JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law:

EXPLANATORY STATEMENT

1

The modern rule of law must incorporate into its legal system the regulation of the actions of citizens who are grouped together to satisfy the general interests, assuming that the satisfaction of the citizens has left be regarded as an exclusive responsibility of the State to become a shared task between State and society.

The state needs the responsibility of its citizens and they want an increasingly active role in solving the problems that affect them.

The growing awareness of this social responsibility has led to citizens, sometimes individually, but, above all, through organizations based on solidarity and altruism, play an increasingly important role. It is important in the design and implementation of actions aimed at the satisfaction of the general interest and especially the eradication of situations of marginalization and the construction of a society of solidarity in which all citizens enjoy quality of life in dignity.

A fundamental manifestation of this social initiative is volunteering, an expression of solidarity from freedom and altruism.

Voluntary action has today become one of the basic instruments of civil society action in the social field and, as a result, it calls for a more active role that is reflected in the need for greater participation in the design and implementation of public social policies.

This participation, on the other hand, is the one that expressly recognizes our Constitution to the citizens and to the groups in which they are integrated, in Article 9.2, and which, by reason of the same article, are obliged to promote, to promote and protect public authorities.

Addressing legislatively from the state this triple task means, on the one hand, guaranteeing the citizens ' freedom to express their solidarity commitment through the channels that best accommodate their most intimate motivations. Secondly, it implies, as has previously been said, the obligation of the State to recognise, promote and effectively promote voluntary action in its various forms. Finally, it implies the obligation to respect the constitutional order for the distribution of powers and, therefore, the rules which on this same subject have dictated or can dictate in the future the Autonomous Communities.

This Law pursues the achievement of these three objectives. In fact, the restricted voluntary concept, which is often assimilated to the purely care, is exceeded in order to accommodate the other areas in which the participation of citizens is equally valuable and necessary in addition to the public activity. From education to sport, from the civic to the care, the Law collects what has been the usual practice of those who work in an altruistic way to achieve a better society for all.

Volunteering so understood must also overcome pure voluntarism, individual, isolated and sporadic action, well-meaning but not effective and, therefore, must be retaken to the organizations, both private and public, with the capacity to take advantage of the effort, enthusiasm and dedication of the volunteers.

With regard to the second of the above objectives, along with the recognition of the social fact of volunteering, the Law provides for a series of measures to support volunteering to increase their level of implementation. social.

Finally, in terms of the constitutional distribution of powers, the promotion and promotion of volunteering is not an exclusive competence of the State, which is why the Law limits its scope to the volunteers and organisations participating in or developing programmes of a state or supra-regional level, as well as those involved in programmes that carry out exclusive state competition activities.

2

Collects the Law the notes commonly accepted as defining the activity of volunteering: altruistic and solidary character; freedom, that is, that it does not bring its cause of an obligation or a duty of the volunteer; gratuitousness, without there is economic consideration of any kind; and, finally, that it is carried out through a public or private organization. The Law therefore contemplates organized volunteering, that is, the one that develops within the scope of a public or private entity, excluding isolated or sporadic actions performed for reasons of friendship, benevolence or good neighborhood.

Voluntary action is with the Act completely disengaged from any form of provision of paid services, whether civil, labor, civil, or commercial.

This differentiation between volunteer and salaried worker takes hold in addition to the establishment of a broad picture of the rights and duties of the volunteers, which will be respected and observed by the organizations and the voluntary, thus constituting the obligatory reference to any conflict that may arise between one another.

The rights and duties referred to in the Law are a faithful reflection of those which are generally pointed out in the various international recommendations on the subject, as well as those set out in the " European Charter for "Volunteers" proposed by Volonteurope and the "Universal Declaration on Volunteering", drawn up by the volunteers themselves at the World Congress held in Paris in 1990 on the initiative of the International Association for Voluntary Efforts. In the same vein, these rights and duties are in line with the Letters of the NGO volunteers who in our country have a greater tradition in this field.

3

As noted above, the Law of Volunteering only contemplates that activity that is carried out through a private or public organization.

The Law does not distinguish where reality has not done so and contemplates volunteering in all its diversity without minting new terminologies that in no way would contribute to clarify the already complex and rich Spanish associative panorama. Consequently, any organization, public or private, that meets the requirements stated in the Law (lack of profit, being legally constituted, having legal personality and carrying out programs in the framework of the activities of the general interest that the Law itself mentions) can count on the collaboration of volunteers, thus being subjected, with respect to them, to the legal regime established in the Law.

With the aim of contributing to the promotion of volunteering, the Law provides for a series of measures. With these measures, it is a matter of promoting volunteering without distorting its solidarity, altruistic and gratuitous nature, but recognizing the value that voluntary activities have for the whole of society. Thus, for example, the promotion, by the General Administration of the State, of mechanisms of technical assistance, training programs, information services and campaigns for the dissemination and recognition of voluntary activities is foreseen. Certain benefits are also provided for volunteers as a recognition and social assessment of their actions.

Finally, the Law contemplates the situation of volunteers abroad, extending to them the application of their forecasts.

TITLE I

General provisions

Article 1. Object.

This Law aims to promote and facilitate the solidarity participation of citizens in voluntary actions, within the framework of public or private non-profit organizations.

Article 2. Scope.

1. This Law will apply to volunteers who participate in programs at the state or supra-regional level, as well as the corresponding organizations as soon as they develop these programs.

2. It shall also apply to volunteers and organisations involved in programmes which develop activities of exclusive state competence.

Article 3. Concept of volunteering.

1. For the purposes of this Law, voluntary means the set of activities of general interest, which are developed by natural persons, provided that they are not carried out under a working, civil, commercial or any relationship another paid and meets the following requirements:

a) That they are altruistic and supportive.

b) That their realization be free, without their cause in a personal obligation or legal duty.

(c) to be carried out without economic consideration, without prejudice to the right to reimbursement of expenses that the performance of the voluntary activity causes.

d) To be developed through private or public organizations and under specific programs or projects.

2. Voluntary isolated, sporadic or non-profit actions are excluded from public or private non-profit organisations, executed for reasons of family, friendship or good neighbourliness.

3. The voluntary activity may not in any case replace paid work.

Article 4. Activities of general interest.

It is understood by activities of general interest, within the meaning of the previous article, the care, social services, civic, educational, cultural, scientific, sports, health, cooperation to the development, defence of the environment, defence of the economy or research, development of the associative life, promotion of volunteering, or any other of similar nature.

TITLE II

From the volunteer

Article 5. Concept of volunteer.

The consideration of volunteers will be given by natural persons who are free to engage in the activities referred to in Articles 3 and 4.

Article 6. Rights of the volunteer.

Volunteers have the following rights:

(a) Receive information, training, guidance, support and, where appropriate, material resources necessary for the performance of the tasks assigned to them, both at the initial and permanent levels.

b) Be treated without discrimination, respecting their freedom, dignity, privacy and beliefs.

c) Participate actively in the organization in which they are inserted, collaborating in the elaboration, design, execution and evaluation of the programs, in accordance with their statutes or implementing rules.

(d) To be insured against the risks of accident and disease arising directly from the exercise of voluntary activity, with the characteristics and by the insured capital to be established regulatively.

e) Be reimbursed for expenses incurred in the performance of your activities.

f) Dispose of an identification accreditation of your volunteer status.

g) Perform its activity in due safety and hygiene conditions according to the nature and characteristics of the same.

h) Get respect and recognition for the social value of your contribution.

Article 7. Volunteer duties.

Volunteers are required to:

a) Meet the commitments made with the organizations in which they are integrated, respecting the aims and regulations of the organizations.

b) Save, where appropriate, confidentiality of the information received and known in the development of your voluntary activity.

c) Reject any material consideration that might receive the benefit of the beneficiary or other persons related to their action.

d) Respect the rights of beneficiaries of their voluntary activity.

e) Act diligently and in solidarity.

f) To participate in the training tasks provided by the organization in a concrete way for the activities and functions entrusted, as well as those that are permanent in nature to maintain the quality of the services that lend.

g) Follow the appropriate instructions for the purposes of the development of the activities entrusted to you.

h) Use the organization's accreditation and flags appropriately.

i) Respect and care for the material resources that organizations make available to them.

TITLE III

Of the relationships between the volunteers and the organizations in which they are integrated

Article 8. Of the organizations.

1. Organisations with the presence of volunteers will have to be legally constituted, with their own legal personality, to be non-profit-making and to develop programmes in the framework of the activities of general interest collected. Article 4 of this Law. The various Ministries, within the appropriations provided for this purpose, may grant grants or establish agreements with the voluntary bodies provided that the conditions laid down in the general legislation on subsidies are met. are carried out in accordance with criteria of transparency and equity, in the form that is regulated.

2. Such organisations shall in any event:

a) Meet the commitments made with the volunteers in the agreement to join the organization.

(b) Credit the subscription of an insurance policy, appropriate to the characteristics and circumstances of the activity developed by the volunteers, which covers them from the risks of accident and disease directly derived from the exercise of the voluntary activity, with the characteristics and the insured capital to be established regulatively.

(c) Cover the costs arising from the provision of the service and provide the volunteers with the appropriate means to carry out their duties.

d) Establish the appropriate internal information and guidance systems for the performance of the tasks entrusted to the volunteers.

e) Provide volunteers with the necessary training for the proper development of their activities.

f) Ensure that volunteers are able to carry out their activities in due safety and hygiene conditions according to the nature and characteristics of those activities.

g) Provide the volunteer with an accreditation that enables and identifies you for the development of your activity.

h) Exasking volunteers for a certificate that accredits the services provided.

i) Bring a record of high and low volunteer staff.

Article 9. Incorporation of volunteers.

1. The incorporation of the volunteers to the organisations shall be formalised in writing by means of the corresponding agreement or commitment which, in addition to determining the altruistic character of the relationship, shall have at least the following content:

(a) The set of rights and duties that correspond to both parties, which shall comply with the provisions of this Law.

b) The content of the duties, activities, and time of dedication that the volunteer undertakes to perform.

c) The training process that is required for the performance of their functions.

d) The duration of the commitment and the causes and forms of disengagement by both parties.

2. The volunteer condition will be compatible with the partner in the same organization.

Article 10. Non-contractual liability to third parties.

The organizations will respond to third parties for the damages caused by the volunteers who participate in their programs, as a result of the performance of volunteer actions, in the following terms:

(a) In the case of private organisations, in accordance with Chapter II of Title XVI of Book IV of the Civil Code.

(b) In the case of the General Administration of the State and of entities governed by public law which are linked or dependent on it, in accordance with the provisions of Title X of Law No 30/1992 of 26 November 1992, Legal of Public Administrations and of the Common Administrative Procedure.

Article 11. Legal regime.

The conflicts that arise between the volunteers and the organizations in the exercise of their own voluntary activities will be addressed by the competent jurisdiction, in accordance with the rules laid down in the procedural rules.

Article 12. Collaboration in public non-profit organizations.

The collaboration of the volunteers in the General Administration of the State and in the entities governed by public law with their own legal personality, linked or dependent on that, which are not profit-making, will be adjusted to the This Law and preferably will be provided through agreements or collaboration agreements with private non-profit entities.

TITLE IV

Measures to promote volunteering

Article 13. Incentive measures.

The General Administration of the State will encourage the establishment of technical assistance mechanisms, training programs, information services and outreach and recognition campaigns for volunteer activities.

Article 14. Incentives for volunteering.

Volunteers will be able to enjoy, in terms and with the scope of the Ministry or Ministries concerned, bonuses or reductions in the use of state public transport, as well as in the entrance to museums managed by the General Administration of the State, and any other benefits that may be regulated as a measure of promotion, recognition and social assessment of voluntary action.

Article 15. Recognition of voluntary services.

1. The time provided as a volunteer may take the effects of the military service, in the form provided for in the final provision of the Organic Law 13/1991, of 20 December, of the Military Service.

2. Also, the time provided as a volunteer, duly accredited, may be validated in whole or in part by the National Council for the Objection of Consciousness, for the duration of the corresponding replacement social benefit proportionally, provided that:

It is voluntary activities carried out after recognition as a conscientious objector,

The provision of services shall be carried out for a continuous period of at least six months, integrated into an entity or organisation which has an agreement with the Ministry of Justice and the Interior for the performance of the service. social replacement, in accordance with the terms laid down in Law 48/1984 of 26 December 1984 on the objection of conscience and the replacement of social benefits, and provisions on development.

Article 16. Accreditation of the services provided.

The accreditation of the provision of voluntary services shall be carried out by means of certification issued by the organisation in which it has been carried out, in which it shall contain at least the personal data and identification of the volunteer and the entity, the following:

a) Accreditation that the subject concerned has the status of a volunteer.

(b) Date, duration and nature of the benefit provided by the volunteer.

Additional disposition first. Volunteers abroad.

To those who participate voluntarily and free of charge in programs that are executed abroad by organizations that meet the requirements of Article 8 of this Law, it will be applicable to them.

Additional provision second. Volunteers for development cooperation.

1. Development cooperation volunteers, who are integrated in public or private non-profit organisations, participate, under the conditions set out in paragraphs 2, 3 and 4 of this provision, in the management or execution of Spanish official cooperation programmes for development.

2. Development cooperation volunteers shall be linked to the organisation in which they provide their services by means of an agreement or formal undertaking covering at least:

a) The resources needed to address subsistence needs in the country of destination.

(b) A sickness and accident insurance in favour of the volunteer and the direct family members who are travelling with him, valid for the period of his stay abroad.

c) A period of training, if necessary.

3. Development cooperation volunteers should be informed, by the organisation to which they are linked of the objectives of their action, the framework in which they are produced, the rights and duties, the right to appropriate accreditation, and as an obligation to respect the laws of the country of destination.

4. Development cooperation volunteers shall be entitled to the tax exemptions, immunities and privileges arising from the International Agreements on the subject, signed by Spain.

5. As not provided for in the preceding paragraphs or in the regulatory standards for their development, the provisions of this Law shall apply to the volunteers of the development cooperation.

6. Volunteers participating in development cooperation programmes, the benefit of which does not include the benefits provided for in paragraphs (a) and (b) of this provision, as regards the insurance of direct family members who are They shall be subject to the general rule of law, not having regard to the provisions of the foregoing paragraphs of this provision.

Additional provision third. Extension of the recognition of voluntary services.

The provisions of Articles 14 and 15 of this Law may apply to volunteers who participate in programmes which develop competition activities of the Autonomous Communities or local authorities within the organisations meeting the requirements laid down in Article 8 of this Law.

Single transient arrangement. Adaptation of organizations.

The organizations that will have voluntary staff at the time of this Law will have to adjust to the provisions of this Law within two years.

Single end disposition. Application and development faculty.

The Government is authorised to make the necessary provisions for the development and implementation of this Law.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, January 15, 1996.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ