TOWARDS REGULATING VOLUNTEERING IN MODERN SOCIETIES: Katerina Hadzi-Miceva

International Center for Not-for-Profit Law (ICNL), Budapest

Volunteering is an essential part of every contemporary society. By volunteering, citizens can significantly contribute to the social and economic development of communities and also expand the influence and capacity of civil society organizations. In the same time, through volunteer engagement volunteers have an opportunity to develop their own skills. 

In recent years, however, several obstacles to volunteering appeared in countries of Central and Eastern Europe (CEE).[1] As a result, the recent trend in most of these countries has moved beyond mere public recognition of volunteering - they have recognized the necessity for a legal environment that would encourage volunteering. In order to respond to the needs for developing an enabling legal framework for volunteering, ICNL convened a group of international legal experts to discuss legislative and best practice issues affecting volunteering. The group prepared a list of Recommendations and Conclusions on Legal Issues Affecting Volunteers, which are currently used as guidelines for creating the legal framework in several CEE countries (e.g. in Poland, Hungary, Croatia). 

The creation of an enabling legal environment for volunteering presupposes the undertaking of a comprehensive analysis of how the application (or misapplication) of these laws affects volunteering. In practice, volunteers are being affected by variety of laws (labor laws, obligation laws, tax laws) directly and inadvertently. Some laws impede volunteering, while others fail to support it. The analysis would help local groups identify the practical obstacles in the application of these laws to volunteering and create a meaningful strategy for regulating volunteering. 

Amendments to current legislation or adoption of a new law addressing volunteering, is the next step in the efforts to remove obstacles and encourage volunteering. The changes in the law should reflect the specifics of the society, and the interests of the public at large, volunteers, organizations, and the state should also be taken into account. The recommendations must be based on analyses of legal framework in the country.

While every country will decide on the appropriate way for regulating volunteering, the experts’ opinion outlined in the Recommendations and Conclusions provide reliable guidance for national legislators. For example, the experts’ advise to define volunteers as "individuals who provide services to or for the benefit of another person by free choice and without compensation." The two debated issues are the provision of services "by free choice" and "without compensation." It is generally accepted that  “free choice” means personal liberty to decide to volunteer and the extent to which one is willing to engage in such activity (without having been compelled or coerced e.g. by authorities or by law). Any fine or disadvantage for not performing a service would be a clear indicator that the service is not performed “by free choice” (e.g. alternative military service). Further, since volunteering is understood as a donation in time and effort, volunteer services should be performed without compensation. However, the reimbursements of reasonable expenses related to the provision of services (e.g. travel expenses, food) that are agreed upon in advance and the volunteer requests to be reimbursed should be permitted. Additionally, such a reimbursement of services should be tax exempt.[2] 

Organization and volunteers should be free to regulate the specifics of their relationship especially in cases of long-term volunteering (e.g. reimbursement, office hours, liability, insurance, certificates). In countries where there is no legal recognition of volunteering, some government officials may mistake the volunteer relationship for an employment and fine the organization for a misuse of labor. Recognition of a volunteer contract in law will help distinguish the volunteer relationship from labor relationships. However, the law should not detail the content of the contract but only lay out the basic principles (rights, obligations, termination). 

Few additional issues affect volunteers. Firstly, organizations should inform volunteers about their rights, obligations, and specifics of volunteering – prior to the volunteer engagement, so that volunteers can make informed decisions about the service they are going to provide. Secondly, the legal system should allow unemployed individuals to continue receiving unemployment benefits, while engaging in volunteer work. Thirdly, in cases of long-term volunteering, the state might consider recognizing the right to health and retirement benefits. Finally, organizations should satisfy the basic Labor Law standards regarding work safety and hygiene.

In conclusion, an enabling legal framework of volunteering (1) recognizes volunteering and distinguishes it from employment relationship; (2) ensures that citizens can participate freely in voluntary activities; (3) removes obstacles to volunteering (4) protects volunteers while performing volunteer activities, and (5) encourages volunteering and provides optional special benefits to volunteering.[3] 
 



--------------------------------------------------------------------------------

[1] For example, in Czech Republic the government wanted to tax the value added of volunteer time in the organizations. In Croatia, organizations have difficulties registering “providing volunteer services” among their statutory activities, as registration authorities claim that due to a lack of legal definition, it is not clear what this would mean.
[2] For example, taxation of reimbursement of travel expenses to volunteers is a problem in Macedonia as it discourages engagement of volunteers. See also: Ilieva Dusanka “Restrictive Tax Policy Towards NGOs”, Gragjanski Svet (Civic World), no.25, 2003 
[3] Visit www.icnl.org to learn more about its support to legal framework on volunteering.