Law No. 195 Of 20 April 2001, Volunteering

Original Language Title:  LEGE nr. 195 din 20 aprilie 2001 voluntariatului

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Law No. 195 of 20 April 2001 (republished) volunteering *) published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 276 of 25 April 2007 — — — — — — — — * Note) Republished pursuant to art. II of law No. 339/2006 modifying and completing the law on volunteer No. 195/2001, published in the Official Gazette of Romania, part I, no. 651 of 27 July 2006, posing a new texts.

Volunteer law nr. 195/2001 was published in the Official Gazette of Romania, part I, no. 206 of 24 April 2001 and amended by order No. 58/2002 modifying and completing Law No. volunteerism 195/2001, published in the Official Gazette of Romania, part I, no. 642 of 30 august 2002, as amended by law No. 629/2002, published in the Official Gazette of Romania, part I, no. 848 of 25 November 2002.

Chapter I General provisions Article 1 this law shall govern the participation of individuals from voluntary actions organized by legal persons governed by public law and private law, non-profit, in Romania.

Article 2 for the purposes of this law: a) volunteering is public activity carried out on its own initiative, of any person on behalf of others, without receiving a contraprestaţie material;

(b) public interest activity) is work done in areas such as social services, assistance and human rights protection, medical and sanitary, cultural, artistic, educational, scientific, educational, humanitarian, religious, philanthropic, sports, environmental protection, social and community levels, and the like;

c) host organisation is a legal person under public law or the legal person governed by private law, without patrimonial purpose, which administers a voluntary activity. In relation to the nature of the work, its complexity, the risks involved, the impact of product liability, respectively which it entails, the parties may conclude a contract of voluntary;

d) voluntary contract is a Convention free of charge, concluded by a natural person referred to as a volunteer, and a legal entity, hereinafter referred to as the host organization, under which the first person undertakes towards the second to provide an activity of public interest without getting a contraprestaţie material;

e) volunteerism is the recipient of the natural or legal person on whose behalf the work is voluntary. The host organization may be identical or different from the recipient as a volunteer.

Article 3 this Act is based on the following principles: (a) participation as a volunteer), on the basis of freely expressed consent;

b) active involvement of volunteer in community life;

c conduct voluntarism) excluding any material reward from the beneficiary of the activity;

(d) participation in the activities of persons) of volunteering is done on the basis of equality of opportunity and treatment, without discrimination of any kind.

Article 4 voluntary Activities, occasionally rendered outside relations with legal persons referred to in art. 1, for the sake of friendship or familial, neighborly, are not subject to this law.

Article 5 local authorities provide support in carrying out voluntary training, giving priority to activities targeting young people in disadvantaged areas or categories.

Article 6 (1) it is prohibited to conclude a voluntary contract in order to avoid termination of an individual contract of employment or, where appropriate, of a civil service or other civil contract for pecuniary interest for conducting the respective benefits.

(2) I'm struck by the absolute nullity of contracts concluded with the voluntary application of the provisions of the present law of the legal entities referred to in article 1. 1, in order to avoid the closure of an individual contract of employment or, where appropriate, of a civil service or other civil contract for remuneration.

(3) participation as a volunteer may not substitute military service or other alternative formulas that replace military service and may not represent an equivalent for a paid job.

(4) Foreign Volunteers is guaranteed residence for the duration of the traineeship.

Article 7 (1) for the purposes of the Community action programme "Youth", young volunteer is a person aged between 18 and 25 years who concluded, in accordance with the law, a volunteer for a limited period, aiming to develop the skills and experience personal and intercultural training, while contributing to the Betterment of the community.

(2) the young volunteer takes part in a European Union Member State other than that in which he has his domicile, or fold a third State to a nelucrativă activity and community, showing the importance for the community and has a limited period of time not exceeding 12 months, in the context of a project recognised by the Member State and the European Union.

(3) community Volunteer Placements for young people, depending on the expected length, differentiates in long-term internships, lasting between three months and one year, and short-term internships, lasting between 3 weeks and 3 months.

(4) the Community action programme "Youth" host organization of the young volunteer costs of internal transport, accommodation and meals. Funding from the European Commission shall ensure external transportation and non-taxable travel allowance, in the form of pocket money, for the entire duration of the traineeship.

(5) at the end of your internship, volunteering in the framework of the Community action programme "Youth" will be issued by the European Commission a nominal certificate recognising provision of voluntary activity, as well as the experience and skills acquired.

Chapter II the voluntary agreement Article 8 (1) Volunteering takes place on the basis of a contract concluded in writing, on pain of nullity absolute, between volunteer and host organization, the contractual freedom of the parties and in compliance with the provisions of this law.

(2) the host Organization is required to keep a register of volunteers, the duration and the type of activity carried out by them.

(3) If the parties agree that it is appropriate for a voluntary contract, it ends in two copies, one of which is kept in the records of the legal person.

Article 9 in the voluntary agreement should be set out at least the following rights of the volunteer: a) activity in accordance with its capacity and availability;

b) that the host organization to conduct activities in the legal conditions for the protection of labor, depending on the nature and the characteristics of the activity concerned;

c) that the host organisation, under the conditions provided by law, against the risks of accident and sickness or other risks arising from the nature of the activity; in the absence of insurance, any damage incurred during volunteer activities volunteerism is fully supports the host organization if they have not been caused by culpa volunteer. The volunteer may waive this right. The waiver must be explicit and must be expressed in writing;

d) issue by the host organization at the end of the volunteer, self-employed persons nominal recognising provision of voluntary activity, as well as the experience and skills acquired;

e) according to the understanding of host organization and volunteer, you can set the host organization refunds under the terms agreed upon in the contract, of the expenditure for carrying out the activity. Waiver of this right by voluntarily is tantamount to an act of liberality.

Article 10 a voluntary Contract to include at least the following obligations of the volunteer: a) to perform the tasks from the host organisation;

b) keep confidential information to which they have access in the context of voluntary activity;

c) to participate in training courses organized, initiated or proposed by the host organization for the better conduct of volunteer activity;

d) volunteer non-material damage shall be liable for material or brought the host organization within the voluntary activity of his own fault.

Article 11 in the execution of the contract is subject to volunteer the volunteer leadership of the legal person who has concluded the contract.

Article 12 the enforcement of contractual obligations devolving upon the volunteer cannot make representation.

Article 13 liability for failure to perform or improper performance of the contract for the execution of voluntary service is subject to the rules laid down in the civil code.

Article 14 If during the execution of a voluntary contract, regardless of the will is involved parties, a situation likely to hinder the enforcement of the obligations incumbent upon the volunteer, the contract will be renegotiated, and if the situation makes it impossible to continue execution of the contract, it is terminated by the full right.

Article 15 voluntary contract Renegotiation is made at the written request of one of the parties, under the conditions laid down in the contract.

Article 16 Denunciation of unilateral voluntary, takes place on the initiative of either party and shall be made in writing, with reasons for appearing. Termination conditions are established by contract, the deadline fixed for the submission of the notice period being 30 days.

Article 17

Disputes arising from the conclusion, modification, performance or cessation of volunteering within the competence of the courts of law, if the parties of the contract can not resolve amicably. Actions arising from the contract are exempt from the voluntary stamp duty.

Chapter III final provisions article 18 shall be exempt from the provisions of the present law Bluegrass fire services civilians constitute the Government according to the Ordinance. 60/1997 on defense against fire, approved with amendments and completions by law No. 212/1997 as amended).
— — — — — — — — * Note) Order No. 60/1997 was repealed through law No. 307/2006 defence against fire, published in the Official Gazette of Romania, part I, no. 633 of 21 July 2006. Law No. 307/2006 no longer regulates "fire" civilians, but enshrining the "emergency services" voluntary or private.

Article 19 competitions organised to fill posts, if two or more candidates obtain equal scores, public authorities and institutions as well as private ones may give additional scores of persons who submit one or more of the nominal voluntary certificates acknowledging the provision of voluntary activity, and the experience acquired, given that they constitute criteria for selection.

Article 20 this law shall enter into force 60 days after its publication in the Official Gazette of Romania, part I. — — — — — — — —-

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