Volunteers: What obligations do you owe?

Peninsula Team

March 28 2013

  What is volunteering? Volunteering can be defined as any activity that an individual chooses to engage in, by their own free choice, that involves spending unpaid time doing something that aims to benefit the environment or someone (individuals or group) other than, or in addition to close relatives. Now that that’s out of the way; what employment obligations do you owe to a volunteer in your workplace? Ireland has long, rich and diverse history of voluntary work and there is a strong culture of volunteering throughout the country. There was 16% increase in the number of volunteers who signed up to a number of volunteering agencies in 2012 with an increase in young people and unemployed people joining since the recession. Volunteering has a positive impact on the individual and the organisation, however the organisation has a number of obligations to their volunteer(s). Best Practice Policy When an organisation takes on a volunteer(s) they should be operating on a “best practice policy”. This will ensure that they are treated fairly and enjoy their time as a volunteer while also protecting the needs and best interest of the organisation. Duty of Care The employer has a duty of care to ensure the volunteer’s safety, health and welfare at work as far as is reasonably practicable and to comply with the Safety, Health and Welfare at Work Act 2005 by providing a safe place to work, safe systems of work, training and instruction in relation to health and safety and reporting accidents and dangerous occurrences. It is important that you seek the appropriate advice from your insurance providers to ensure that the volunteer(s) is cover for any accidents on the premises or if they will drive as part of their role. Equality Organisations should be mindful that a volunteer is eligible to lodge a claim to the Equality Tribunal under the Equality Acts 1998-2011, training should be provided on issues such as equality, bullying, victimisation and discrimination. They should all be made aware of the arrangements in place if they have a problem and if they want to escalate them to management. In so far as protecting your business Peninsula Business Services (Ireland) Ltd can draft a “Volunteer agreement” to suit your organisational needs. This document can outline the terms of the arrangement which should include and state that the volunteer has offered to assist the organisation by their own choice, clearly state that no remuneration will be provided, outline that notice periods are not required but should be given as a matter of courtesy and that the organisation will reserve the right to request record/background checks depending on the nature of the work. It is important that the volunteer understands that the agreement between the organisation and the volunteer can be revoked at any stage and that as much notice as possible will be provided however this may not always be the case. Any records obtained from a volunteer(s) should be stored in accordance with the Data Protection Act 1988-2003. Employees need to ensure that the volunteer agreement does not turn into a contract of employment and should consider the following;
  • A Volunteer should not be obliged to attend training and meetings
  • A Volunteer should not be obliged to commit to a minimum time spent in the organisation
  • If a volunteer is being reimbursed for expenses they should only be reimbursed for actual expenses and organisations should avoid providing a weekly rate e.g. €30 per week for expenses.
  • Be careful of the language used, try to use terms such as “volunteer agreement”, “volunteer role”, and use the term “arrangements” instead of disciplinary or grievance procedure and “reimbursement” instead of payment.
  Volunteering is an invaluable resource for both the organisation and the community and with the growing pressure and interest on organisations to give back through Social Corporate Responsibility it should be embraced. If your organisation has any questions about volunteering and the obligations that they owe call the advice line on 01 855 50 50.

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