General Provisions - Full Text Of The Norm

Original Language Title: VOLUNTARIADO SOCIAL DISPOSICIONES GENERALES - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
Law 25,855 Object. General provisions. Rights and obligations of volunteers. Terms of accession of the Common Basic Agreement. Measures to promote volunteerism. Transitional provisions. Sanctioned: December 4, 2003. Partially promulgated: January 7, 2004.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

PART I

General provisions

ARTICLE 1 The purpose of this Act is to promote social volunteerism, an instrument for the solidarity of citizens within the community, in non-profit activities and to regulate relations between social volunteers and organizations where they operate. ARTICLE 2 It shall be understood by organizations in which social volunteerism is exercised to persons of ideal, public or private, non-profit existence, regardless of their legal form, who participate directly or indirectly in programmes and/or projects that persecute the purposes or objectives of the common good and of the general interest, with development in the country or abroad, whether or not they have the support, subsidy or state sponsorship. ARTICLE 3 Social volunteers are the natural persons who develop, for their self-determination, in a free, altruistic way and in solidarity, tasks of general interest in such organizations, without receiving any remuneration, salary, or economic contracting.

This Act does not include isolated, sporadic, family-related, friendly or good-neighbourly voluntary proceedings and activities whose conduct does not arise from a free choice or originates from a legal obligation or legal duty.

ARTICLE 4 The provision of services by the volunteer may not replace paid work and is presumed to be outside the scope of employment and social insurance. It must be free of charge, without prejudice to the right to reimbursement provided for in article 6 (e) of this Act. ARTICLE 5° It is understood by activities of common good and of general interest to the caregivers of social, civic, educational, cultural, scientific, sports, health, development cooperation, environmental protection or any other of a similar nature. This statement is not taxative.

PART II

Rights and obligations of volunteers

Rights

ARTICLE 6 Volunteers will have the following rights:

(a) Receive information on the objectives and activities of the organization;

(b) Receiving training for the performance of their activities;

(c) To be registered on the occasion of the discharge and descent of the organization, as determined by the regulation;

(d) Have an identification that credits your volunteer status;

(e) Get reimbursements of expenses incurred in the performance of the activity, when the organization establishes it in a prior and express way. Such reimbursements shall in no case be regarded as remuneration;

(f) obtain certificates of activities and lessons learned; (g) To be insured against the risks of accidents and diseases arising directly from the exercise of voluntary activity, as determined by the regulation;

(h) That the activity provided as a volunteer should be considered as an antecedent to fill vacancies in the national State under article 11 of this Act. Obligations

ARTICLE 7 Social volunteers are obliged to:

(a) To exercise due diligence in the development of its activities by accepting the purposes and objectives of the organization;

(b) Respect the rights of beneficiaries of the programmes in which they operate;

(c) To ensure that the information received in the course of the activities carried out is duly confidential when the dissemination injures personal rights;

(d) To participate in the training of the organization in order to improve the quality of the activities;

(e) Refrain from receiving any kind of economic contracting by the beneficiaries of their activities;

(f) To properly use the accreditation and distinctiveness of the organization.

PART III

Terms of accession of the Common Basic Agreement of the Social Volunteer

ARTICLE 8 The terms of accession of the Common Basic Agreement of the Social Volunteer shall be established in writing prior to the commencement of activities between the organization and the volunteer and shall contain the following requirements:

(a) Identification data of the organization;

(b) Name, state, civil, identity card and domicile of the volunteer;

(c) The rights and duties of both parties;

(d) Activities to be carried out by the volunteer and time of dedication to which he commits himself;

(e) Dates of initiation and completion of activities and causes and forms of delinking by both parties duly notified;

(f) Signature of the volunteer and the responsible of the organization, giving its mutual conformity to the incorporation and to the principles and objectives that guide the activity;

(g) The agreement will be implemented in two copies of the same tenor and one effect, one of which will be granted to the volunteer.

ARTICLE 9 The organization will keep written record of the high and low volunteers. ARTICLE 10. When the nature of the activities to be carried out requires psychophysical review prior to incorporation, the express consent of the volunteer will be required. ARTICLE 11. The incorporation of minors as volunteers may only be carried out with the express consent of their legal representatives.

PART IV

Measures to promote volunteerism

ARTICLE 12. The Executive Branch, through the relevant agencies, will promote technical assistance and training programmes to volunteering and implement outreach and recognition campaigns for volunteering through the State media and in the educational field. ARTICLE 13. Volunteers will be able to enjoy the benefits that are established as a measure of promotion, recognition and social valuation of voluntary action. ARTICLE 14. The activity provided as a volunteer, duly accredited, shall constitute a mandatory assessment record, in the examinations to fill vacancies in the three branches of the State.

PART V

Transitional arrangements

ARTICLE 15. The Executive Branch shall regulate this law within 90 days of its promulgation. ARTICLE 16. Organizations that have volunteers at the time of entry into force of this law shall be within 180 days of their regulation. ARTICLE 17 Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FOUR DAYS OF THE YEAR TWO MIL TRES.

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EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan Estrada. NOTE: The bold texts were observed.