) 29 See Peace Corps Act, 22 USC (2001)

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I.6. Insurance
Issue: Insurance law should maintain a policy that encourages volunteering.
Discussion: Generally most of the countries laws provi de for health, accidents and civil liability
insurance. However some of them have more or less favorable policy towards volunteers.
Examples
Convention on the Promotion of a transnational long-term voluntary servi
ce for young
people: A full time inter-member states exchange young volunteer must be insured for health,
accident and civic liability
30.
Germany: Pension insurance is available in a voluntary form, paid either by volunteer or
beneficiary (the latter is seldom used) 31.
Luxemburg: Compulsory insurance against accidents applies to any kind of voluntary activity in
the social and assimilated sectors 32.
The Netherlands: The beneficiary should insure its volunteers for physical and material
damages occurred during the volunteer work. In case of volunteer causing damages to third party,
the latter can claim compensation collectively to the beneficiary (if a commercial entity all board
members are personally responsible; if non-profit, boa rd members can be held responsible only if
they have been acting illegally or beyond th eir abilities or mission) and personally to the
volunteer
33.
France: The beneficiary must provide insurance to volunteers for economic hardship caused by
injuries occurred during the performance of volunteer activities 34.

I.7. Benefits
Issue : Volunteering brings benefits, at least in some countries.
Discussion : Benefits to (1) volunteers – by providing th em the essentials of life e.g. food, health
care, social security, unemployment benefits , maternity/paternity, education and valuable
practice, by enabling them to learn new skills, to gain confidence, self-development, others;(2)
Government – by essential economic contributions that add to the overall economic output of the
country and at the same time reduces the burden on governmental spending; (3) society – by
helping establishment of a strong and cohesive community, increasing the trust and solidarity
between citizens
35.
Example
30 See Convention on the Promotion of a Transnational Long- Term Voluntary Service for young People (Council of
Europe, 2000) Article 11, a vailable at www.cm.coe.int/2000/705/a4.htm
31 See Euro-Volunteer Information Pool, Legal Regulati ons related to Volunteering (2001), available at www.euro-
volunteer.org/ISSUES/issue2_e.htm32 See Grand Duchy Decree/ Code des assurances socials (Luxemburg, 1991), Article 90.3.9 and 10 33 See Euro-Volunteer Information Pool, Legal Regulati ons related to Volunteering (2001), available at www.euro-
volunteer.org/ISSUES/issue2_e.htm34 See The Guide to Volunteering, available at www.jeunesse-sports.gouv.fr/benevole/index.html 35 See UNDP Poverty Report (1998) concludes that anti-pove rty programs should rely primarily on the “social
mobilization”.
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France: All types of volunteers are included in the social security scheme for up to four years
and are provided with training, social insurance, maternity/paternity benefits, stipend and
reimbursement of the expenses
36.
Germany: Volunteers do not have right to unemploymen t benefits in case of termination of work
if the activity performed was not subject to social security contributions 37.

I.8. Taxation
Issue: Tax laws should treat Volunteers’ stipends, in -kind compensations and other benefits in a
favorable manner.
Example
Hungary: In-kind altruistic services are tax-exempt 38.
Germany: Only expense allowance and reimbursements of travel costs are tax-free. The tax
exemptions available for charitable organization do not apply for volunteers 39.
The Netherlands: If the beneficiary is unable to reimburse to the volunteer the expenses linked
with the volunteer activity, the latter may claim tax deduction of the payable amount before the
tax authorities if two conditions are met: gene ral benefit to the system beneficiary and
chargeability of expenses. If the amount exceeds Df l 40 per week, both volunteer and beneficiary
must show evidence to the fiscal administration
40.
France: Travel costs reimbursements are taxed only in absence of supporting documentation 41.
Under the Draft Law on the Institutionalization of Civilian Voluntary Service, No 458 volunteer
stipends will be tax exempt.
USA: Payment to volunteers must be treated similarly to employee payments. Consequently,
absent an exception in federal/state tax laws, taxe s must be withheld. Living allowances, stipends,
post-service benefits and in-kind bene fits are usually treated as wages
42. Reimbursement of “out
of profit” expenses is not taxable is such expen ses are directly related to the voluntary services.

II.1.Beneficiary of the volunteer labor –Definition
Issue: The effective regulation of volunteering requires only legitimate and in accordance to law
limitation of volunteers’ freedom to choose the entity (no unified practice, different words are
used for identifying it, e.g. volunteer organizati on, volunteer-employer, beneficiary) that will
benefit from their labor. In this regard formal volunteering that is predominantly granted legal
status is generally restricted to beneficiaries with altruistic or similar purposes.
Example
36 See Decree No 95/94 (France) 37 See Euro-Volunteer Information Pool, Legal Regulati ons related to Volunteering (2001), available at www.euro-
volunteer.org/ISSUES/issue2_e.htm38 See Law on the Personal Income Tax of Private Persons (Hungary), 1992 39 See Euro-Volunteer Information Pool, Legal Regulati ons related to Volunteering (2001), available at www.euro-
volunteer.org/ISSUES/issue2_e.htm40 See Euro-Volunteer Information Pool, Legal Regulati ons related to Volunteering (2001), available at www.euro-
volunteer.org/ISSUES/issue2_e.htm41 See The Guide to Volunteering, available at www.jeunesse-sports.gouv.fr/ benevole/index.html 42 See Internal Revenue Code that stipulates that all income from whatever source derived is subject to tax unless
specifically excluded, for more info see www.ed.gov/americareads/resourcek it/ManageVollunteers/taxation.ht

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Canada: Beneficiary (volunteer organization) is an organization that occasionally or frequently
relies on volunteers to offer services to community 43.

II.2.Beneficiary of volunteer labor –Typology
Issue: Law must enumerate the types of entities that can benefit from voluntar
y labor.
Discussion: Robinson and White (1997) divide beneficiaries of voluntary labor into two big
groups depending on the fact whether they serve a public service function or not
44:
A/Expressive -organizations that act to express or satisfy the interests of their members, e.g.
recreation and sport associations, social clubs, scientific societies.
B/Social influence-organizations that act to achieve a condition or change in the society, e.g.
pressure groups, public services organizations.
Other classifications also possible: governmenta l/nongovernmental, registered/not registered
Examples
Convention on the Promotion of a transnational long-term voluntary servi
ce for young
people: Beneficiaries (sending or receiving or ganizations) are non-profit making and non-
governmental organizations undertaking voluntary service for the benefit of the society, youth
organizations, local public authorities or anothe r organizations wishing to develop specific
voluntary projects, approved by a coordina ting body, appointed by the Member-State
45.
France: The managerial functions as President, Treasurer must be assumed by volunteers 46
Poland [Draft]: Volunteer may perform services for NGOs (within the scope of their activity),
public administration bodies (except services with in the scope of body’s economic activities), and
sub-units of public administration (except ser vices within the scope of sub-unit’s economic
activities
47.

II.3.Beneficiary of volunteer labor -Rights and Duties
Issue: Beneficiaries of volunteer labor possess cert ain rights and obligation towards volunteer.

Suggested list of rights must include, at minimum the following : right to confidentiality, to benefit
from volunteer’s labor, to be respected, to supervise the volunteer activity etc.

Suggested list of duties must include, at minimum the following : to respect and obey law in
general, to ensure the rights of the volunteer, to supervise volunteer’s work, to maintain non-
discrimination and equal treatment policy, to pr ovide the necessary training for performing the
43 See, Volunteers and the law: A guide for volunteers, organizations and boards (Canada) 2001, available at
www.publiclegaled.be.ca/volunteers/volthree.htm 44 See Roy K., Ziemek S., On the economics of Volunteering: A research study directed by ZEF as a joint initiative
with the UN Volunteer Program
45 See Convention on the Promotion of a Transnational Long- Term Voluntary Service for young People (Council of
Europe, 2000) Article 9, a vailable at
www.cm.coe.int/2000/705/a4.htm 46 See 1901 Law related to the association contract 47 See Draft Law on NGOs and Volunteers, version 8, by Forum for Nongovernmental Initiatives (Poland), 2001

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activity, to cover volunteer for risks, to reimburse the costs incurred in connection with the
volunteer activity, to provide insurance a nd benefits, required by law and other.
Examples
Australia: The beneficiary has to: employ volunteers with respect to anti-discrimination and
equal opportunity legislation a nd acknowledge their rights; provide volunteers with orientation
and training, healthy and safety working conditi ons, appropriate insurance coverage, clearly
define roles and tasks, appropriate level of s upport and management; opportunity for professional
development; acknowledge volunteers contributi ons; reimburse volunteers for out of pocket
money expenses incurred on the behalf of the beneficiary
48.
The European Commission: Youth Program: The beneficiary is responsible for the: language
and tasks training, personal support, local transport, accommodation and food 49.
Luxembourg: The organizing authority must reimbur se volunteers the personal expenses linked
to the voluntary delivering meals, free of charge, without payment or compensation in kind 50.

II.4.Beneficiary of the volunteer labor –Liability
Issue : Beneficiaries should be held liable for injuries caused to third parties by volunteer acting
under their control and direction and within the scope of his/her responsibilities when the
accident occurred or if beneficiaries’ ac tions contributed to an accident.

Example
The Netherlands: In case of volunteer causing damages to third party, the latter can claim
compensation collectively to the beneficiary (if a commercial entity – all board members are
personally responsible; if non-profit board members can be held responsible only if they have
been acting illegally or beyond their abilities or mission) and personally to the volunteer
51.

III.1.Voluntary activities-Definition

Issue: Drafting a clear definition of voluntary activities will provide a better understanding in the
society and administrative organs when the exi sting regulation should be applied and will
prevent confusions and misuse of volunteers.
Discussion: Voluntary activities are expression of individuals’ willingness and capacity to freely
undertake actions to help others and improve th e overall condition of the society. They benefit
significantly both individuals and the community (through the respective beneficiary) and work
for the improvement of social trust and cohesion.
48 See Model Code of Practice for Organizations involving volunteer staff, available at
www.volnteeringaustralia.org/code.html49 See https://europa.eu.int/comm/educat ion/youth/program/action2.htm 50 See Governmental Decr ee (Luxembourg) 1994 51 See Euro-Volunteer Information Pool, Legal Regulati ons related to Volunteering (2001), available at www.euro-
volunteer.org/ISSUES/issue2_e.htm

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Examples
Convention on the Promotion of a transnational long-term voluntary servi
ce for young
people : A voluntary service means an activity voluntarily undertaken, without remuneration for
the volunteer, providing a mutual non-formal edu cation process for the volunteer and the people
with whom he/she collaborates
52.
The European Commission: Youth Program : European Voluntary Service means activities
that are non-profit making and unpaid, bring an adde d value to the community, do not involve job
substitution or job replacement, last for a definite period of time
53.
France: Voluntary activity must not be considered as a professional one (paid), even when some
professionals decide to practice their job as vol unteers, e.g. a doctor who helps poor people 54.
.

III.2.Voluntary Activities- Typology
Issue: The voluntary sector represents an immen se potential in providing welfare services.
Though existing variety of activities, carried out by volunteers, not all of them requiring
necessitate statutory regulation. Law should identify the activities that classify as such.
Discussion: On the basis of the purpose criterion 55 for voluntary activities four types of
volunteering can be identified, and they all may be managed (carried out through an organization)
or unmanaged (spontaneous or individually initiated):
A/Mutual aid or self-help volunteers
In some countries, e.g. Kenya, India, this is the dominant system of social and economic support.
This type category is rarely described as a volunteering by the practitioners.
B/ Service to the others
This type of volunteering is mostly carried out through non-profit and statutory organizations and
benefits the society in whole, e.g. teaching or mentoring others.
C/ Campaigning and advocating volunteers
The leading motive for carrying out this type of volunteering is primarily the desire for social
change and social justice, e.g. the environmental movement.
D/Participation and self-governance
Volunteers are involved in projects carried out by the Government itself, e.g. sanitation projects
or participation as a member of consultative bodies.
Example
Brazil: Voluntary activity must be limited to non -remunerated activities performed by a natural
person for any public entity or for a private, non-for-profit organization, the objectives of which
52 See Convention on the Promotion of a Transnational Long- Term Voluntary Service for young People (Council of
Europe, 2000) Article 9, a vailable at
www.cm.coe.int/2000/705/a4.htm 53 See https://europa.eu.int/comm/educat ion/youth/program/action2.htm 54 See The Guide to Volunteering, available at www.jeunesse-sports.gouv.fr/ benevole/index.html 55 See for more details Measuring Volunteering: A Practical Toolkit, available at
www.unv.org/activs/vol/IYVToolkit.pdf

12

are civic, cultural, educational, scientific, recreational or social assistance orientated 56.
France: Volunteering has two main forms: part-t ime (few hours per week, does not have legal
status) and full-time – voluntary work in developing counties and voluntary firemen (has legal
status)
57.
Portugal: Volunteer activities are those performed in community and social interest and guided
by the principles of promotion of a free and activ e citizenry, solidarity, cooperation, gratuity,
responsibility, and harmonization
58.

IV.1. Volunteer-Beneficiary Relationship-Creation
Issue: The volunteer-beneficiary relationship comes into being after arriving mutual agreement
on the volunteer activity and related issues (oral/wr itten). Specifications, provided in the law may
be an extremely useful starting point for both parties.
Example
Greece: The large voluntary organizations as Red Cro ss or French Doctors, which use volunteers
for mission abroad, usually sign an indivi dual contract between them and the volunteer 59.

IV.2. Volunteer-Beneficiary Relationship-Content
Issue : The written agreement should reflect the t erms agreed by the beneficiary and volunteer
and should include the following information: 1.Na me of the parties, 2.Volunteer’s activity- type,
scope and location, 3.Rights and duties of both parties, 4. Intended length of activity
performance, 5.Working hours, 6.Liability, and 7. Termination.
Example
Brazil: The agreement signed between volunteer and beneficiary must include: name ID number,
address, telephone number of volunteer and na me, registration number, address of the
beneficiary, description of the volunteer activity, signature of both parties and witness
60.
Spain: The written agreement must minimum include th e following: a statement of the altruistic
nature of the voluntary activity, list of rights and duties to both parties, description of the
volunteer activity, role and time commitment, description of the training designed to assist
volunteer in his/her activity, dur ation and causes for termination
61.

IV.3. Volunteer-Beneficiary Relationship-Termination
Issue : The volunteer-beneficiary agreement shoul d enumerate in an exhaustive manner the
grounds on which it can be terminated
Discussion : Such grounds can be mutual agreement of both parties; notice within a reasonable
time; previously fixed duration; others.

56 See Law on Voluntary Services No . 9608 (Brazil) 1998, Article 1 57 See The Guide to Volunteering, available at www.jeunesse-sports.gouv.fr/ benevole/index.html 58 See Law No 71 (Portugal) 1998 59 See Bilateral Agreements (Greece) 60 See Law on Voluntary Services No . 9608 (Brazil) 1998, Article 2 61 See Law on Volunteerism (Spain) 6/1996, Article 9

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V. Applicable Laws
Domestic
„ Employment and Labor laws
Austria Federal Law to amend the Federal Law on Community Services (1986) – makes
provisions regarding legal person willing to employ and individuals willing to be employed for
performing community services. Sums up the du ties of the employer towards the community
service performer and determines the financia l remuneration (available at ILO Library).
Canada Minimum Wages and Working Conditions Regulation – exempts from the provisions
of the Employment Standards Code persons who work unpaid as volunteers (ILO Library)
Netherlands Decree on the tasks of volunteer police officials/94
Decree on the legal position of volunteer police workers/95 – allows volunteer
workers, educated and trained for performing the required duties, to be employed as police
officers in exceptional cases, defines the legal status of volunteer police force, sets up the
minimum hours of hour.
Decree regarding empl oyment of foreigners/95 – asylum seekers and persons with
temporary resident permits are given the permission to work as unpaid volunteers.

UK National Minimum Wage Act (1998) –volunteers are excluded from the min wage
Civil Aid Service Regulation (1997), (ILO Library).
Civil Aid Service Ordina nce (1997) – creation of Civil Aid Service that will provide
services for the benefit of the community (ILO Library).
Poland Order of the Council of Ministers concerning voluntary work brigades (1992)
„ Tax Laws
Hungary Law on the Personal Income Tax of Privat e Persons (Act XC, Am. Act LXXV, 1992)
„ Insurance Laws
UK Police (Insurance of Voluntary Assistants) Act (1997), available at
www.legislations.hmso.gov.uk/acts/acts1997/1997045.htm
„ Laws on volunteering and volunteerism (where available)
Brazil Law on Voluntary Service No 9608 (1998)
France Draft Law on the Institutionalization of Voluntary Service No 458 (2001)
Decree 95/94 (1994)- does not address volunteers below the age of 1
8
Germany Law on the Promotion of a Volunteer Social Year (1964) applies only to volunteers
from17 to 27 years old, no legal status to volunteers below the age of 17.
Law on the Promotion of a Volunteer Environmental Year (1993)
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Italy Law on Volunteerism No 266 (1991)
Poland Draft Law on NGOs and Volunteers, version 8, Forum for Nongovernmental
Initiatives, volunteers below age of 18 can perform only fundraising activities
Portugal Law No 71 (1998)
Spain Law on Volunteerism No 6 (1996)
USA Domestic Volunteer Services Act, 42 USC (2001)- regulates volunteer programs
Volunteer Protection Act, 42 USC (1997)
National And Community Service Act (1990)
International Instruments affecting volunteering:
„ European Union
–Commission of the European Communities, Recommendation 85/308/EEC on social protection
for volunteer development workers , available at
https://europa.eu.int/smartapi/cgi/sga_doc?sm artapi!celexapi!prod!CELEXnumdoc&lg=EN&num
doc=31985H0308&model=guichett
–Conclusions of the Council and the Ministers for Youth meeting within the Council of 30
November 1994 on the promotion of voluntary service periods for young people
Official Journal C 348, 09/12/1994 p. 0002 – 0003, available at
https://europa.eu.int/smartapi/cgi/sga_doc?sm artapi!celexapi!prod!CELEXnumdoc&lg=EN&num
doc=41994Y1209(01)&model=guichett
–The European Commission: Youth Program: European Voluntary Service, available at
https://europa.eu.int/comm/education/youth/program/action2.htm
„ International Labor Organization
–No international agreement concer ning the volunteer labor available. The ILO Library
provides limited information on this issue in a country-by-country manner.
„ United Nations
–Commission for Social Development (E/CN.5/200 1/6): The role of volunteerism in the
promotion of social development
–UN General Assembly Resolution 55/57:International Year of Volunteers , available at
https://www.unv.org/activs/vol/A_RES_55_57_engl.pdf
–Convention on the Promotion of a Transnational Long-term Voluntary Service for Young
People (March, 2001) available at
https://www.cm.coe.int/dec/2000/705/a4.htm
— General Assembly Resolution 52/17 : International year of volunteers 2001

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— Recommendation 1496(2001): Improving the status and role of volunteers in society: a
contribution by the Parliamentary Assembly to the International Year of Volunteers 2001,
available at
https://stars/coe/fr/ta/TA01/EREC1496.htm
— Report of the Social, Health and Family Committee : Improving the status and role of volunteers
as a contribution by the Parliamentary Assembly to the International Year of Volunteers 2001,
available at
https://stars.coe.fr/doc/doc00/EDOC8917.htm
„ Others
— Universal Declaration on volunteering (International Association for Volunteer Efforts),
available at
https://www.iave.org/ud/cfm

Role of State
The effective functioning of volunteer sector re quires State participation and support through:
1. Establishment of appropriate infrastructure, either on national or local level. As the
experience shows of particular help are state-sponsored schemes for promoting
volunteering such as Nepal National Volunteer Development Scheme, US Corporation
for National Service and UK Active Community Initiative.
2. Drafting statutory regulation on volunteering. Recently many states deliberate upon the
need of national legislation of the subject regarding the increasing number of
volunteers and need of protection to these persons like the one given to employees.
3. Signing Bilateral/Multilateral Agreements, which will serve as basis for harmonization
of the existing practices, will facilitate th e volunteers flow and exchange among the
countries and will help establishment of universally recognized standards on
volunteering.

Example
Germany: Three-part relationship takes place when a volunteer is commissioned by a social
institution to carry out work for a person in need of support legally named “non gratuitous
contract for services or works. As the volunteer is socially ensured for this activity and the
expenses linked with it are reimbursed
62.
Greece: Pan Hellenic Federation of Voluntary Organiza tions and Directorate for Development of
Volunteering in the Ministry of Health and Welfare have been created 63.

62 See Law promoting the voluntary social year (Germany), 2001 63 See Law for Health and Welfare (Greece), 1998

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