Mykhailo Shelep, Adviser on Decentralisation and Local Self-Government of the Regional Office of U-LEAD with Europe in the Rivne Oblast, coordinates the legal aspects of organising volunteer activities by local self-government in the Programme. At the event focused on these aspects, he answered the questions of the participants.
What does the volunteer contract provide?
This document is provided for by the Law of Ukraine “On Volunteering” and is executed between an organisation recruiting volunteers and an individual (volunteer) in writing. The contract protects the rights and interests of both the volunteers and the organisation contracting them, as well as sets out clear tasks and helps to see what exactly the volunteer will do. Furthermore, it allows the organisation/institution to reimburse certain costs to the volunteer tax-free.
Can local self-government bodies act as a party to a volunteer contract?
Yes, they can. After all, local self-government bodies have a non-profit status and are included in the Register of Non-Profit Institutions and Organisations. Therefore, they meet the legal requirements for organisations engaging volunteers. So, if local self-government bodies need to engage volunteers in certain volunteer activities, they can do it independently, including by contracting them.
Is it necessary to enter into a contract?
The contract is mandatory if volunteers are engaged in man-made or natural emergency response or in facilitating events of national and international importance related to the organisation of large-scale sports, cultural and other entertainment and public events. The above areas are defined in Resolution of the CMU No. 556 on Approval of the Procedure for Providing Volunteer Assistance in Certain Volunteer Activities.
The contract is not mandatory for any other volunteer activities (except for those specified in Resolution of the CMU No. 556).
When should a contract be executed?
The speaker at the event, Yuliia Naida, Volunteer Programmes Expert at U-LEAD and Head of the YurShtab NGO, highlights four considerations that will clarify whether to contract a volunteer:
“Firstly, whether the organisation has already had some experience of interacting with the volunteer and they have proven themselves. Secondly, you must be sure about the long-term cooperation. Thirdly, you have verified information about the volunteer in open sources (social media, state registers) or the volunteer provided good references. Fourthly, the volunteer is engaged in a risky type of assistance such as delivering humanitarian goods to the war zone, helping in the reconstruction of destroyed housing, social infrastructure facilities, etc.”
Components of the contract.
Yuliia Naida emphasises six elements:
- Description of volunteer activities (directions and areas).
- Duration of volunteer activities.
- Rights and obligations of the parties.
- Liability for damages.
- Conditions and procedure for reimbursement of expenses.
- Term and termination.
How to enter into a contract with a volunteer?
In Clause 1 (Description of Volunteer Activities), municipalities indicate the directions of the activities, namely one or more directions provided for in Part 3 of Article 1 of the Law of Ukraine “On Volunteering”. Clause 1 also indicates the area of activity, i.e. one or more areas listed in Part 2 of Article 3 of the Law of Ukraine “On Charitable Activities and Charitable Organisations”.
Clause 2 (Duration of Volunteer Activities) sets forth the start and end dates of volunteer assistance as well as the volunteer assistance schedule.
In Clause 3 (Rights and Obligations of the Parties), in addition to those provided by law, you can stipulate other rights and obligations consistent with the Law of Ukraine “On Volunteering”. For instance, these can include the right to participate in training, workshops, seminars and educational events. An example of contractual obligations can be to undergo safety training in case of performing tasks that pose a health risk.
Clause 4 (Liability for Damages) must provide for an indemnification mechanism that is not inconsistent with the effective laws, as well as have dispute resolution and force majeure provisions.
When drafting Clause 5 (Conditions and Procedure for Reimbursement of Expenses), the local self-government body should keep in mind that only those expenses provided for in Part 1 of Article 11 of the Law of Ukraine “On Volunteering” can be reimbursed under a tax-free contract, namely travel, food, accommodation, medical examination, per diem allowance.
Clause 6 (Term and Termination) should provide for the conditions of termination of the contract and the termination notice (manner, terms, etc.).
According to Mykhailo Shelep, the National Social Service of Ukraine has developed a template for contracts between a local self-government body and a volunteer, which can be found on the website of the state institution.
As he summarised, the volunteer contract is an important document that regulates the terms and conditions of cooperation between the local self-government and the volunteer and enables reimbursing the volunteer’s expenses. He also once again stressed that this contract is only mandatory in the cases stipulated by Resolution of the CMU of Ukraine No. 556 but otherwise optional.