Law 45/2015, Of October 14, Volunteer.

Original Language Title: Ley 45/2015, de 14 de octubre, de Voluntariado.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11072

FELIPE VI


KING OF SPAIN
To all who see and hear.

Know: that the Parliament has approved and I hereby sanction the following law:
PREAMBLE


I

Law 6/1996, of January 15, Volunteer, first regulated at the state level, volunteering in our country, marking an important milestone in the recognition and promotion. Almost twenty years later, this law has been overwhelmed by the reality of voluntary action and a new legal framework that adequately responds to the configuration and dimensions of volunteering in the early twenty-first century becomes necessary.

It is fair to recognize that the status of volunteering today is the result of continuous action, dedicated and responsible people, who for a long time, both in Spain and abroad, and with different motivations or from different beliefs, as, uniquely, is the case of the missionaries, have invested their efforts, their dedication and their ability to strengthen voluntary action.

In this context, this Law is committed to an open, participatory and intergenerational volunteering combining with the necessary balance, the dimensions of support and participation, without giving up their quest for transformation of society and focused more on the quality rather than quantity.

This Act provides coverage for voluntary action without adjectives, without excluding any sphere of action in which in recent years has consolidated its presence and favors that can not only be promoted in the Third Sector, but other newer areas , such as companies, universities or public administrations themselves.

Also they are valued and recognize new forms of volunteerism in recent years have emerged strongly as they translate into concrete action and for a period of time, not integrated into global programs or long period or carried out by volunteers through information technology and communication that do not require the physical presence of volunteers in voluntary organizations.

The standard is especially aware that among the motivations that lead people to volunteer influence personal interests, beliefs, desires and satisfying their expectations and promotes also volunteering throughout life ; the specific provisions regarding children and elderly are two clear examples.

, In short, it is intended that the new legal framework is useful and that it feel welcome all kinds of organizations, whatever their origin, size and scope and all volunteers, regardless of what your motivation and the extent of their commitment.


II
Law 6/1996, of January 15, Volunteer and Volunteer different rules autonomous regions largely coincide in configurating notes and on the principles that inspire voluntary action: solidarity, voluntariness and freedom, free and linking to the entity volunteer and a volunteer program.

These principles have also been collected in various international reports of volunteering, such as the Opinion of 13 December 2006 of the Economic and Social Committee 'Voluntary activity: its role in European society and its impact "or study on volunteering in the European Union "study on volunteering in the European Union. Final Report "prepared by the Education, Audiovisual & Culture Executive Agency filed on February 17, 2010, incorporating new perspectives for action on voluntary action. Moreover, as conclusions of the European Year of Volunteering 2011, various documents were approved, such as the Communication from the European Commission on September 20, 2011, on "EU Policies and Volunteering: Recognising and promoting cross-border voluntary activities' or European Parliament resolutions of 12 June 2012 on the 'Recognition and promoting cross-border voluntary activities in the EU "and December 10, 2013, on" volunteering and voluntary activities. " The proposal for a directive of the European Parliament and of the Council on 'Conditions of entry and residence of third-country nationals for research, studies, pupil exchange, paid and unpaid internship, volunteer services and Placement "au pair "2013" must also be taken into account.


More recently, Regulation (EU) no. 375/2014 of the European Parliament and of the Council of 3 April 2014 establishing the European Voluntary Humanitarian Aid Corps ( "Volunteers Help EU initiative ') and its Implementing Regulation (EU) No. creates . 1244/2014 of the Commission of 20 November 2014, have designed a new European framework for the development of humanitarian volunteer during 2014-2020.

This Act not only departs from the essential core of the voluntary act, but it strengthens and adapts to the needs of a volunteer of the century.


III
After delimiting the Preliminary Title object and scope, and taking into account the powers of the central government, autonomous communities, the autonomous cities of Ceuta and Melilla and local entities, the Title I defines volunteering and its requirements are set. To complete this delimitation are added to the exclusions already covered by Law 6/1996, of January 15, the work of social collaboration, scholarships with or without provision of services or any other similar activity whose main objective is the formation, non-labor practices in companies or business groups and external academic practices.

The general interest as a central element of the concept of volunteerism and main reference for determining where voluntary action, stands in one of the mainstays of the Act. Referenced to improving the quality of life of the persons to action voluntary and society in general or the environment, the framework for voluntary activity is completed with the list of values, principles and dimensions of voluntary action and the description of the various policy areas.

Moreover, the Act prevents voluntary action is organized as justifying termination of employment contracts employed in the public sector and the private, regardless of the type of contract used, or to substitute public administrations in office or public services whose provision you are required by law.
IV


Later, the Act provides the legal framework for volunteering designed for volunteer organizations and volunteers, although voluntary activity meaningless if no maximum were protected the rights of the persons to voluntary action, so many predictions about are also included.

It addresses, first, in Title II, the requirements to be fulfilled by the volunteer to have such a condition, with particular reference to minors and measures of accessibility for people with disabilities and the elderly.

With regard to minors has had particular regard to the ratification by Spain in 2010 Council of Europe Convention for the protection of children against sexual exploitation and abuse made in Lanzarote on 25 October 2007 and Directive 2011/92 / EU of the European Parliament and of the Council of 13 December 2011 on combating sexual abuse and sexual exploitation of children and child pornography replacing Framework Decision 2004 / 68 / JHA Council of 22 December 2003.

So for certain volunteer programs requires that volunteers have not been convicted by final judgment for crimes against sexual freedom and integrity, trafficking and exploitation of minors and in other cases, states may not have the condition those volunteers who have committed particularly serious crimes.

Next, the system of incompatibilities, both in private and in public, and the rights and duties of the volunteer regulated.

Special importance is attached to the agreement of incorporation, which stands in the main instrument of definition and regulation of relations between the volunteer and the volunteer organization, both at the time of incorporation of the former, as the further development of its voluntary action, which will differentiate volunteering from other forms of provision of related services.

Below are governed by Title III volunteer entities and their requirements are set. A new feature of note states that in any case have such consideration federations, confederations or unions of voluntary organizations.

The legal status of volunteering is closed with the regulation of the rights and duties of the persons to voluntary action in Title IV.
V



Unlike other legislative models, Law 6/1996, of January 15, Volunteer, did not have the character of basic legislation but came to join, depending on their skills, the panorama of existing regulations the autonomous communities defined by their Statutes of Autonomy and its specific legislation. This Law does not intend to alter in any way the distribution of powers, but calls for a framework for cooperation between the various public authorities to be especially prone to the consolidation and development of volunteering. To that end, it is committed to setting the media and relationship systems that make reciprocal information as possible, as well as joint action in the exercise of its powers, in order to integrate the actions of all public administrations in areas where their presence has been traditional in volunteering.

To achieve that goal, and the same vocation of cooperation, the Act lists the title V functions of the General State Administration. For its implementation is expected in the second additional provision, the statutory regulation of two bodies: an Interministerial Commission on Volunteerism whose function, always respecting the powers of the autonomous communities, local authorities and autonomous cities of Ceuta and Melilla, coordinate action of ministerial departments with competence on volunteering and the volunteer State Observatory, with functions of collection, analysis, dissemination and study of information on volunteerism in Spain.

The legal system is completed with the reference in Title VI, to traditional building activities, such as grants and collaboration agreements.

The growing presence of the business environment and the university in the field of volunteerism has its recognition in the law. To this end, the conditions in which businesses and universities can promote and participate in volunteer programs that meet the requirements established in this Act.

In addition, as a novelty, the call is collected to companies and public authorities to promote, according to labor law and public employment and with full respect for the agreements in collective bargaining, mechanisms of adaptation of working time that allow for employees or public employees to participate in voluntary work. In this regard, collective bargaining is presented as the most appropriate channel to define and regulate, within the above limits, these mechanisms enabling citizens to combine and reconcile their work obligations with their volunteer activity. It is equally novel introducing an objective recognition of skills acquired by the volunteer system.

Finally, the law concludes with three additional provisions, a transitional, a derogatory and seven finals. First, a first additional provision on the legal regime of volunteering in the field of civil protection regulation which refers to the specific rules set out; a second provides for regulation by regulatory means of an Interministerial Commission on Volunteerism and of a National Observatory on Volunteering and third, the participation of personnel of the National Health System in humanitarian emergencies.

The sole transitional provision refers to the adaptation of existing institutions to the new situation resulting from the law volunteerism.

For its part, the repeal provision only leaves without effect Law 6/1996, of January 15, Volunteer, Order of the Ministry of Education and Science, of 11 October 1994, by which regulates activity volunteer in public schools providing general education and the Order of the Ministry of Culture, October 9, 1995, by which regulates cultural volunteer.


Finally, seven final provisions are included. The first relates to the amendment of Article 31.4 of Law 55/2003, of December 16 of the Statute framework of statutory staff of health services as regards the homogeneity of scales of merit, the second to the need to respect the powers of the autonomous communities within the scope of this Act; the third to the scope of the reference in the article 4.1 of Royal Decree Law 7/2013 of 28 June, on urgent tax measures, budgetary nature and promote research, development and innovation; the fourth to competential title; the fifth to the absence of increased public spending; sixth to Enabling regulatory development and the seventh, and last, the entry into force of this law.
PRELIMINARY TITLE


Purpose and scope

Article 1. Purpose.

This law aims:

A) Promote and facilitate joint participation of citizens in volunteer activities carried out by voluntary organizations within and outside the territory of the State and according to the values ​​and principles of volunteerism.

B) Establish the requirements to be met by volunteers and the legal status of their relationships with voluntary organizations and the persons to volunteer actions.

C) Describe the cooperation in the field of their respective competencies, may carry out public administrations, within the framework of the Constitution and the Statute of Autonomy in volunteering.

D) Determine the functions of the General State Administration in the scope of its powers in volunteering.

Article 2. Scope.

1. This Act shall apply to volunteers, recipients and volunteer organizations involved, benefit or carry out volunteer programs or supra-state level, and are developed within or outside Spain. Shall apply also with respect to those programs in which the State has constitutionally recognized competence, without prejudice to the powers of the autonomous communities in volunteering for their statutes of autonomy as well as their specific legislation.

2. Volunteer programs to which this Act applies shall be developed in those areas where the state has constitutionally recognized its intervention, carried out inside or outside the Spanish territory. It also applies to those whose execution exceeds the territory of an autonomous community.
TITLE
I
Volunteer


Article 3. Concept of volunteerism.

1. For the purposes of this Act, volunteering means all activities of general interest developed by individuals, provided they meet the following requirements:

A) Have solidarity.

B) Its realization is free, without having their cause in a personal obligation or legal duty and is assumed voluntarily.

C) are carried out without financial or material subject to the payment of reimbursable expenses that the performance of voluntary action causes the volunteers in accordance with the provisions of Article 12.2.d).

D) develop through voluntary organizations under specific programs and within or outside the Spanish territory without prejudice to the provisions of Articles 21 and 22.

2. It is understood by activities of general interest, those that contribute to each of the areas for voluntary activity referred to in Article 6 to improve the quality of life of individuals and society in general and to protect and preserve the environment.

3. Not be considered volunteer activities include:

A) The isolated or sporadic, periodic or not, borrow outside volunteer organizations.

B) executed by family, friendship and good neighborliness.

C) Those made under a labor, civil service, commercial or other relationship by consideration of economic or material.

D) social collaboration work referred to Royal Decree 1445/1982, of 25 June, by which various measures to promote employment are regulated.

E) Scholarships with or without provision of services or any other similar activity whose main purpose is training.

F) Non-labor practices in companies or business groups and external academic practices.


4. They will be considered voluntary activities, those that result in the realization of concrete and specific actions, not integrated into global programs or long term, provided they are made through a volunteer organization. Likewise also they have such consideration, those made through information technology and communication that do not require the physical presence of volunteers in voluntary organizations.

Article 4. Limits on voluntary action.

1. Conducting volunteer activities may not be proper reason for termination of employment contract.

2. Conducting volunteer activities can not replace the public authorities in the development of functions or the provision of public services that are required by law.

Article 5. Values, principles and dimensions of voluntary action.

1. Voluntary action is based and conducted in accordance with the following values:

A) Those who inspire coexistence in a democratic, participatory, just, plural and society committed to equality, freedom and solidarity.

B) promoting and defending the common good of the fundamental rights enshrined in the Spanish Constitution, interpreted in accordance with the Universal Declaration of Human Rights, the Convention on the Rights of the Child and the UN Convention Nations United on the Rights of Persons with Disabilities, the Charter of Fundamental Rights of the European Union and the European Social Charter.

C) contributing to equity, justice and social cohesion.

D) substantiating supportive and participatory deployment of human capacities.

2. Considered principles underlying voluntary action:

A) Freedom as personal choice of the commitment of both the volunteers and the persons to voluntary action.

B) Participation as a democratic principle of direct and active intervention in the public space and public responsibilities and as a generator of active citizenship and community dimension.

C) Solidarity with global consciousness that requires congruence between attitudes and daily commitments and the elimination of injustice and inequality.

D) complementarity to the actions of public authorities, non-profit entities or professionals involved in each of the areas of volunteerism.

E) The autonomy and independence in the management and decision making.

F) The free service provided, not seeking financial gain or material.

G) Efficiency that seeks to optimize resources both thinking the persons to voluntary action, voluntary action as a whole, for the sake of social function that must fulfill.

H) equal opportunities for women and men in all areas of voluntary activity.

I) Non-discrimination of volunteers on grounds of nationality, racial or ethnic origin, religion, ideology or trade union convictions, disease, disability, age, gender, sexual identity, sexual orientation or any other condition or personal or social circumstance .

J) accessibility for people with disabilities, the elderly and those in situations of dependency.

3. Without prejudice to the specificities of each policy area, the following are considered voluntary own dimensions, among others:

A) The commitment, generosity and selflessness of time, skills and knowledge of volunteers.

B) The complementary action in the different fields of voluntary activity.

C) Critical awareness that helps to improve the relationship of the individual to society.

D) The transformation both in the social aspect, in order to find new bases for social relations; and individual, to improve personal attitudes.

E) The educational and social awareness dimension reminiscent, educates and awareness on the values ​​that inspire volunteer action.

F) Research and reflection on the actions, methods, approaches and practices of volunteer work.

Article 6. Areas for voluntary activity.

1. They are considered areas for voluntary activity, inter alia, the following:

A) Social Volunteering, developed by intervening with individuals and social reality, in situations of violation, deprivation or lack of rights or opportunities to achieve a better quality of life and greater social cohesion and justice.


B) Voluntary international development cooperation, both linked to education for development as part of the educational process and transformation, and to promote development with regard to humanitarian action and international solidarity, already perform in our country, recipient countries or territories development cooperation or in any country where a humanitarian need is declared, without prejudice to the activities carried out in this area by cooperating, which is governed by Royal Decree 519/2006 of 28 April, the Statute of cooperating states.

C) Environmental Volunteers, which aims to reduce the negative human impact on the environment and add value to the existing natural heritage, animal and plant species, ecosystems and natural resources performing, among others, protective actions and recovery of flora and fauna, the natural biodiversity of different habitats, and protection of the forest environment; conservation and improvement of water, rivers and other elements of the water environment; the coastline, mountains and other elements of the natural landscape; education and environmental awareness; protection of animals; and any others that help protect, preserve and improve the environment.

D) Cultural Volunteering, which promotes and defends the right of access to culture and in particular cultural integration of all persons, promotion and protection of cultural identity, defense and safeguarding of cultural heritage and participation in the cultural life of the community.

E) Sports Volunteering, which contributes to citizen and social cohesion, adding the values ​​of volunteering with those other inherent in the sport, a firm commitment to promote the Community dimension in the development of sport in all its manifestations, including volunteering in sport practiced by people with disabilities, with particular attention to the Paralympics, and encourage greater and resolute commitment of those who practice sport in community life, as an effective way to promote their education and social inclusion.

F) Educational Volunteering, which as planned joint action and integrated into the system and the educational community to improve the possibilities of realization of extracurricular and complementary activities contributing in particular to compensate for inequalities that may exist among students by social differences , personal or financial, by using, among others, service-learning programs.

G) social and health Volunteering which combine the promotion of health, disease prevention, health care, rehabilitation and social care that is aimed at the whole of society or groups in situations vulnerability, and, through a comprehensive and specialized intervention in the physical, psychological and social aspects, it provides support and guidance to families and immediate environment, improving living conditions.

H) Volunteer leisure time, forming and raises awareness on the principles and values ​​of voluntary action by developing activities in the field of non-formal education, to promote development, personal growth and group form comprehensive, driving skills, competencies, skills and attitudes in people, to promote solidarity and inclusion, and achieve the commitment, participation and social involvement.

I) Community Volunteerism, which promotes community improvement, and encourages participation more decision-making power and initiative to solve problems and require higher quality of life in the nearest living spaces where volunteers operate, vertebrando solidarity, active, critical, committed and jointly responsible society.

J) Voluntary civil protection, which works regularly on emergency management, in the proceedings to be determined by the National Civil Protection System without prejudice to the duty of citizens in cases of serious risk, catastrophe or calamity public, as effective means of expression and citizen participation in the social response to these phenomena, in the terms established by the applicable rules.


2. Regulations shall define the conditions under which it will carry out the activities of international volunteering for development cooperation will be regulated, as well as those other policy areas, or by the place they are made either by the specialty activities, well development time of these or a combination of some of the above circumstances, require different treatment.
Article 7.
volunteer programs.

1. Each volunteer program should have the following minimum content:

A) Designation.

B) Identity of the program.

C) Aims and objectives proposed.

D) Description of activities comprising.

E) Territorial scope covering.

F) Initial period of execution.

G) Number of volunteers needed, the right profile for the tasks are to develop and qualifications or training required.

H) Criteria for determining, where appropriate, the profile of those targeted by the program.

I) Means and resources needed to carry it out.

J) Control mechanisms, monitoring and evaluation.

2. When the General State Administration to fund volunteer programs, you may require additional content in accordance with applicable regulations.
TITLE II

Volunteer

Article 8.
volunteers.

1. Volunteers have the status of individuals who choose freely and voluntarily devote all or part of their time to carrying out the activities defined in Article 3.2.

2. Minors may have the status of volunteers provided their interests in accordance with the provisions of the implementing legislation and meets the following requirements are respected:

A) Those over 16 and under 18 must have the consent of their parents, guardians or legal representatives.

B) All children under 16 and over 12 may carry out volunteer activities if they have the express permission of their parents, guardians or legal representatives in which it is assessed whether those not harm or development and comprehensive training .

3. The volunteer organizations must guarantee the right to equal opportunities and universal accessibility of older volunteers, disability or dependency status, so that they can exercise, on an equal footing with the rest of the volunteers, the rights and duties allocated to them under this Act, eradicating any possible form of discrimination.

In these cases, consent to joining the volunteer organization, information and training and activities assigned to them, must be carried out in appropriate and according to their abilities and personal circumstances formats as guidelines set by the principles of universal accessibility and design for all, so that they are accessible, usable and understandable.

4. It will be required to have the status of volunteers in voluntary organizations or programs whose exercise entails regular contact with minors, not have been convicted and sentenced for crimes against sexual freedom and integrity, trafficking and exploitation of minors. To this end, they must prove that fact by providing a negative certification of the Central Register of Convicted for these crimes.

5. Not be voluntary people with criminal records not canceled for crimes of domestic violence or gender, for threatening the life, physical integrity, freedom, moral integrity or sexual freedom and integrity of the other spouse or children or crimes of smuggling or clandestine immigration, or terrorism offenses in programs whose recipients have been or may be victims of these crimes. This fact is evidenced by a declaration responsible for not having a criminal record for these crimes.

Article 9. Compatibility of voluntary action.

1. Employed workers and public employees may only volunteer activities outside working hours, without prejudice to the provisions of paragraph 2 of Article 20.

2. The status of employed person supports volunteerism in the same entity volunteer under the conditions established in the incorporation agreement, with the same limit as in the case above.


3. Volunteers will have the status of partner or partner in the organization volunteer which are integrated and participate in the governing bodies of the same in accordance with its statutes.

Article 10. Rights of volunteers.

1. Volunteers have the following rights:

A) To receive regular during the provision of its activity, information, guidance and support as well as the material means necessary for the exercise of the functions entrusted to them.

B) Receive at all times, by the volunteer organization, and tailored to their personal, training necessary for the proper development of the activities assigned to them.

C) be treated on an equal basis, without discrimination, respecting their freedom, identity, dignity and other fundamental rights recognized in international conventions, international treaties and the Constitution.

D) Actively participate in the organization that are inserted, collaborating in the development, design, implementation and evaluation of programs or projects, in accordance with its constitution or rules applicable and, to the extent that they permit, in government and administration of the entity volunteer.

E) To be covered by the volunteer organization, risks of accident and illness arising directly from the exercise of voluntary action and civil liability in cases where the sectoral legislation required, through insurance or other financial security.

F) be reimbursed by the entity volunteer of the costs incurred in the performance of their activities in accordance with the provisions of the agreement of incorporation and taking into account the scope of voluntary develop.

G) Have an identification proof of their volunteer status stating also volunteer entity in which it participates.

H) carry out their activity in accordance with the principle of universal accessibility adapted to the activity they carry.

I) Obtain recognition of the entity volunteer social value of their contribution and skills, aptitudes and skills acquired upon exercise of their volunteer work.

J) that their personal data will be treated and protected in accordance with the provisions of Law 15/1999, of December 13, Protection of Personal Data.

K) Cesar in carrying out its activities as a volunteer in the terms established in the agreement of incorporation.

2. The exercise of voluntary action will not imply impairment or any restrictions on the rights recognized by law to volunteers.

Article 11. Duties of volunteers.

Volunteers are required to:

A) meet commitments with voluntary organizations in which they are integrated, reflected in the incorporation agreement respecting the aims and statutes of them.

B) Save the confidentiality of the information received and known in the development of voluntary action.

C) Reject any material or economic consideration that may receive either of the persons to voluntary action, whether other people related to voluntary action.

D) Respect the rights of the persons to voluntary action on the terms provided in Article 16.

E) To act with due diligence and solidarity.

F) To participate in the training tasks provided by the entity volunteer for activities and functions entrusted and in which permanently be required to maintain the quality of the services they render.

G) Follow the instructions of the entity volunteer that are related to the development of mandated activities.

H) duly Use personal accreditation and distinctive entity volunteer.

I) Respect and care for material resources put at their disposal volunteer entity.

J) Comply with the existing safety measures and health in the state of volunteering.

K) To observe the rules on the protection and treatment of personal data in accordance with the provisions of Law 15/1999 of 13 December, and other applicable regulations.

Article 12. Relations between volunteers and volunteer organization.

1. The relationship between the volunteer and the volunteer organization is always established through the signing of an agreement of incorporation that is the main instrument of its definition and regulation.

2. The incorporation agreement shall have the following minimum content:


A) The set of rights and duties that correspond to both parties, which must respect the provisions of this Act.

B) The description of the functions, activities and time commitment that promises to make the volunteer.

C) Where applicable, the regime for which the intervention of employees or partners participate in volunteer activities within the entity itself will be regulated.

D) The system of reimbursable expenses to be paid to volunteers, in accordance with voluntary action to develop.

E) The training required to fulfill the functions that are assigned volunteers and, if necessary, the route to be followed to obtain it.

F) The duration of the commitment, and the causes and forms of disengagement by both parties, which must respect fully the rights of the persons to voluntary and better development of voluntary action programs.

G) The system for settling disputes between volunteers and volunteer organization.

H) The change of allegiance to the volunteer program or any other circumstances that change the regime initially agreed action.

3. The incorporation agreement must be in writing, in duplicate, and accompanied, where appropriate, of the negative certificate from the Central Register of Convicted or sworn statement to which they refer, respectively, paragraphs 4 and 5 of Article 8 .

4. Conflicts arising between volunteers and volunteer organizations in the exercise of the volunteer activities, be settled by arbitration in accordance with the provisions of Law 60/2003 of 23 December, on Arbitration, if so it has been agreed in the agreement of incorporation and, failing agreement, by the competent jurisdiction, in accordance with the provisions of the procedural rules.
TITLE III


Of the voluntary organizations
Article 13.
volunteer entities.

1. Entities will be considered voluntary legal persons who meet the following requirements:

A) be legally constituted and registered in the relevant records, according to state, regional or another Member State of the European Union applicable regulations.

B) Lack of profit.

C) be integrated or have volunteers, without prejudice salaried personnel structure necessary for stable operation of the entity or for the development of actions that require a particular degree of specialization.

D) Develop part or all of their actions through volunteer programs designed and managed within the framework of the activities of general interest, respect the values, principles and dimensions set out in Article 5 and running on any of the areas covered by Article 6

2. In any case they will be considered voluntary organizations federations, confederations or unions of voluntary organizations legally incorporated in the state or regional level or the European Union.

Article 14. Legal status of voluntary organizations.

1.Are rights of voluntary organizations:

A) Select volunteers, without discrimination on grounds of sex, sexual identity, sexual orientation, national, racial or ethnic origin, religion, ideology or trade union convictions, disability, age, or any other condition or personal circumstance or social, according to the purposes and objectives of the organization, the nature and characteristics of the task to develop and the rules established in its internal operation status.

B) suspend the activity of the volunteers when badly harmed the quality or purposes of the programs of the entity for its cause, or seriously violate the agreement of incorporation.

C) Attend measures encouraging voluntary action established by public authorities or private entities and measures to receive material and technical support, appropriate development-oriented performances.

D) To participate through federations, confederations or unions of voluntary organizations in the design and implementation of public policies of the Central Government.

E) Any other rights recognized by other legislation related to voluntary action.

2. Entities are required to volunteer:

A) Develop its own internal rules of operation in accordance with this Act and the regulations that will be applicable, based on democratic, participatory and transparent principles.


B) To issue incorporation agreement with volunteers and meet commitments.

C) Subscribe an insurance policy or other financial security appropriate to the characteristics and circumstances of the activity carried out by volunteers, covering them against accidents and illness arising directly from voluntary activity.

D) To cover the costs of the service and, where appropriate, to reimburse volunteers, expenses incurred them develop their activity, under the conditions agreed in the agreement of incorporation and adapted to the field of develop voluntary action and provide them with the material means necessary to fulfill its tasks.

E) Establish internal reporting systems and appropriate guidance purposes, the operating regime of the institution of voluntary action, the tasks that are assigned to volunteers and the delimitation of those tasks with the functions of professionals entities.

F) Provide volunteers regularly and according to their personal conditions, both basic and specific, necessary training for the proper development of their activities.

G) To facilitate the participation of volunteers in the development, design, implementation and evaluation of the programs involved and, to the extent permitted by applicable regulations, management processes and decision making of the volunteer organization.

H) To follow up and evaluation of program activities, ensuring the achievement of the objectives in accordance with the principles of efficiency and social returns.

I) Provide voluntary accreditation to enable them to develop and identify its activity, stating the volunteer entity which performs voluntary action.

J) require the consent or possibly the express written consent of parents, guardians or legal representatives of underage volunteers under the conditions set out in Article 8.2.

K) Issue volunteers a certificate indicating the duration and activities carried out in the programs in which he participated.

L) Keep a record low of voluntary agreements and incorporation and high.

M) Comply with Law 15/1999, of 13 December, and other applicable regulations regarding the processing and protection of personal data of volunteers or the persons to volunteer activities.

N) Observe the other obligations arising from the provisions of applicable law.

3. The voluntary organizations liable to third parties for damages caused by volunteers who participate in their programs as a result of the conduct of proceedings volunteer, according to the provisions of the Civil Code and other applicable regulations, may subscribe to this effect an insurance policy or other financial guarantee covering the liability shall be compulsory sectoral regulations required.

4. Notwithstanding paragraphs 4 and 5 of Article 8, voluntary organizations can develop volunteer programs in which the objectives of rehabilitation of persons with criminal records unexpired through voluntary action contemplated. In this case, the entity shall reflect in the volunteer program itself special characteristics.
TITLE IV


Of the persons to voluntary action

Article 15. Of the persons to voluntary action.

1. For the purposes of this Act, shall be considered persons covered by voluntary action and physical persons groups or communities that integrate both nationally and internationally, for the development of an activity volunteering represents an improvement in their quality of life, either through recognition or defense of their rights, meet their needs, access to culture, improving their environment or their promotion and social inclusion.

2. In determining the persons to voluntary action, you can not be discriminated against on grounds of nationality, racial or ethnic origin, religion, ideology or trade union convictions, disease, disability, age, gender, sexual identity, sexual orientation, or any other condition or personal or social circumstance.


3. Voluntary activities will be conducted with full respect for ideological, political, trade union or religious freedom of the persons to voluntary action.

Article 16. Rights and duties of the persons to voluntary action.

1. The persons to voluntary action have the following rights:

A) A voluntary action that is developed in accordance with programs that ensure the quality of the performances since, as far as possible, to run in their immediate surroundings, especially when they are derived or services personal benefits.

B) To their dignity and personal and family privacy is guaranteed.

C) To receive information and sufficient and understandable guidance according to their personal, both initially and during its implementation, on the characteristics of programs that benefit or are recipients, and to collaborate in their assessment .

D) To request and obtain the replacement of assigned volunteer, provided that there are reasons that justify and volunteer organization can meet the request.

E) To ignore or reject at any time voluntary action by resignation in writing or by any other procedure which provides a record of its decision.

F) To request the intervention of the institution volunteer to resolve conflicts arising with volunteers.

G) that their personal data will be treated and protected in accordance with Law 15/1999 of 13 December.

H) Any other right that they can recognize in accordance with this Act and other legislation.

2. The duties of the persons to voluntary action:

A) Collaborate with volunteers and facilitate its work in implementing programs that benefit or are recipients.

B) not paying any volunteers or volunteer organizations economic satisfaction or material.

C) Note the technical and health and safety adopted and follow the instructions given in the implementation of agreed activities.

D) Notify the entity volunteer well in advance his decision to dispense with the services of a particular volunteer program.

E) Any other arising from this Act or the regulations that may be applicable.
TITLE V



Public administrations
Article 17. Public Administrations.

1. Public Administrations with competence in volunteering provide what is necessary to fix the media and relationship systems that make reciprocal information as possible, technical cooperation and joint action in the exercise of its powers, in order to integrate their actions, contributing thereby improving voluntary action and joint participation of citizens.

2. With full respect for the powers of the regions defined in their statutes of autonomy of local authorities and the autonomous cities of Ceuta and Melilla and freedom of action and autonomy of voluntary organizations they are considered as areas of cooperation in which can be paid as provided in the preceding paragraph, the following:

A) Raising awareness in society about the value of voluntary action and interest of their contribution to the construction of social capital.

B) Promoting and encouraging social participation of citizens through voluntary organizations and in particular the elderly, in the context of active aging strategies and cooperation of voluntary organizations with other forms of social participation.

C) The design and development of plans and strategies volunteer to provide guidance, plan and coordinate their actions within the scope of their respective powers.

D) The establishment of assessment tools, information, technical and material assistance to voluntary organizations in all aspects that enable optimal performance of voluntary action.

E) Determination of common criteria evaluation, inspection and monitoring of public funds allocated to voluntary organizations, if permitted by the state and regional law enforcement and with full respect for the powers of the autonomous communities .

F) Support for voluntary organizations in its training of volunteers to make regular, quality and according to their personal conditions.


G) The promotion of networking and creating spaces and collaboration tools in their respective territories, to allow a continuous and smooth business relationship with social organizations, most representative trade unions and universities and any other entities and public or private institutions that may have an impact on volunteering.

H) Encouraging among public employees, participation in volunteer programs, according to public employment law and with full respect agreed in collective bargaining.

I) The contribution to the effectiveness of voluntary action, by simplifying and streamlining administrative procedures affecting voluntary organizations.

J) The establishment of effective mechanisms of supervision and control of the development of voluntary activity.

Article 18. Functions of the General State Administration.

1. Without prejudice to the powers of the regions defined in their statutes of autonomy of local authorities and the autonomous cities of Ceuta and Melilla, will correspond to the General State Administration:

A) Set, in the scope of its powers, the broad outlines of public policy in volunteering, according to other public authorities with jurisdiction in the matter, after consultation with voluntary organizations or federations of organizations most representative in each of the policy areas of volunteering volunteering.

B) Coordinate, through the Ministry in its organizational structure count with an administrative unit with specific functions in volunteering, the actions of the different bodies of the General State Administration in the different areas for voluntary activity.

C) Establish, in accordance with other public authorities with jurisdiction in the matter, mechanisms of cooperation in volunteerism.

D) establish, in agreement with other public authorities with jurisdiction in the matter, common criteria evaluation, inspection and monitoring of volunteer programs subsidized by public authorities as laid down in Article 17.2.e with) .

E) cooperate with the competent public authorities in the matter and after consultation with voluntary organizations, federations, confederations or unions more representative volunteer entities in each of the areas for voluntary activity in improving training of volunteers, according to the criteria of regularity, quality and adaptation to the personal conditions of volunteers set out in Article 17.2.f).

F) To promote, through service-learning programs, among others, training in the principles and values ​​of volunteering at all stages, cycles, grades, courses and levels of education, without prejudice to the provisions of Article 22.

G) Cooperate with the autonomous communities in the creation of a common information system as a tool shared between the central government, autonomous communities, local authorities and the autonomous cities of Ceuta and Melilla, allow to set common criteria diagnostic, monitoring and evaluation on issues related to volunteering.

H) To promote research and study activities that contribute to better understanding of the needs, resources and actions on voluntary action through the implementation, among other initiatives, a National Research Award on Volunteerism .

I) Promote the training and exchanges of good practice science-based volunteers, volunteer organizations, federations, confederations or associations thereof, nonprofit entities national and international levels to facilitate the achievement of common objectives voluntary action.

J) To promote volunteer activities in collaboration with voluntary organizations which does not involve the replacement of functions or public services that the Administration is required to provide by law and subject in all cases to the needs of the service or function they should run.

K) Provide necessary to adapt the provisions of the regulations on safety and health at work volunteers and to include them in equality plans of voluntary organizations and, where appropriate, in prevention sexual harassment or gender.


2. The collaboration of voluntary organizations or federations, confederations or unions of voluntary organizations with the General Administration of the State and the public entities with legal personality and connected with or dependent on it, shall comply with the provisions of this Act and the rest of the applicable regulations and preferably will be provided through agreements or partnerships between them.

Article 19. Collaboration of local authorities.

Local authorities as closer to the persons to volunteer activities public administration, promote, under the terms established by Law 7/1985 of 2 April, regulating the Bases of Local Government, in collaboration with the rest of the Administrations and especially with the autonomous communities, the development of volunteering in the areas that Article 6 of this Law as an instrument to increase awareness of the population about community resources and to bind the citizenship with their immediate social, economic and cultural context.
TITLE VI


The promotion and recognition of voluntary action

Article 20. Measures to promote volunteerism.

1. The Central Government may award grants or establish agreements with volunteer organizations provided that the requirements of both the general legislation on subsidies and this Act are met, and are conducted in accordance with criteria of publicity, transparency, competition, objectivity , equality and non-discrimination.

2. Public Administrations and private enterprises or institutions may promote and facilitate, in accordance with labor law or public employment and with full respect for the agreements in collective bargaining, the adoption of measures to reduce or adapt working hours, suspensions of employment with reservation of job or paid interruptions or failure to provide, for workers employed or employees to exercise their volunteer work.

The specific terms in which they are to develop measures to reduce or adapt working hours mentioned in the preceding paragraph shall be in writing.

Article 21. promoting volunteerism from companies.

1. In order to promote greater visibility and promotion of volunteerism in society, companies can promote and participate in volunteer programs provided that the actions taken can be described as general interest be included in any of the policy areas volunteer and respect the values ​​and principles that inspire voluntary action, in accordance with the provisions in Title I.

2. Volunteer actions companies can be accomplished by incorporating workers who decide freely and voluntarily participate as volunteers in programs promoted by voluntary organizations in collaboration with the company.

3. Regulations relevant specialties will be established in order to encourage and facilitate SMEs to promote and participate in volunteer programs.

Article 22. promoting volunteerism from universities.
1.The
universities, responsible for university training young people and adults, can promote volunteerism within their own areas of action such as training, research and awareness according to the sectoral rules of application.

2. Volunteer actions will aim universities training and awareness of the university community in volunteering and can be promoted from the university itself or with the participation of voluntary organizations. The intervention of the members of the university community in these programs will be free and voluntary and not involve the replacement of the Administration in public services or functions that are required to provide by law.

3. Universities encourage teaching and research at all levels around volunteerism. To do this, they may sign cooperation agreements with public administrations and with other institutions and public or private organizations, who in turn can apply to universities courses, studies, analyzes and investigations.


4. Universities may establish formulas for academic recognition of volunteer activities performed by their students, provided they meet the academic requirements established in the corresponding rules of application in university management and to respect the values ​​and principles of volunteerism laid down in this Act.
Article 23. Measures
social recognition of volunteering.

Volunteers will, under the terms and scope established by regulation, the benefits that may be established for the sole purpose of promotion, recognition and social value of voluntary action.

Article 24 Accreditation and recognition of volunteer activities.

1.La accreditation of providing voluntary services shall be effected by a certificate issued by the entity in which volunteering is done, at any time request the voluntary and, in any case, the end of the period volunteer. It shall include, at least, in addition to the personal and identifying details of the volunteer and the organization volunteer, date of joining the organization and duration, description of the tasks performed or assumed functions and the place where it has been out the activity.

2. The recognition of skills acquired by the volunteer will be in accordance with the general rules of recognition of skills acquired through work experience or non-formal training.

First additional provision. Volunteers in the field of civil protection.

Conducting volunteer activities in the field of civil protection is governed by specific regulations, this Act apply supplementary.

Second additional provision. Interministerial Commission on Volunteerism and Volunteer State Observatory.

1. An Interministerial Commission regulation Volunteer whose function is to coordinate the actions of ministerial departments with competence on volunteering in accordance with the provisions of this Act shall be regulated.

2. Regulation by a State Observatory Volunteering as a body of participation of the autonomous communities, the autonomous cities of Ceuta and Melilla, the Spanish Federation of Municipalities and Provinces and Federations, Unions Confederations and voluntary organizations will be regulated.

Third additional provision. Participation of staff of the National Health System in humanitarian emergencies.

1. may be authorized activity cooperation in humanitarian emergencies, according to the concept contained in paragraph 3 under the parameters of the system of volunteer actions or projects to be promoted, therefore qualified by the Spanish Agency for International Cooperation NGO for development (AECID) or international organizations, provided they are backed by the AECID.

2. The staff serving in the centers and institutions of the National Health System may take leave to participate in humanitarian emergencies. This permit condition unpaid or partially paid, as is currently regulated for statutory personnel of health services, by Article 61.4 of Law 55/2003, of December 16 of the Statute Framework Health services. This configuration of the permit is compatible with the professional nature and usually paid activity cooperation in humanitarian emergencies, in accordance with the conditions established in Royal Decree 519/2006, of 28 April, approving the Statute establishing the Cooperating . Professional during the term of the permit remain the reserve of the square and will be considered in active service.

The statutory personnel and staff career officer shall, during the term of the permit, the calculation of this period for the purposes of triennia. The statutory personnel also have also right to your computer for the purposes of career.


The ordinary duration of the permit shall be three months. This permit may be extended, on an exceptional basis, up to a maximum of six months in total duration, depending on the needs that appreciate to prolong the presence of professionals in humanitarian emergency missions by organizations detected such circumstances specialized humanitarian endorsed by the Spanish Agency for international cooperation for development (AECID). This permit, which is granted in an extraordinary way, will in any case, the character of unpaid.

3. For the purposes of this Act shall mean "humanitarian emergency", the definition established by the United Nations, through its Office for the Coordination of Humanitarian General Secretariat and the International Committee of Red Cross Affairs. They shall be treated, so-called supervening emergencies, humanitarian crises or prolonged in time to be jointly communicated by the Spanish Agency for International Cooperation for Development and the Ministry of Health, Social Services and Equality. The cooperation program will be led either by a non-governmental organization qualified by the Spanish Agency for International Cooperation for Development and officially endorsed by the Ministry of Health, Social Services and Equality or an international organization, in the terms in each indicate if the Ministry of Foreign Affairs and Cooperation, through the Spanish Agency for International Cooperation for Development.

4. In accordance with the already established by paragraph g) of Article 10.1 of Royal Decree 519/2006, of April 28, the time worked for permission to participate in projects of Spanish Cooperation in humanitarian emergencies is being valued as merit, as services rendered to the Administration on which they depend, both in selection processes to access the status of permanent staff, as in the processes of provision of places on staff, permanent and temporary, ie those of: selection , internal promotion, competition, free choice and mobility.

Permit the temporary statutory staff shall be subject to the validity of the square occupied by the professional and in case of termination of appointment, terminates the permission. The autonomous communities review their rules or agreements selection of temporary staff, in order to avoid any sanctions for not addressing the offer to be directed from the bag of temporary employment in its class, when this occurs in their absence, because they were enjoying this permission cooperation in humanitarian emergencies.

5. The Autonomous Communities regulate the conditions and procedure for granting permission to participate in humanitarian emergencies on staff, according to the provisions of Article 61.4 of Law 55/2003, of December 16 of the Statute framework of statutory staff health services, or civil servants dependent on its health service, both in its regular term, as in the extraordinary. As far as possible that permission be granted by the emergency procedure.

Also be governed by the regional governments, where appropriate, recognition of similar rights and guarantees for professionals in health institutions, whose regime is linking both the labor, as the officer's career.

Single transitional provision. Adaptation of voluntary organizations.

The voluntary organizations that the entry into force of this Act are integrated or have volunteers must comply with the provisions thereof within a year from its entry into force.

Derogatory provision.

1. Law 6/1996, of January 15, Volunteer is repealed.

2. Order of the Ministry of Education and Science, of 11 October 1994 establishing voluntary activity is regulated in public schools providing general education and the Order of the Ministry of Culture are repealed, 9 October 1995 which regulates cultural volunteer.

First final provision. Amendment of Article 31.4 of Law 55/2003, of December 16 of the Statute framework of statutory staff of health services as regards the homogeneity of scales of merit.

Paragraph 4 of Article 31 of Law 55/2003, of December 16 of the Statute framework of statutory staff of health services, shall read as follows:


"The scales of merit in the selection tests for access to regular staff appointments will be heading to assess the professional skills of the candidates through the weighted valuation, among other things, their professional and educational curriculum, the most significant of their undergraduate training, specialized and continuous accredited professional experience in health centers and scientific activities, teaching and research and development cooperation and humanitarian aid in the field of health. Regulations, and with basic character, principles and criteria determined by the common characteristics of merit scales that apply in the selection processes and provision of places and positions that are called for access to the status of statutory personnel is governed both fixed and temporary character and mobility procedures, as provided for in Article 37. '

Second final provision. Respect for the competence of the autonomous communities.

This Act shall be without prejudice to the powers of the autonomous communities in volunteering for their statutes of autonomy as well as their specific legislation.

Final disposition third. Scope of remission of Royal Decree-Law 7/2013 of 28 June on urgent measures of fiscal, budgetary and promote research, development and innovation activities of general interest to the rules of voluntary nature.

From the entry into force of this Act, the reference in the Royal Decree Law 7/2013 of 28 June, on urgent tax measures, budgetary nature and promote research, development and innovation, Law 6/1996 of 15 January Volunteerism, shall be construed made to this Law.

Fourth final provision. competential title.

This Act is enacted under Article 149.1.1 of the Spanish Constitution, under which the State has exclusive jurisdiction over the regulation of basic conditions guaranteeing the equality of all Spaniards in the exercise of rights and the fulfillment of their constitutional duties.

Final provision fifth. No increase in public spending.

The measures included in this Act shall not result in increased public spending.

Sixth final provision. Authorisation for regulatory development.

Authorizing the Government to within six months from the entry into force of this Act approved its implementing regulation.

Seventh final provision. Entry into force.

This Act shall take effect on the day following its publication in the "Official Gazette" day.

Therefore

Command all Spaniards, individuals and authorities to observe and enforce this law.

Madrid, 14 October 2015.
FELIPE R.


The Prime Minister,
MARIANO
Rajoy Brey