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.
