Act No. 198 / 2002 Coll.
Law on Voluntary Service and on the amendment of certain laws (Act on Voluntary Service)
Valid
Law
Effective from 01.01.2003
Contents
198
THE LAW
of 24 April 2002
on volunteering and amending certain laws (Law on volunteering)
Parliament has decided on this law of the Czech Republic:
COMPETENT SERVICES
Subject matter
(1) This Act regulates the conditions under which the State supports a voluntary service organised under this Act and carried out by volunteers without a claim for remuneration.
(2) This law does not apply to:
(a) activities covered by specific legislation, even if they fulfil the characteristics of a voluntary service provided for by this law;
(b) activities which do not fulfil the characteristics of a voluntary service provided for by this law, even if they are carried out by volunteers.
Definition of terms
(1) A volunteer service is an activity in which a volunteer provides:
(a) assistance to unemployed persons, persons who are socially ill, disabled, elderly, nationals of national minorities, immigrants, persons who have been sentenced to prison, persons who are drug addicts, persons suffering from domestic violence, as well as assistance in the care of children, youth and families in their spare time;
(b) aid for natural, environmental or humanitarian disasters, for the protection and improvement of the environment, for the maintenance of cultural heritage, for the organisation of cultural or collection charitable events for the persons referred to in (a); or
(c) assistance in the implementation of development programmes and in the framework of operations, projects and programmes of international organisations and institutions, including international non-governmental organisations.
(2) A voluntary service referred to in paragraph 1 shall not be considered as an activity relating to the satisfaction of personal interests or where it is carried out in the course of business or other gainful activities or in an employment relationship, service or member relationship.
(3) According to its nature, the volunteer service is short-term or, if performed for more than 3 months, long-term.
(1) A natural person may be a volunteer
(a) more than 15 years of age, if it is for volunteering in the Czech Republic;
(b) over 18 years of age if there is a voluntary service abroad;
which, on the basis of its characteristics, knowledge and skills, freely decides to provide a volunteer service.
(2) The volunteer shall perform a voluntary service under a contract concluded with the sending organisation; in the case of a long-term volunteer service or in the case of a short-term volunteer service for which a volunteer is sent abroad, this contract shall be written.
(3) Where a natural person is in an employment relationship, employment relationship, member relationship or is a pupil or student, he or she shall volunteer to volunteer outside his or her employment relationship, employment relationship, membership, school education or study.
(4) The exercise of a military active service is an obstacle to the performance of a volunteer service.
(5) A member of a social cooperative may not volunteer for the needs of the social cooperative of which he is a member.
(1) The broadcasting organisation under this Act is a public-service legal person based in the Czech Republic, who selects, records, prepares for the performance of the volunteer service and concludes contracts for the performance of the volunteer service on condition that he is granted accreditation (§ 6).
(2) The receiving organisation under this Act shall be able to conclude a contract with the sending organisation and to meet the obligations of the sending organisation or the public-benefit legal person for whose needs the voluntary service is performed.
(3) In addition to contracts concluded with beneficiary organisations, the sending organisation may conclude contracts with volunteers for the benefit of the hosting organisation. The condition is that a volunteer performs a voluntary service outside his / her obligations arising from his / her membership relationship with the sending organisation and has no other legal relationship with it. In such cases, the provisions on the rights and obligations of both sending and receiving organisations and on the rights and obligations of the volunteer shall apply mutatis mutandis to the relationship between the volunteer and the organisation for which the volunteer operates.
(4) The sending organisation shall demonstrate its public utility by means of a written declaration that it fulfils the conditions set out in Section 146 of the Civil Code.
Contracts
(1) In order to perform a short-term volunteer service, not for a volunteer service, for which a volunteer is sent abroad, at least the place, subject matter and duration of the volunteer service shall be agreed between the volunteer and the sending organisation and, depending on the nature of the volunteer service, the provision of work and protective means of work to the volunteer, or the presentation of a record of the Register of Penalties not earlier than 3 months and a health certificate of the volunteer not older than 3 months [paragraph 2 (b) (3)].
(2) A contract between a volunteer and a sending organisation for the performance of a long-term volunteer service or short-term volunteer service for which a volunteer is broadcast abroad must always include:
(a) the name, surname, birth number or, failing that, date of birth, place of residence of the volunteer and the name and address of the sending organisation;
(b) arrangements
1. on participation in pre-accession preparation by the sending organisation; the pre-accession preparation must include, depending on the nature of the volunteer service, information to the volunteer on the potential risks associated with the performance of the volunteer service which could endanger the life or health of the volunteer;
2. according to the nature of the voluntary service, the presentation of an extract from the Register of Penalties not earlier than 3 months old and the submission of a written declaration that, at the time of the contract, criminal proceedings are not conducted against the volunteer,
3. depending on the nature of the volunteer's volunteer's health certificate, not more than 3 months of age, where the registrant defines, on the basis of a volunteer's health assessment, the activities which the volunteer is unable to carry out in relation to his or her health,
4. according to the nature of the volunteer service, a certificate of familiarisation of the volunteer with the prevention of infectious diseases, including anti-malaric prevention (profilaxis), if required by the conditions of the territory in which the volunteer is to operate,
as conditions for participation in the volunteer service,
(c) the place, subject matter and duration of the voluntary service under a programme or voluntary service project;
(d) the method of eating and accommodation of the volunteer;
(e) a commitment by the volunteer to repay a proportion of the expenditure incurred by the sending organisation if it ceases to perform the volunteer service early for reasons other than reasonable reasons;
(f) according to the nature of the voluntary service, the arrangements for reimbursement of expenses associated with the necessary preparation for the participation of a volunteer in a programme or voluntary service project, for reimbursement of costs related to travel to and from a place of work abroad, for pocket money to cover normal on-site expenditure, for the provision of work and personal protective equipment;
(g) according to the nature of the volunteer service, the scope of working time, rest periods, the conditions for granting leave and the reasons for which the voluntary service may be terminated prematurely.
(3) A contract between a volunteer and a sending organisation for a long-term volunteer service may also include an arrangement that a volunteer submits an application to participate in a pension scheme before posting for a volunteer service if it fulfils the conditions laid down in a specific legislation, (2) and a commitment by the sending organisation to pay for it pension insurance provided for at least a minimum assessment basis, (3) if the long-term volunteer service is carried out at least to an extent exceeding 20 hours in a calendar week on average.
(4) A volunteer is not remunerated.
(5) The sending organisation shall, upon request, issue a certificate to the volunteer for a long-term volunteer service, a model of which is set out in the Annex to this Act.
(6) When negotiating the scope of working time, rest periods, conditions for granting leave, allowance and health and safety at work shall apply mutatis mutandis.
Transmission organisations
(1) The sending organisation shall be accredited by the Ministry of the Interior ("the Ministry '). The Ministry grants accreditation on a proposal from an accreditation committee composed of 1 representatives of the Ministry of Foreign Affairs, the Ministry of Education, Youth and Sports, the Ministry of Interior, the Ministry of Labour and Social Affairs, the Ministry of Environment, the Ministry of Health, the Ministry of Culture, the Ministry of Finance, the Council of the Government for non-state non-profit organisations; the accreditation committee is the advisory body of the Ministry.
(2) The Ministry shall grant the accreditation referred to in paragraph 1 to a sending organisation which is an association, foundation, foundation, fund, institute, social cooperative, community-beneficial society, church or religious society or a legal person of the church or religious society registered under the Act governing the status of churches and religious society4), is fair and shall demonstrate that it is able to organise, and to fulfil other obligations arising from, the qualification of its bodies, employees or members, specific projects or programmes of the voluntary service and financial capacity to organise the preparation and implementation of a voluntary service. Accreditation is granted for 4 years.
(3) The sending organisation referred to in paragraph 2 shall not be deemed to be fair if it has been convicted of an intentional offence by a final decision, unless it is regarded as not being convicted.
(4) The Ministry shall keep a list of the sending organisations to which it has granted accreditation. This list is a public list accessible electronically. It also includes the definition of the different types of voluntary service and their focus, the organisation and provision of which the sending organisation carries out.
(5) The sending organisation shall inform the Ministry of the change in the facts relevant to the granting of the accreditation that took place during the validity of the accreditation within 1 month of the date on which it became aware of the change.
(1) The sending organisation shall enter into an insurance policy covering liability for damage to property or health which the volunteer causes or will be caused to the volunteer himself in the course of the volunteer service before the volunteer is seconded to the volunteer service. The volunteer is responsible only for damage done intentionally.
(2) The sending organisation shall, prior to the sending of a volunteer to volunteer abroad, negotiate in that State the health insurance of the volunteer according to the nature of the volunteer service and the conditions of the State in which the voluntary service is to be performed.
(3) The sending organisation shall be responsible to the volunteer for carrying out a voluntary service outside the municipality of permanent residence and shall, depending on the nature of the voluntary service, be properly and in a healthy environment and, depending on its nature, operate the volunteer service under conditions that do not jeopardise its life or health.
(4) The sending organisation may conclude a contract in accordance with Article 5 with a volunteer who, at the time the contract is to be concluded, has not reached the age of 18, only with the written, officially verified consent of its legal representative or with the consent of his legal representative entered into the Protocol with the sending organisation; the contract is invalid without such consent.
(5) A volunteer under the age of 18 shall not be contracted to perform a volunteer service which is disproportionate to the anatomical, physiological and psychological characteristics of his or her age or where he or she is exposed to an increased risk of injury or other harm to health; a volunteer at that age shall not be sent to volunteer abroad.
(6) The sending organisation shall apply equal treatment in the selection of volunteers with whom it enters into a contract and in the negotiation of conditions for the performance of the voluntary service, except where the nature of the voluntary service makes this impossible.
(1) The sending organisation shall conclude a written contract with the receiving organisation prior to the sending of the volunteer to its place of activity, in which, taking into account the nature of a programme or a voluntary service project agreed with the receiving organisation, it shall negotiate in particular the conditions for the performance of the volunteer service, the subject matter and duration of the volunteer service, the method of accommodation and catering of the volunteers, their means of work and personal protective equipment, the method of verifying the conduct of the volunteer service by the sending organisation to check compliance with the contract and the evaluation of the work of the volunteers. The contract between the sending organisation and the receiving organisation shall also include arrangements on the obligation of the receiving organisation to inform the sending organisation of the risks that may endanger the life or health of the volunteer arising in the course of the performance of the volunteer service and shall immediately take measures to eliminate those risks and, in the case of non-removable risks, reduce them.
(2) The sending organisation shall not conclude a contract with the receiving organisation for such activities as a volunteer would carry out in the course of the business of the receiving organisation, or for the pursuit of such a voluntary service, the purpose of which would be to replace the activities otherwise carried out with the receiving organisation by persons in employment, service or membership, or provided for by other persons in their business for the receiving organisation.
(3) The sending organisations shall be required to publish the annual annual activity reports by 30 June of the following calendar year, as appropriate.
(1) If the Ministry finds that the sending organisation that has been granted accreditation has ceased to comply with the conditions laid down in this Act for the granting of accreditation (§ 6 (2)) or, despite a warning from the Ministry, no longer fulfils the obligations laid down in this Act, it shall withdraw the accreditation of that organisation after consulting the accreditation committee; ensure that this does not affect the fulfilment of obligations arising from contracts concluded.
(2) If a sending organisation with which a volunteer has a contract pursuant to Article 5 is destroyed, the rights and obligations of that contract shall pass from that contract to its successor in title and, failing that, to the State; The Ministry shall then, without undue delay, contractually transfer these rights and obligations to another appropriate broadcasting organisation.
(3) The Ministry is entitled, on its own initiative or other initiative, to check whether the broadcasting organisation fulfils the conditions laid down in this Act.
Use of voluntary service by the State and local authorities
State bodies, state bodies, authorities and bodies of local and local authorities, state contribution organisations, local and local authorities' contribution organisations and educational legal persons may use voluntary service for the purposes and under the conditions set out in Section 2; in this case they shall have the status of beneficiary organisation under this law. They may also, in particular when organising a volunteer service abroad, provide free of charge for the conclusion of a contract between a broadcasting organisation based in the Czech Republic and a receiving organisation.
Subsidy
(1) The Ministry may grant grants to sending organisations to cover:
(a) insurance premiums paid under an insurance contract concluded by the sending organisation pursuant to Article 7 (1);
(b) parts of the expenditure related to the registration of volunteers, their preparation for the performance of the volunteer service and the provision of the performance of the volunteer service;
(c) pension insurance premiums paid under Paragraph 5 (3) as a volunteer, at the rate of premiums set out in the minimum assessment base, (3) if the long-term voluntary service is carried out at least to an average of 20 hours per calendar week.
(2) The grant referred to in paragraph 1 shall be granted in advance to the sending organisations during the calendar year and shall be settled by the sending organisations on the basis of expenditure actually incurred, the number of volunteers actually sent to perform the voluntary service and the pension insurance premiums actually paid, as referred to in paragraph 1 (c), after the end of the calendar year. The sending organisation shall communicate to the Ministry, on the basis of its call, the data necessary for the calculation of the amount of the subsidy and the advance on it.
(3) The subsidy referred to in paragraph 1 shall not be granted for the calendar year in question to the sending organisation, provided that it has agreed or received a remuneration or other money that can be valued by the receiving organisation.
Amendment to the Public Health Insurance Act
In Article 7 (1) of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, as amended by Act No. 242 / 1997 Coll., Act No. 127 / 1998 Coll. and Act No. 155 / 2000 Coll., the dot after the letter (m) is replaced by a comma and the following point (n) is added:
"(n) persons performing a long-term voluntary service under a contract with a sending organisation that has been granted accreditation by the Ministry of the Interior to an extent that exceeds, on average, at least 20 hours in a calendar week, unless the volunteer is a premium payer pursuant to § 5 or behind it is a premium payer under points (a) to (m) above."
Amendment to the Pension Insurance Act
Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 134 / 1997 Coll., Act No. 289 / 1997 Coll., Act No. 224 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 166 / 2001 Coll., Act No. 188 / 2001 Coll. is amended as follows:
1. in Article 6 (1), the dot after point (c) is replaced by a comma and the following point (d) is added:
"(d) the performance of long-term voluntary service under a contract concluded with the sending organisation under a specific legislation; (6a) for the period before the date of filing of the application, participation in insurance may be possible within a maximum of two years immediately prior to that date.
6a) Act No. 198 / 2002 Coll., on Voluntary Service and on the amendment of certain laws (Act on Voluntary Service). '
2. In Article 6 (2), the first sentence is replaced by the following: "Other persons over 18 years of age are also involved if they have applied for insurance. '
3. Paragraph 107 (4) is deleted.
Amendment of the Income Tax Act
Act No. 2001 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 2000 / 2000, Act No. 100 / 2000, Act No. 100 / 2000, Act No. 100 / 2000 Coll., Act No. 120 / 1993 Coll., Act No. 196 / 1993 Coll., Act No. 168 / 1998 Coll., Act No. 42 / 1994 Coll., Act No. 104 / 1997 Coll., Act No. 110 / 1997 Coll., Act No. 110 / 1997 Coll., Act No. 108 / 1997 Coll., Act No. 18 / 1997 Coll.
1. in Article 4 (1), the point after the point (z) is replaced by the following:
"(j) performance provided in connection with the performance of a volunteer service under a specific legislation. 4h)
4h) Act No. 198 / 2002 Coll., on Voluntary Service and on the amendment of certain laws (Act on Voluntary Service). '
2. In Article 19 (1), the dot after the point (zb) is replaced by a comma and the following point (zc) is added:
"(zc) revenue arising from the performance of a voluntary service provided under a specific legislation. 4h) '.
EFFECTIVE
This Act shall take effect on 1 January 2003.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
Annex to Act No. 198 / 2002 Coll.
Model certificate of long-term volunteer service
2) Paragraph 6 (1) (d) of Act No. 155 / 1995 Coll., on Pension Insurance, as amended.
3) Sections 3 (3), 5b and 16 of Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended.
4) Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment of Certain Laws (Act on Churches and Religious Companies), as amended by the Constitutional Court found under No. 4 / 2003 Coll., Act No. 562 / 2004 Coll. and Act No. 495 / 2005 Coll.
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Regulation Information
| Citation | Act No. 198 / 2002 Coll., on Voluntary Service and on the amendment of certain laws (Act on Voluntary Service) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.05.2002 |
|---|---|
| Effective from | 01.01.2003 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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