The Law On Volunteer Service And On Amendments To Certain Laws

Original Language Title: zákon o dobrovolnické službě a o změně některých zákonů

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53459&nr=198~2F2002~20Sb.&ft=txt

198/2002 Sb.



LAW



of 24 July 2003. April 2002



about volunteer service and on amendments to certain laws



(law on volunteer service)



Change: 436/2004 Sb.



Change: 495/2005 Sb.



Change: 420/2011 Sb.



Change: 340/2013 Coll. 344/Sb.



Change: 64/2014 Sb.



Change: 86/2014 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



VOLUNTARY SERVICE



§ 1



The subject of the edit



(1) this Act regulates the conditions under which the State supports

volunteer service organized under this Act and performed by

volunteers without remuneration.



(2) this Act does not apply to



and) the activities of modified by specific legislation, even though these activities

meet the characters of the volunteer services established by this Act,



(b)) the activities of which do not meet the characters of voluntary service under this

by law, even if they are carried out by volunteers.



Definition of terms



§ 2



(1) Voluntary Service is an activity in which a volunteer provides



and assistance to the unemployed, persons) of the socially weak, the disabled,

seniors, members of national minorities, immigrants, persons after

imprisonment, drug addicts, persons suffering from

domestic violence, as well as assistance in the care of children, youth and families in

their free time,



(b) natural,) help in ecological or humanitarian disasters,

in protecting and improving the environment, in the care of the conservation

cultural heritage, in organizing cultural or collection

charity events for the persons referred to in point (a)), or



(c) assistance in the implementation of the) development programmes and in the framework of operations

the projects and programmes of international organizations and institutions, including the

international non-governmental organizations.



(2) For volunteer service referred to in paragraph 1 shall not be

activities relating to the satisfaction of individual interests, or if it is performed

in the framework of the business or other gainful employment or in

employment relationship, the prison service or the Member relationship.



(3) voluntary service is short-term in nature, or if it is

carried on for a period longer than 3 months, long-term.



§ 3



(1) a volunteer may be a natural person



and 15 years of age), with respect to the performance of voluntary service in the territory of the United

Republic,



(b)) 18 years or older, if the performance of voluntary service abroad

that is based on their characteristics, knowledge and skills freely

Decides to provide volunteer service.



(2) a volunteer shall perform volunteer service on the basis of the Treaty

concluded with the sending organisations; in the case of long-term volunteering

services, or in the case of short-term voluntary service, for whose performance

is a volunteer aired abroad, this agreement must be in writing.



(3) If a natural person in the employment relationship, the prison service,

Member or if the pupil or student, executed as a

volunteer volunteer service outside of your employment relationship,

the service, the Member ratio, school education or study.



(4) the performance of military service is an obstacle to the exercise of voluntary

the service.



(5) a member of the social co-operatives engage in volunteer service for

the need for social cooperatives, of which he is a member of.



§ 4



(1) a broadcasting organization under this Act is the public benefit

legal person established in the Czech Republic, which volunteers collected,

records, preparing for the exercise of voluntary service and concluded with them

the Treaty on the execution of voluntary service, provided that it has granted

Accreditation (section 6).



(2) the beneficiary organization under this Act is a natural person or

charitable legal entity for which the need is a volunteer

the service performed, eligible contract with broadcasting organizations and

able to meet the commitments of this contract.



(3) broadcasting organizations may, in addition to the contracts concluded with the beneficiary

organizations to conclude treaties with volunteers about the performance of volunteer

services in its favour. Requirement is that the volunteer carries out

volunteer service outside of its obligations arising from its Member

proportion to the broadcasting organization, and it has no other legal relationship.

In these cases, for the relationship between the volunteer and the Organization, in whose

benefit of volunteer volunteer service exercises, shall apply mutatis mutandis

the provisions on the rights and obligations of the sending and receiving organisations

and the provisions on the rights and responsibilities of the volunteer.



(4) the broadcasting organization shall demonstrate its usefulness to the public by a written

the Declaration that it meets the conditions set out in paragraph 146 of the civil code.



Of the Treaty



§ 5



(1) for the performance of short-term voluntary service, unless the

volunteer service, which is broadcast to the volunteer

abroad, must be between the volunteer and the sending organisation agreed

at least the place, subject matter and period of performance of voluntary service, and according to the

the nature of volunteer services to provide equipment and

protective equipment to the volunteer or the submission

extract from the criminal register not older than 3 months and confirmation

the State of health of the volunteer not older than 3 months [paragraph 2

(a). (b) point 3)].



(2) the contract between the volunteer and the sending organisation about the performance

long-term voluntary service or short-term volunteer service, to

whose exercise is a volunteer aired abroad, must always include



and) name, last name, social security number or, if allocated, the date

of birth, place of residence of the volunteer and the name and address of the sending

the Organization,



b) arrangements



1. on participation in pre-accession preparation of organised by the broadcasting organization;

part of pre-accession preparations must be based on the nature of the volunteer

service and volunteer information about the potential risks associated with

the exercise of voluntary service, which could endanger life or health

the volunteer,



2. According to the nature of voluntary service on presentation of an extract from the register

Criminal records no older than 3 months, and to submit a written

a statement that at the time of the negotiation of the agreement is not against a volunteer guided

criminal proceedings,



3. According to the nature of voluntary service to submit a confirmation of

health volunteer, not older than 3 months, in which

registering your doctor based on health assessment of the volunteer

define activities that, with regard to their health status is not

volunteer able to perform,



4. According to the nature of voluntary service to submit a confirmation of getting acquainted

volunteer with the prevention of infectious diseases, including prevention of antimalarické

(prophylaxis), if required by the conditions of the territory in which the volunteer

Act,



as conditions for participation in volunteer service,



(c)) instead, the subject and the period of voluntary service in the context of a particular

programme or project voluntary service,



d) way of eating and accommodation of the volunteer,



(e) volunteer return) a proportion of the expenditure incurred by the

a broadcasting organization, if prematurely terminates the volunteer

services from other than lodging reasons



f) according to the nature of the service agreement refunds the expenditure

United with the necessary preparation for the participation of the volunteer in a

programme or project voluntary service, of reimbursement of costs

related to the route to the place of action abroad and back, about kapesném to

cover routine expenditure on the site of action, for the provision of work

the resources and personal protective equipment,



g) according to the nature of voluntary service a range of working time, the time of

rest, conditions for the granting of leave and the reasons under which the performance of the

voluntary service prematurely.



(3) the contract between the volunteer and the sending organisation about the performance

long-term voluntary service may also contain arrangements that

volunteer before sending to the exercise of voluntary service shall submit an application form

to participate in the pension insurance, if it satisfies the conditions laid down in the specific

legislation, ^ 2) and the obligation of broadcasters to pay for him

insurance pension insurance set out at least the minimum

the assessment base, ^ 3) is a long-term voluntary service

exercised at least go beyond an average of 20 hours in

calendar week.



(4) Volunteer for the performance of the voluntary service does not belong to the reward.



(5) the broadcasting organization shall issue on request a certificate to the volunteer

on top of long-term volunteer service, a specimen of which is set out in

the annex to this Act.



(6) when the extent of working time, rest periods, the conditions for

the granting of holiday, spending money and to ensure the safety and protection of the

health at work, labour law provisions shall apply mutatis mutandis.



Sending organisation



§ 6



(1) a broadcasting organization grants the accreditation of the Ministry of Interior (hereinafter

' the Ministry '). The Ministry grants accreditation to the proposal

the Accreditation Commission, composed of 1 representative of Ministry of foreign

Affairs, Ministry of education, youth and sports, Ministry of

of the Interior, the Ministry of labour and Social Affairs, the Ministry of the

the environment, the Ministry of health, the Ministry of culture,


The Ministry of finance, the Government Council for non-governmental organizations;

the Accreditation Commission is an advisory body of the Ministry.



(2) the Ministry shall grant accreditation referred to in paragraph 1 of the broadcasting

the Organization, which is an Association of foundations, Foundation, Institute,

social cooperative, generally beneficial companies, church or

religious societies or legal person, church or religious

the company registered under the law governing the status of churches and

religious organisations ^ 4), it is impeachable and demonstrate that it is able to with

regard to the composition of their authorities, the qualification of the employees or members

specific projects or programmes of voluntary service and financial

ability to organize the preparation and implementation of voluntary service and

perform other duties arising from this Act. Accreditation is

granted for a period of 4 years.



(3) the broadcasting organization referred to in paragraph 2 shall not be considered

integrity, if it has been lawfully convicted for an intentional criminal act,

If it does not look as if he has not been convicted.



(4) the Ministry keeps a list of broadcasters, which has granted

accreditation. This list is a public list accessible electronically.

It includes a definition of the various types of volunteer services and

their focus, whose organizing and ensuring the sending

the organization performs.



(5) the broadcasting organization is obliged to inform the Ministry about the change

the grounds for granting accreditation, which occurred in the course of

the validity of accreditation within 1 month of the date of such a change

She learned.



§ 7



(1) the broadcasting organization shall be required to conclude before sending the volunteer

to perform voluntary service the insurance contract covering the liability for

damage to property or health, a volunteer in the performance

voluntary service causes himself or he will, in the performance of a volunteer

caused by service. A volunteer is liable only for damage caused by

intentionally.



(2) the broadcasting organization before sending the volunteer to the performance

volunteer services abroad shall be negotiated according to the nature of the volunteer

the service and the terms of the State in which the service is to be performed, volunteer

health insurance in this State volunteer.



(3) the broadcasting organization corresponds to volunteer for that, if the

volunteer service outside the village their permanent residence will be in accordance with

the nature of the voluntary service properly and in a healthy environment

accommodated and that volunteer service will, depending on the nature of the

exercise in terms of not endangering his life or health.



(4) the broadcasting organization may enter into a contract pursuant to § 5 with

the volunteer, who at the time in which the contract is to be concluded, has not reached the

18 years of age, only with written permission of the notarized, legal

the representative of or with the consent of his legal representative registered with the

the broadcasting organization to the Protocol; without this consent, the contract is

invalid.



(5) with a volunteer under the age of 18 years may not be such a performance

voluntary service, which would be disproportionate to the anatomical,

physiological and psychological particularities of his age or where he would be

exposed to an increased risk of injury or other damage to health;

volunteer at this age may not be posted for the performance of voluntary service

abroad.



(6) the broadcasting organization shall be required to in the selection of volunteers, with whom

enters into a contract, and in negotiating the terms of the exercise of voluntary service

apply equal treatment, except in the case where the nature of the

voluntary service does not allow.



§ 8



(1) a broadcasting organization shall conclude before sending the volunteer to the place

his written contract with the receiving organizations with

due to the nature of a particular programme or project volunteer services

other agreed with the receiving organization shall negotiate in particular conditions

the performance of voluntary service, the subject and the period of performance of the volunteer

services, the method of accommodation and catering of volunteers, their equipment

work resources and personal protective equipment,

authentication method during voluntary service for broadcasting organization

the purpose of monitoring compliance with the Treaty and the assessment of the work of volunteers.

Part of the contract between the sending and receiving organisations must be

also, the arrangements for the obligations of the receiving organisation to inform

the sending organization about the risks that may endanger the life or health

volunteer, arising in the course of carrying out voluntary service, and

to take without delay the measures that exclude these risks, and in the case of

unrecoverable limit risk.



(2) the broadcasting organization shall not enter into an agreement with the receiving

the Organization of such activities that would volunteer to exercise within

business hosting organisation, or on the performance of such volunteer

services, whose purpose would be to replace the activities carried out by the

the receiving organization of persons in the employment relationship, professional or

Member ratio, or provided for by the receiving organization other

persons within their business.



(3) the broadcasting organization shall be required to appropriately disclose

annual annual report on its activities by 30. June

the following calendar year.



§ 9



(1) if the Department finds that the broadcasting organization that has

granting accreditation, no longer meets the conditions laid down in this Act

for accreditation (§ 6 (2)) or through a notice from the

the Ministry continues to fail to comply with the obligations laid down by law,

accreditation of this Organization after discussion of the Accreditation Commission;

in doing so, shall take care that this was without prejudice to the fulfilment of the obligations arising from the

contracts entered into.



(2) termination of the sending organisation, with which it has concluded a volunteer

the contract pursuant to section 5, the rights and obligations of this agreement to the

its legal successor, and if it is not, to the State; the Ministry then without

undue delay contracted converts these rights and obligations to another

an appropriate broadcasting organization.



(3) the Ministry is entitled to on his own or another's initiative

check if the sending organisation fulfils the conditions laid down in this

by law.



§ 10



The use of volunteer services by the State and territorial authorities



State agencies, State departments, authorities and business folder

territorial self-governing units, the State contributory organization

contributory organization of territorial self-governing units and educational law

persons may make use of volunteer service for the purpose and under the conditions

set out in section 2; in this case, the position of the receiving

Organization under this Act. They can also, especially in organizing

volunteer services abroad, free of charge, to convey the conclusion

the contract between the broadcaster based in the Czech Republic and

the receiving organization.



§ 11



Subsidies



(1) the Ministry may provide the posting organizations grant to

the opacity of the



a) premiums paid on the basis of insurance contracts concluded by the sending

organizations referred to in § 7 para. 1,



(b)) part of the expenses related to the registration of volunteers, with their preparation

for performance of voluntary service and volunteer performance

services,



c) premiums on pensions paid according to § 5 para. 3 per

the volunteer, in the amount of insurance provided for a minimum

the assessment base, ^ 3) If is a long-term voluntary service

exercised at least go beyond an average of 20 hours in

calendar week.



(2) the grant referred to in paragraph 1 is in the calendar year posting

organizations provided as a deposit, and after the end of the calendar year, it

the broadcasting organization shall be treated according to the expenditure actually carried out, the number of

actually sent volunteers to volunteer service and performance

actually paid premiums to the pension insurance in the amount according to the

paragraph 1 (b). (c)). The broadcasting organization shall notify the Ministry of the

based on his data needed for the calculation of the amount of the subsidy and the advance on the

her.



(3) the grant referred to in paragraph 1 shall be granted for the calendar year

If the broadcasting organization shall negotiate or receive payment or other

money ocenitelnou advantage from the receiving organization.



PART TWO



Amendment of the Act on public health insurance



§ 12



In § 7 para. 1 of Act No. 48/1997 Coll., on public health insurance, and

amending and supplementing certain related laws, as amended by Act No.

242/1997 Coll., Act No. 125/1998 Coll. and Act No. 155/2000 Coll., the dot

for the letter m) is replaced by a comma and the following letter n) are added:



"n) persons carrying out a long-term volunteer service on the basis of

the contract with the broadcasting organization which has been granted accreditation

The Ministry of the Interior, which go beyond the average of at least 20

hours per calendar week, if there is a volunteer insurance payer

under section 5, or it is not the premium payer State under the previous

the letters a through m)). ".



PART THREE



Amendment of the Act on pension insurance



section 13 of the



Act No. 155/1995 Coll., on pension insurance, as amended by Act No.

134/1997 Coll., Act No. 289/1997 Coll., Act No. 220/1999 Coll., Act No.


18/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll., Act No.

220/2000 Coll., Act No. 166/2001 Coll., Act No. 185/2001 Coll. and act

No 353/2001 is amended as follows:



1. In article 6 (1). 1 the dot for the letter c) be replaced by a comma and the following

the letter d), including footnotes # 6a):



"(d) the performance of long-term voluntary service) on the basis of a contract concluded

with a broadcasting organization under special legislation; ^ 6a) during the period

before the date of filing of the application it is possible in the insurance

the range of the two years immediately prior to that date.



6a) Act No. 198/2002 Coll., on volunteer service and amending certain

laws (the law on volunteer service). ".



2. In article 6 (1). 2, the first sentence is replaced by the following:



"The pension insurance are also other persons over 18 years of age, if the

submit an application form to participate in insurance. ".



3. In section 107, paragraph 4 shall be deleted.



PART FOUR



cancelled



§ 14



cancelled



PART FIVE



Amendment of the Act on income taxes



§ 15



Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993

Coll., Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993

Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994

Coll., Act No. 114/1994 Coll., Act No. 266/1994 Coll., Act No. 32/1995

Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995

Coll., Act No. 247/1995 Coll., Act No. 314/1996 Coll., Act No. 18/1997

Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 209/1997

Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 148/1998

Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999

Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 169/1999

Coll., Act No. 222/1999 Coll., Constitutional Court published under no.

3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.

72/2000 Coll., Act No. 100/2000 Coll., Act No. 101/2000 Coll., Act No.

121/2000 Coll., Act No. 132/2000 Coll., Act No. 242/2000 Coll., Act No.

340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.

120/2001 Coll., Act No. 239/2001 Coll., Act No. 452/2001 Coll., Act No.

483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll. and Act No.

210/2002 is amended as follows:



1. In section 4, paragraph 4. 1 the dot for the letter zi) is replaced by a comma and the following

the letter to Rev.) including footnote # 4 h) is added:



"Rev.) implementation provided in connection with the exercise of voluntary service

under special legislation. ^ 4 h)



4 h) Act No. 198/2002 Coll., on volunteer service and amending certain

laws (the law on volunteer service). ".



2. in section 19 para. 1 the dot for the letter zb) replaced with a comma and the following

the letter to zc), which read as follows:



"zc) revenue arising in connection with the exercise of voluntary service

provided under special legislation. ^ 4 h) ".



PART SIX



cancelled



section 16 of the



cancelled



PART SEVEN



The EFFECTIVENESS of the



§ 17



This Act shall take effect on 1 January 2000. January 1, 2003.



Klaus r.



Havel, v. r.



in the financial times in the r..



Annex



The model of long-term volunteer service performed



The name of the sending organization:

Registered office:

Identification number, if assigned:

represented by:



emits this

CERTIFICATE OF LONG-TERM DOBROVOLNICKÉSLUŽBĚ

pursuant to Act No. 198/2002 Coll., on volunteer service and on amendments to certain acts (the Act on voluntary service),

as amended



...................................................

the name or names, and surname, title



Born/a day..................................



Place of residence:



Subject carried out voluntary service:



The length of the voluntary service:



Place of volunteer services:



Name, registered office and IDENTIFICATION NUMBER the recipient organization, if it has been assigned:



V ................. dne .................



For the sending organization

signed:



2) § 6 para. 1 (b). (d)) of the Act No 155/1995 Coll., on pension insurance,

in the wording of later regulations.



3) § 3 (1). 3, section 5b and 16 of Act No. 589/1992 Coll., on

social security contributions to the State employment policy, in

as amended.



4) Act No. 3/2002 Coll., on freedom of religion and the status of

churches and religious societies and on amendments to certain acts (the Act on

churches and religious societies), as amended by the Constitutional Court

declared under the No 4/2003 Coll., Act No. 561/2004 Coll. and Act No.

495/2005 Sb.