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Law on Volunteering
The Law is published in "Official Gazette of Montenegro", No. 26/2010, 31/2010 i 14/2012
I. BASIC PROVISIONS
Volunteering shall be carried out according to the conditions and method stipulated by this Law.
The concept of volunteering
Volunteering is voluntary and free investment of time, knowledge and skills for performing of services or activities in favor of another person or for the general welfare of society (hereinafter referred to as: Volunteering services).
The voluntary nature of volunteering
Volunteering shall be performed without right to be paid for executed work, without compensation or other material benefit, unless this Law provides otherwise.
A volunteer shall be person who shall voluntarily and free of charge perform volunteering services.
The volunteer may be domestic or foreign natural person of working age or a person with a disability who is qualified for performing of a particular volunteering.
The organizer of volunteering
The organizer of volunteering may be: a state authority, public administration, local government, institution in the field of social and child welfare, health care, culture, sports, religious communities, local and international non-governmental organization registered in Montenegro, as well as other domestic and foreign legal entities whose main goal is not to gain or distribute profit, in accordance with this Law and international obligations.
Beneficiary of volunteering service
Beneficiary of volunteering service may be natural or legal person.
The organizer of volunteering may be at the same time a beneficiary of that work.
Duration and method of performing volunteering
Article 7 verzija člana - 26/2010
Volunteering may last up to six hours a day and no longer than 25 hours per week.
If the Contract on volunteering is concluded referred to in Article 12a of this Law, volunteering may last no longer than 40 hours per week.
It shall be forbidden to exploit and abuse the volunteer for the purpose of obtaining or increasing profits.
+ Note: Article 1 of the Law - 14/2012-52.
Providing of volunteering service shall be performed under the Contract on volunteering.
Volunteering of a juvenile
Juvenile volunteer may conclude a Contract on volunteering only with the written consent of a parent, adoptive parent or guardian.
Juvenile volunteer shall be a person, age 15 to 18 years.
Children under 15 years of age shall not be engaged in volunteering.
The regulations establishing labor relations, which relate to the protection of a juvenile employee, shall be applied to the protection of a juvenile volunteer.
Prohibition of discrimination of a volunteer and a beneficiary of volunteering
It shall be prohibited any direct or indirect discrimination of a volunteer and beneficiary of volunteering, in terms of gender, origin, language, race, religion, color, age, pregnancy, medical condition, disability, ethnicity, marital status, family responsibilities, sexual orientation, political or other opinion, social origin, property, membership in political and trade union organizations or other personal characteristics.
Direct or indirect discrimination, in terms of this Law, shall be considered any action on any of the grounds referred to in Paragraph 1 of this Article or the existence of a certain provision, criterion or practice which puts a volunteer and beneficiary of volunteering in a disadvantaged position because of a certain quality, status, orientation or beliefs.
Activities that shall not be considered a volunteering
verzija člana - 26/2010
Volunteering, in terms of this Law, shall not be considered:
1) the performance of services or activities that one person is required to provide to another person under the Law or other regulations;
2) the performance of specific obligations in accordance with court decisions and judgments;
3) the performance of services or activities that are common in family, friendly or neighborly relations (free help of group of friends and neighbours, etc..).
+ Note: Correction - 31/2010-26. Article 2 of the Law - 14/2012-52.
II. CONTRACT ON VOLUNTEERING
Form of the Contract
Contract on volunteering shall be concluded in writing between the volunteers and organizers of volunteering.
Special contract on volunteering
Contract on volunteering may also be concluded with a person who wants to obtain special education and skills to work in their profession.
Volunteering performed pursuant to Paragraph 1 of this Article shall be recognized as work experience and as a condition for taking the qualification exam.
+ Note: Article 3 of the Law - 14/2012-52.
The content of the Contract
Contract on volunteering shall stipulate the mutual rights and obligations of volunteers and organizers of volunteering and specificity required for the performance of individual volunteering service.
Contract on volunteering includes:
1) first and last name of a volunteer, place of residence or dwelling of a volunteer;
2) master identification number of a volunteer, or personal identification number, if volunteer is a foreigner;
3) name and address of the organizer of volunteering;
4) name and address of a beneficiary of volunteering service;
5) palce and time of duration of volunteering;
6) information on volunteering services which shall be performed;
7) rights and responsibilities of volunteers;
8) information on costs related to the performance of volunteering and method of their compensation;
9) method of securing the contractual rights of volunteer.
Contract on volunteering may also contain other elements relevant to the specifics of performing volunteering at a certain time or at a specific location.
Information on juvenile volunteer referred to in Paragraph 2, Items 1 and 2 of this Article shall be required also for its parent, adoptive parent or guardian.
General rules establishing contractual relations shall be accordingly applied to the relations under the Contract on volunteering, unless this Law stipulates otherwise.
Contract on volunteering shall terminate by:
1) expiration of the period for which the Contract was concluded;
2) agreement between the parties;
3) unilateral termination of the Contract.
Breach of contract by volunteer and organizer
Volunteer or his legal representative may unilaterally terminate the Contract on volunteering, unless it would cause particular damage to the organizer of volunteering, beneficiary of volunteering or to third party, unless this Law provides otherwise.
The organizer of volunteering may terminate the Contract on volunteering, if:
1) there is no need for volunteering;
2) he is unable to provide the conditions for further volunteering;
3) he determines that the volunteer does not fulfill contractual obligations;
4) volunteer acts contrary to the agreed rules that apply to certain types of volunteering.
Breach of Contract shall be in writing.
The contractor shall be required to submit Contract termination to the other party, without any obligation to state the reasons for it.
Effect of the Contract
By the conclusion of volunteering no rights under the unemployment shall be lost.
III. RIGHTS AND RESPONSIBILITIES OF VOLUNTEERS AND ORGANIZERS OF VOLUNTEERING
Rights of volunteers
The volunteer shall have the right to:
1) obtain a written description of volunteering services that should be provided;
2) be informed about general regulations of the organizer of volunteering, which relates to volunteering service for which he was engaged;
3) be informed about dangers related to provided service during the volunteering;
4) appropriate safety at work measures, according to safety at work regulations and the nature of provided service;
5) be insured referred to in Article 22 of this Law;
6) have an appropriate training, if such training is necessary to provide the service which is the subject of a volunteering;
7) absence during the provision of volunteering of the Contract on volunteering, if there are justifiable reasons (illness, death of an immediate family, giving of blood, tissue and organs, etc.);
8) be consulted when deciding on the method of providing volunteering service;
9) have volunteer's booklet and enter data on volunteering;
10) compensate costs for performing volunteering.
Time of justified absence referred to in Paragraph 1, Item 7 of this Article shall be calculated in the time of providing service and may not be the reason for the loss of volunteer’s rights stipulated by this Law and the Contract on volunteering.
Responsibilities of a volunteer
A Volunteer shall:
1) provide services pursuant to the Contract on volunteering and general acts of the organizer of volunteering;
2) provide the service personally and directly, in accordance with professional standards and professional ethics when providing of services requires professional skills;
3) participate in training to improve the quality of service;
4) keep the information acquired in the performance of volunteering as a professional secret of organizer and beneficiary of volunteering;
5) inform the organizer of volunteering on the illness or other condition that prevents or significantly hinders him in providing volunteering service or which endangers the life or health of the person with whom the volunteer, providing the service, have to be in contact within 24 hours of the occurrence of that circumstance;
6) fulfill other obligations stipulated by this Law and the Contract on volunteering.
A person who is not a Montenegrin citizen shall have the right to perform volunteering in the territory of Montenegro under the condition that has permit for temporary or permanent residence issued in accordance with special law and fulfills the conditions referred to in Article 4, Paragraph 2 of this Law.
The person referred to in Paragraph 1 of this Article shall have the status of international volunteer and in terms of rights and obligations he shall be equal to volunteer who is Montenegrin citizen, all in accordance with this Law.
Montenegrin citizen who volunteers abroad
Montenegrin citizen who volunteers abroad shall have rights and obligations stipulated by this Law and taken by international obligations.
Volunteer referred to in Paragraph 1 of this Article shall not be younger than the age of 18.
The organizer of volunteering shall be required to provide a volunteer referred to in Paragraph 1 of this Article to exercise the right to protection, in accordance with the regulations governing the protection of Montenegrin citizens who work abroad.
Obligations of organizer and beneficiary of volunteering
Organizer and beneficiary of volunteering shall be required to:
1) perform duties to volunteer and respect his rights;
2) provide the conditions for obtaining of volunteer rights;
3) issue a written certificate to volunteer on volunteering, in accordance with this Law;
4) ensure the conditions and means for performing of volunteering;
5) provide payment of contracted costs related to performance of volunteering;
6) provide a volunteer with confidentiality of personal data and protection of privacy;
7) fulfill other obligations stipulated by this Law and the Contract on volunteering.
Insurance of a volunteer
The organizer of volunteering shall insure a volunteer in case of injury or occupational disease during the volunteering, all in accordance with this Law.
The organizer of volunteering shall be obliged to deliver a copy of the insurance certificate referred to in Paragraph 1 of this Article to the volunteer, within the period of three days of signing a Contract on volunteering.
Compensation for damages
A volunteer shall compensate the organizer of volunteering if he deliberately or due to negligence causes damages during or related to the provision of volunteering service, according to the general rules which stipulate the contractual relations.
A volunteer shall compensate for damage caused to third party during or related to the provision of service, including a beneficiary of volunteering service, unless he acted in good faith according to the directions of organizer of volunteering, all in accordance with general regulations which stipulate the contractual relations.
The organizer of volunteering shall compensate the damage to volunteer caused during or related to the provision of volunteering service, in accordance with general rules which stipulate the contractual relations.
IV. DEVELOPMENT AND MONITORING OF VOLUNTEERISM
Volunteerism Development Strategy
The role and importance of volunteering, long-term objectives, development priorities and measures for their implementation shall be determined by the Volunteerism Development Strategy.
Volunteerism Development Strategy shall be adopted by the Government of Montenegro for a period of five years.
In line with the Strategy referred to in Paragraph 1 of this Article volunteerism development programs shall be adopted at the local level.
Volunteering services may be established at national and local level.
Volunteering services for the territory for which they are established make record of persons who are interested in volunteering, introduce volunteers to interested organizers and may organize to the beneficiaries of volunteering, in collaboration with the Center for Professional Education, trainings of volunteers in accordance with special regulations.
Establishment of volunteering services
Volunteering service may be established by a natural or legal person who is not engaged in profitable business.
Funding for the establishment and operation of volunteering services shall be provided from the resources of the founder, donations, grants and other sources, in accordance with the Law.
Employment Agency of Montenegro
Employment Agency of Montenegro (hereinafter referred to as: the Agency) shall keep a central database of the organizers, beneficiaries of volunteering and volunteers, based on data provided by the organizer of volunteering.
Volunteer and organizer of volunteering may be granted a special reward for contribution and promotion of volunteering.
Reward referred to in Paragraph 1 of this Article shall be granted by volunteering service, as a rule, once a year in accordance with its regulations.
Volunteer shall have a volunteer booklet.
Form of volunteer booklet shall be prescribed by the state administration authority in charge of labor affairs (hereinafter referred to as: the Ministry).
Volunteer booklet shall be issued by local authority.
Entering of data
After termination of volunteering, an organizer of volunteering shall enter information in a booklet on time of provided volunteering service, the type of volunteering and training that the volunteer gained during volunteering.
V. REGISTRATION AND SUPERVISION
Records of volunteering
The organizer of volunteering shall be obliged to keep records of concluded contracts on volunteering and notify the Agency or volunteering service, within the period of 10 days from the date of termination of volunteering.
The method and procedure for keeping records referred to in Paragraph 1 of this Article shall be stipulated by the Ministry.
Supervision over the implementation of this Law and regulations governing the volunteering shall be performed by the Ministry through the Labour Inspectorate.
Obligation of owning documentation
The beneficiary of volunteering service shall be required to have, in business premises or at the place of performing volunteering, a Contract on volunteering concluded between a volunteer and organizer of volunteering, the application for insurance referred to in Article 22 of this Law, and for the international volunteer a permit for temporary or permanent residence in Montenegro.
Powers of labour inspector
During the supervision a labour inspector shall have authorization stipulated by a special law.
When in the process of inspection the inspector determines that a beneficiary of volunteering does not have all the documents referred to in Article 33 of this Law he shall stop performing of volunteering, in accordance with the special law.
VI. TRANSITIONAL AND FINAL PROVISION
Adoption of regulations
Regulations referred to in Articles 29 and 31 of this Law shall be adopted within the period of 60 days from the date of entering this Law into force.
Entry into force
This Law shall enter into force on the eighth day of its publication in the "Official Gazette of Montenegro".
By a comparison with the original text, it was found that the text of the Law on Volunteering, published in the "Official Gazette of Montenegro", No. 26/10, had a technical error resulting in the
Correction of the Law on Volunteering
Correction is published in the "Official Gazette of Montenegro", No. 31/2010 of 4/6/2010
In Article 11 in the introductory phrase, after the word "law" should be a word "no".
From the Department of the Parliament of Montenegro
Pursuant to Article 95, Item 3 of the Constitution of Montenegro I hereby pass the
Decree promulgating the Law on Amendments to the Law on Volunteering
I hereby promulgate the Law on Amendments to the Law on Volunteering, adopted by the 24th assembly of the Parliament of Montenegro, at the sitting of the second extraordinary session in 2012, held on the 27th February 2012
Podgorica, 5th March 2012
The President of Montenegro,
Filip Vujanović, m.p.
Pursuant to Article 82, Paragraph 1, Item 2 and Article 91, aragraph 2 of the Constitution of Montenegro, the Parliament of Montenego of the 24th assembly, at the sitting of the second extraordinary session in 2012, held on the 27th February 2012 , adopted the
Law on Amendments to the Law on Volunteering
The law is published in the "Official Gazette of Montenegro", No. 14/2012 of 03/07/2012
In the Law on Volunteering ("Official Gazette of Montenegro", No. 26/10) in Article 7 after Paragraph 1 a new paragraph shall be added to read as follows:
"If the Contract on volunteering is concluded as in the case of Article 12a of this Law, a volunteering may not exceed 40 hours a week." Former Paragraph 2 shall become Paragraph 3.
In Article 11, Paragraph 1, Items 1 and 2 shall be deleted.
Former Items 3, 4 and 5 shall become Items 1, 2 and 3.
After Article 12 a new Article shall be added to read as follows:
"Special Contract on volunteering
Contract on the volunteering may also be concluded with a person who wants to gain professional education and special knowledge and skills to work in his profession.
Volunteering performed pursuant to Paragraph 1 of this Article shall be recognized as work experience and as a prerequisite for taking the qualification exam. "
This law shall enter into force on the eighth day of its publication in the "Official Gazette of Montenegro".
EPA 772 XXIV
Podgorica, 27th February 2012
24th Assembly of the Parliament of Montenegro
Speaker of the Parliament,
Ranko Krivokapić, m.p.