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Law No. 78 Of 24 June 2014 On Regulating Voluntary Activity In Romania

Original Language Title:  LEGE nr. 78 din 24 iunie 2014 privind reglementarea activităţii de voluntariat în România

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LEGE no. 78 78 of 24 June 2014 (* updated *) on the regulation of voluntary activity in Romania ((updated until October 17, 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Article 1 (1) The present law regulates the participation of individuals in voluntary activities carried out for the benefit of other persons or society, organized by legal persons governed by public law or private law without profit. ((2) Volunteering is an important factor in the creation of a competitive European labour market and, at the same time, in the development of vocational education and training, as well as for increasing social solidarity. + Article 2 (1) The Romanian state recognizes the social value of voluntary activities as an expression of active citizenship, solidarity and social responsibility, as well as professional value as an expression of personal, professional, intercultural and language of the persons carrying out these activities. (2) The State supports the development of the voluntary movement at local, national and international level, in compliance with its independence and diversity, for the purpose of its artistic and cultural, sports and recreational, educational, scientific, of research, youth, representation, environmental, health, social, solidarity, community development, humanitarian aid, civic and philanthropic and the like. (3) The Romanian state supports the development of volunteering through all its institutions operating in areas where voluntary activities are carried out according to the law. + Article 3 For the purposes of this law, the following terms and expressions have the following meanings: a) volunteering represents the participation of the volunteer natural person in activities of public interest carried out for the benefit of other persons or society, organized by legal persons governed by public law or by private law, without remuneration, individual or group; b) the activity of public interest is the activity carried out in areas such as: art and culture, sport and recreation, education and research, environmental protection, health, social assistance, religion, civic activism, human rights, aid humanitarian and/or philanthropic, community development, social development; c) the host organization is a legal entity governed by public law or by private law, without profit, which organizes and administers voluntary activities; d) the voluntary contract represents the convention concluded between a volunteer and the host organization, under which the first party undertakes to perform an activity of public interest, without being remunerated, and the second one undertakes to provide an activity appropriate to request or prepare the volunteer; e) the volunteer is any natural person, without distinction of race, ethnic origin, religion, sex, opinion, political affiliation, who has acquired work capacity according to labour law and carries out voluntary activities; f) the beneficiary of the volunteer activity is the natural person, other than the spouse and children, or the legal person for whom the volunteer activity is carried out; g) the volunteer coordinator is the volunteer or employee of the host organization, who performs the tasks related to the coordination and administration of the volunteer activity. + Article 4 This law is based on the following principles: a) participation as a volunteer, public interest activity, unpaid and based on a freely consented decision of the volunteer; b) active involvement of the volunteer in the community life; c) conduct of volunteering with exclusion of remuneration from the beneficiary of the activity; d) participation of persons in voluntary activities, on the basis of equal opportunities and treatment, without discrimination; e) voluntary activity does not substitute paid work; f) the nature of public interest of voluntary activity. + Article 5 Isolated, sporadic volunteer activities provided, outside the relations with the legal entities provided in art. 1, for family, friendship or good neighbourly reasons are not subject to this law. + Article 6 Public administration authorities support the development of volunteer activities by including in local or national development strategies distinct chapters about the role of volunteering as a social welfare development resource, and not as a way of reducing spending, as well as how to support volunteering to reach local or national priorities. + Article 7 (1) Local public administration authorities support volunteering as a recognized method by which citizens can actively participate in volunteer activities in their communities, the method that allows them to address issues related to actions humanitarian, environment, social issues, and the like. (2) The local public administration authorities meet annually with the legal representatives of the host organization, within the administrative-territorial units they lead, in order to organize an effective cooperation in the activities of interest public service carried out by volunteers, as well as in order to promote, at local level, these activities, results and social impact. (3) The local public administration authorities shall promote and support the organization of events on the occasion of the International Volunteer Day on December 5 of each year. + Article 8 (1) The volunteer activities organized outside Romania by the host organization of Romanian nationality, in partnership with organizations from that country, carried out under a voluntary contract signed in Romania, are applicable to them provisions of this law (2) Volunteers of foreign citizens shall be guaranteed residence on the territory of the Romanian state during the voluntary contract, within the limits and conditions imposed by the legislation on the regime of foreigners in Romania. + Article 9 (1) The voluntary activity is carried out following a request from the host organization, through which it manifests its willingness to collaborate with volunteers. The host organization has the possibility to refuse motivated a candidate's request to become a volunteer, under the conditions provided for in its status, depending on the type of activity carried out, and in compliance with art. 4 lit. c). (2) The request issued by the host organization-the legal person of public law, through which the willingness to collaborate with volunteers is manifested, is carried out through a public announcement. (3) The host organisation shall provide initial training on: a) the structure, mission and activities of the host organization; b) rights and responsibilities of the volunteer; c) internal regulations governing the involvement of the volunteer. (4) The host organization may offer volunteers, under the conditions of the legislation in the field of vocational education and training, training, training and training courses in the field in which it operates. + Article 10 (1) It is prohibited, under penalty of cancellation, to conclude a voluntary contract in order to avoid the conclusion of an individual employment contract or, as the case may be, a civil contract for the provision of services or another civil contract by title onerous for the performance of those benefits. (2) The volunteer activity shall be considered professional and/or specialized experience, depending on the type of activity, if it is carried out in the field of graduate studies. (3) During the period of the voluntary activity, as well as at the conclusion of the voluntary activity, the host organization, at the request of the volunteer, shall issue a voluntary certificate to which an activity report is attached. They are drawn up in Romanian if they were issued on the territory of Romania. (4) The volunteering certificate will contain the following elements: a) the identification data of the host organisation issuing the certificate; b) the registration number and date of issue of the certificate; c) the registration number and the date of the voluntary contract; d) the name, surname and identification data of the volunteer; e) period and number of volunteer hours; f) the name and surname of the volunteer coordinator; g) the name and surname of the legal representative of the host organization; h) the mention "Volunteer and the issuing organization are responsible for the veracity of the data and information contained in this certificate". (5) The volunteer certificates or equivalent documents issued by the host organizations from another state shall be recognized in Romania in so far as they contain the elements provided in par. ((4) and are presented in authenticated copy and certified translation. (6) The activity report shall contain the following elements: a) voluntary activities performed; b) the assumed tasks; c) acquired skills. + Article 11 ((1) Volunteering is carried out on the basis of a contract concluded in written form, in Romanian, between the volunteer and the host organization. The obligation to conclude the voluntary contract in written form lies with the host organization. The written form is mandatory for the conclusion of the contract. ((2) In the event of the conclusion of the voluntary contract with a foreign national, the host organization may provide him with an interpreter. (3) The host organisation shall be obliged, prior to the commencement of the voluntary activity, to give the volunteer a copy of the voluntary contract. (4) Prior to the commencement of the activity, the voluntary contract shall be registered in the register of volunteers held by the host organization. (5) The voluntary contract is compulsorily accompanied by the volunteer record and the volunteer protection sheet. (6) The voluntary contract must contain the following clauses: a) the identification data of the contracting parties; b) description of the activities to be performed by the volunteer; c) the time and period of the volunteer activity; d) parties ' rights and obligations; e) the establishment of professional requirements, social skills, development interests, health care, confirmed by health certificates or other documents; f) conditions for termination of the contract. (7) The voluntary contract shall cease under the following conditions: a) on the expiry of the term set out in the contract, respectively on the date on which the benefits covered by the contract were executed; b) by mutual agreement; c) when the host organization ceases its activity; d) by unilateral denunciation, under the conditions of art. 21 21; e) in case of termination of the contract. (8) The volunteering sheet contains the detailed description of the types of activities that the host organization and the volunteer have agreed that the latter will carry out during the voluntary contract. (9) The volunteer protection sheet contains instructions on carrying out its activity, in compliance with the legal provisions in the field of safety and health at work. For activities that come out of the coverage of the volunteer protection sheet, the organizers of the activity will turn to the territorial labor inspectorates that will provide them with specific labor security instructions that activity. (10) The host organization is obliged to keep records of volunteers, duration and type of activities carried out and evaluation of volunteers, based on the criteria set out in the internal regulation. + Article 12 The voluntary contract must contain at least the following rights of the volunteer: a) the right to volunteer work in accordance with its capacity and availability; b) the right to request the host organization to issue the voluntary certificate accompanied by the activity report; c) the right to privacy and protection of personal data; d) the right to free time with volunteer work. + Article 13 (1) The voluntary contract must contain the following obligations of the volunteer: a) the obligation to provide an activity of public interest, without remuneration; b) the obligation of complementary conduct with the general objectives of volunteering-improving the quality of life and reducing poverty, sustainable development, health, preventing and managing the effects of disasters, social inclusion and, Also, the fight against social exclusion and discrimination; c) the obligation of the volunteer to perform the tasks provided in the volunteer record, as well as the observance of the instructions stipulated in the volunteer protection sheet; d) the obligation to maintain the confidentiality of the information to which he has access within the voluntary activity, during the period of the voluntary contract and for a period of 2 years after its termination; e) the obligation to announce the temporary unavailability to provide the volunteer activity in which it is involved. (2) The liability of the volunteer in such situations shall be committed according to the rules established in the legislation in force and in the internal regulations of the host organization. + Article 14 The voluntary contract must contain the following rights of the host organisation: a) the right to establish the organization and functioning of the volunteer activity; b) the right to initiate the content of the volunteer record, which it adapts to the request and preparation of the volunteer, as well as to the type of volunteer activities carried out by the host organization; c) the right to exercise control over how to implement the volunteer record through the volunteer coordinator; d) the right to observe the deviations of the volunteer, relative to the clauses set out in the voluntary contract, the volunteer record and/or in the volunteer protection sheet. + Article 15 (. The voluntary contract shall include the following: a) the obligation of the host organization to ensure the conduct of activities under the direction of a volunteer coordinator, in compliance with the legal conditions regarding safety and health at work, depending on the nature and characteristics of the activity b) the possibility of the host organization to bear the expenses of food, accommodation and transport for the volunteer in carrying out his volunteer activity, within the limits of the amounts allocated with this destination. The volunteer can give up food, accommodation and transport expenses through a self-declaration, approved by the management of the organization-gazda; c) the possibility of the host organization to bear other expenses occasioned by the conduct of voluntary activity, except for those related to the work performed by the volunteer within the limits of the amounts allocated with this destination. The volunteer can waive the above expenses mentioned by a self-declaration, approved by the management of the host organization. ((2) At the request of the volunteer, the host organization may conclude an insurance contract against the risks of accident and illness or other risks arising from the nature of the activity, depending on the complexity of the activity in which it participates and within the limits of the amounts allocated to it ---------- Article 15 has been amended by art. unique from LAW no. 175 175 of 7 October 2016 , published in MONITORUL OFFICIAL no. 812 812 of 14 October 2016. + Article 16 In the execution of the voluntary contract, the volunteer is subordinated to the coordinator of the volunteers, appointed under the conditions of 3 lit. g). If, by carrying out voluntary activities, damage to third parties is caused, the host organization will respond jointly and severally with the volunteer, under the law or the voluntary contract, if they were not determined by the exclusive fault of the volunteer. + Article 17 The performance of the contractual obligations of the volunteer cannot be made by representation. + Article 18 Liability for non-performance or improper performance of the voluntary contract is subject to the provisions Law no. 287/2009 on the Civil Code, republished, as amended. + Article 19 If during the execution of the voluntary contract intervenes, independently of the will of the parties, a situation likely to make it difficult to execute the obligations of the volunteer, the contract will be renegotiated, and if the situation makes it impossible the contract, it ceases full right. + Article 20 (1) The negotiation or renegotiation of the voluntary contract will be made at the written request of one of the parties, under the conditions established by the voluntary contract. (2) In the negotiation of clauses and at the conclusion of voluntary contracts the parties are equal and free. + Article 21 The unilateral denunciation of the voluntary contract shall take place at the initiative of either party, which shall be communicated and shall be reasoned in writing. The conditions of denunciation shall be determined by the voluntary contract, the period of notice being 15 days. + Article 22 (1) The letters arising from the conclusion, modification, execution or termination of the voluntary contract shall be settled amicably or through the mediation procedure, and, in the event of non-resolution, by the civil courts. (2) Shares arising from the voluntary contract are exempt from stamp duty. + Article 23 At the contests organized for filling positions, if two or more candidates obtain equal scores, public authorities and institutions and employers individuals or legal entities can provide additional score to candidates who present one or several voluntary certificates obtained from voluntary activities, issued under the conditions provided by this law, if they constitute selection criteria. + Article 24 The provisions of this Law shall not apply to personnel of voluntary emergency services constituted under the law, as well as to persons to whom the legal provisions regarding the provision of military service on the basis of volunteering. + Article 25 This law shall enter into force 30 days after its publication in the Official Gazette of Romania, Part I. + Article 26 The date of entry into force of this Law shall be repealed Voluntary Law no. 195/2001 , republished in the Official Gazette of Romania, Part I, no. 276 276 of 25 April 2007. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, June 24, 2014. No. 78. ---------