Law 6-1996 – January 15, volunteer

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Law 6 / 1996 of January 15, the Volunteer.
Head of State
Range: Law
Published on: 17/1/1996 BOE No. 15, pp. 1239-1243 (5 pp.).
Reference: BOE-A-1996-1071

TEXT
JUAN CARLOS I
KING OF SPAIN
To all who see and hear this.
Known: That the Parliament has passed and I hereby sanction the following Law:

EXPLANATORY MEMORANDUM

1

The modern rule of law should be incorporated into national law regulating the actions of citizens who come together to meet the general interest, assuming that their satisfaction is no longer considered a responsibility of the State to become a task shared between state and society.
The State needs the responsibility of its citizens and are demanding an increasingly active role in solving the problems that affect them.
The growing awareness that social responsibility has led to citizens, sometimes individually, but especially through organizations based on solidarity and altruism play an increasingly important role in the design and implementation of actions aimed to the satisfaction of general interest and especially the elimination of situations of marginalization and building a caring society in which all citizens enjoy a decent quality of life.
One manifestation of this initiative is the volunteer’s social, expression of solidarity from the freedom and altruism.
Voluntary action has now become one of the basic instruments of civil society action in the social field and as a result, calls for a more active role resulting in the need for greater participation in the design and implementation of social policies.
This involvement, on the other hand, is what our Constitution expressly recognizes citizens and groups in which they are integrated, Article 9.2, and which, by reason thereof, are obliged to promote, encourage and protect public authorities.
From the state legislatively address this triple task involves, on one hand, guarantee freedom of citizens to express their commitment to solidarity through the channels that best suit their innermost motivations. Second, it implies, as stated above, the State’s obligation to recognize, promote and encourage voluntary action effectively in various forms. Finally, it implies the obligation to respect the constitutional order of distribution of powers and, therefore, the rules on the same subject have been issued or may issue in the future the Autonomous Communities.
This Act seeks to achieve these three objectives. Indeed, the concept is restricted beyond voluntary often treated purely welfare, to include also the other areas where public participation is equally valuable and necessary complement to public activities. From education to sports, to the civic welfare, the Act provides what is still the practice of those working in an altruistic way to get a better society for all.
Volunteering well understood also exceed pure voluntarism, individual action, isolated and sporadic, well-meaning but ineffective and, therefore, must be redirected towards organizations, both private and public, with ability to leverage synergistic effort, enthusiasm and dedication of volunteers.
As regards the second of these objectives, along with recognition of the social fact of volunteerism, the Act provides a number of volunteer support measures aimed at increasing their level of social implementation.
Finally, as to the constitutional distribution of powers, the promotion and encouragement of volunteering is an exclusive competence of the state, why the law limits its scope to the volunteers and organizations involved or develop statewide programs or supra regional as well as those who participate in programs that carry out state exclusive competence.

2

Collect notes law defining commonly accepted as voluntary activity: altruism and solidarity, freedom, ie not to bring their cause of an obligation or a duty of the volunteer, free, without any monetary compensation of any kind; and, finally, is made through a public or private organization. The Act provides, therefore, organized volunteer work, that is, which is developed within the scope of a public or private entity, excluding isolated or sporadic actions performed for reasons of friendship, kindness and good neighborhood.
Voluntary action is completely disclaimed the Act any form of paid services, whether civil, labor, civil service or commercial.
This distinction between voluntary and employee is strengthened further with the establishment of a broad picture of rights and duties of volunteers, who must be respected and observed by the organizations and volunteers, thus constituting the obligatory reference to any conflict that may arise between women and men.
The rights and duties under the Act are an accurate reflection of a general nature that are targeted at the various international recommendations on the subject, as well as those contained in the “European Charter for volunteers” proposed by Volonteurope and the “Declaration Voluntary Universal ‘, drawn up by the volunteers at the World Congress held in Paris in 1990 at the initiative of the International Association for Volunteer Effort. In the same vein these rights and duties are consistent with the letters of the volunteers of the NGOs in our country have a longer tradition in this field.

3

As noted above, the Act contemplates only Volunteering activity that is done through a private or public.
The Act does not distinguish where reality has not done so, and contemplates the volunteerism in its diversity without coining new terms that in no way help to clarify the already complex and rich panorama Spanish associations. Consequently, any organization, public or private, that meets the requirements set forth in the Act (lack of profit, legally constituted, have legal personality and conduct programs under the general activities that the Act itself mentions ) can count on the cooperation of volunteers, being then subjected, for them, the legal regime established in the Act
With the aim of contributing to the promotion of volunteerism the Act provides a number of measures. These measures aim is to promote volunteerism without detracting from its joint nature, altruistic and free, but while recognizing the value of volunteer activities for the whole of society. Thus, for example, provides for the promotion by the State Administration of technical assistance tools, training programs, information services and outreach and recognition of volunteer activities. It also provides certain benefits for volunteers as social recognition and measurement of their performance.
Finally, the Act addresses the situation of foreign volunteers in extending to them the application of its provisions.

TITLE I

General Provisions
Article 1. Object.
This Act is to promote and facilitate the joint participation of citizens in volunteer activities, within nonprofit organizations public or private.
Item 2. Scope of application.
1. This Act shall apply to volunteers who participate in programs at the state or supra regional as well as to the appropriate organizations in developing such programs.
2. It also applies to volunteers and organizations who participate in activities that develop State exclusive jurisdiction.
Item 3. Concept of volunteering.
1. For the purposes of this Act, the term voluntary set of general activities, developed by individuals, provided they are not made under an employment relationship, civil service, commercial or any other paid and meets the following requirements:
a) Have altruism and solidarity.
b) That the performance is free, without having their cause in a personal obligation or legal duty.
c) To be carried out without payment, without prejudice to reimbursement of expenses that the performance of voluntary activity may cause.
d) To be developed through public and private organizations under programs or projects.
2. Voluntary actions are excluded isolated, sporadic or loaned outside public or private non-profit, executed by family, friendship and good neighborliness.
3. Voluntary activity may in no case replace paid work.
Item 4. Activities of general interest.
Means activities of general interest, for purposes of the provisions of the preceding article, welfare, social services, civic, educational, cultural, scientific, sports, health, development cooperation, environmental defense, defense of the economy or research, development of community life, to promote volunteering, or any other of similar nature.

TITLE II

Volunteer
Item 5. Volunteer concept.
Volunteers shall be considered as individuals commit themselves freely to carry out the activities referred to in Articles 3 and 4.
Item 6. Rights of the volunteer.
Volunteers have the following rights:
a) Receive, both initial and ongoing basis, information, training, guidance, support and, where appropriate, materials necessary for the exercise of the functions assigned to them.
b) Be treated without discrimination, respecting their freedom, dignity, privacy and beliefs.
c) Actively participate in the organization to be inserted, collaborating in the development, design, implementation and evaluation of programs, according to its statutes or rules.
d) be insured against accidents and illness arising directly from the practice of voluntary activity, with the characteristics and the insured capital established by regulation.
e) Be reimbursed for expenses incurred in carrying out their activities.
f) Provide proof of identity of a volunteer status.
g) To conduct its business in proper health and safety conditions according to the nature and characteristics of the latter.
h) To have the respect and appreciation for the social value of their contribution.
Item 7. Duties of the volunteer.
Volunteers are required to:
a) Meeting the commitments made to organizations that are integrated, and for respecting the rules of the same.
b) Save where appropriate, confidentiality of information received and known in the development of voluntary activity.
c) Reject any material consideration that could receive either the beneficiary or other persons associated with its action.
d) Respect the rights of the beneficiaries of their voluntary activity.
e) To act in a diligent and caring.
f) Participate in training tasks foreseen by the organization in a concrete way for the activities and tasks assigned, and which is permanently required to maintain the quality of services provided.
g) Follow the instructions appropriate for the purpose it is given in the development of mandated activities.
h) Use proper accreditation and distinctive organization.
i) Respect and care for the material resources available to them organizations.

TITLE III

Of the relationship between volunteers and organizations that integrate
Item 8. Of organizations.
1. The organizations with the presence of volunteers will be constituted, endowed with legal personality, lack of profit and develop programs in the framework of general interest activities listed in Article 4 of this Act the various ministries within the appropriations provided for this purpose may provide grants or enter into agreements with volunteer organizations provided that the requirements of general law on subsidies and are conducted in accordance with criteria of transparency and fairness in the way established regulations.
2. These organizations shall, in any case:
a) Comply with the voluntary commitments in the agreement for joining the organization.
b) Prove the signing of an insurance policy suitable to the characteristics and circumstances of the activity carried out by volunteers, to cover their risk of accident and illness arising directly from the practice of voluntary activity, with the characteristics and the insured capital established by regulation.
c) To cover the costs of providing the service and volunteers provide appropriate means to fulfill their duties.
d) Establish internal reporting systems and appropriate guidance for carrying out tasks that are assigned to volunteers.
e) Provide training to volunteers necessary for the proper development of their activities.
f) Ensuring that volunteers carry out their activities in a safe condition and hygiene according to the nature and characteristics of these.
g) Facilitating the voluntary accreditation allowing him to develop and identify their activity.
h) To issue the volunteers a certificate showing the services rendered.
i) Keep a record of ups and downs of volunteers.
Item 9. Incorporation of volunteers.
1. The incorporation of volunteer organizations to be made in writing by the relevant agreement or commitment, and determination of the altruistic nature of the relationship, have at least the following contents:
a) The set of rights and duties that correspond to both parties, who must respect the provisions of this Act
b) The content of the functions, activities and time commitment that is committed to making the volunteer.
c) The training process is required for the performance of their duties.
d) The duration of the commitment and the causes and forms of disengagement by both parties.
2. The volunteer will be provided consistent with membership in the organization.
Article 10. Contractual liability to third parties.
Organizations shall be liable to third parties for damages caused by the volunteers who participate in its programs as a result of the implementation of voluntary actions in the following terms:
a) In the case of private, in accordance with the provisions of Chapter II of Title XVI of Book IV of Civil Code.
b) In the case of the Central Government and public entities related to or dependent on it, in accordance with the provisions of Title X of the Law 30/1992 of 26 November on the Legal Regime Public Administrations and Common Administrative Procedure
Article 11. Legal regime.
The conflicts that arise between volunteers and organizations in carrying out the activities of volunteers are to be settled by the competent court in accordance with the procedural rules.
Article 12. Collaboration in public non-profit organizations.
The collaboration of volunteers in the Central Government and the public entities with legal personality, associated or dependent on those that are non-profit, comply with the provisions of this Act and is preferably provided through agreements or partnerships with nonprofit entities private.

TITLE IV

Promotion of voluntary measures
Article 13. Building measures.
The Central Government will encourage the establishment of mechanisms for technical assistance, training programs, information services and outreach and recognition of volunteer activities.
Article 14. Incentives for volunteering.
Volunteers will, under the terms and the extent established by the Ministry or Ministries, increases or reductions in the use of state public transportation and at the entrance to museums managed by the Central Government, and any other benefits that may be established by regulation as a means of promotion, recognition and social value of voluntary action.
Article 15. Recognition of volunteer services.
1. The borrowed time as a volunteer may have the effects of military service, as provided in the second final provision of the Organic Law 13/1991, of December 20, Military Service.
2. Also provided volunteer time duly authorized, may be fully or partially validated by the National Board for Conscientious Objection by the duration of alternative service that corresponds proportionately, provided that:
Whether voluntary activities carried out after recognition as a conscientious objector,
Service provision is made for a continuous time of at least six months, as part of an entity or organization that has signed an agreement with the Ministry of Justice and Interior to perform alternative service in the terms provided for in Law 48 / 1984 of December 26, governing conscientious objection and alternative service, and implementing provisions.
Article 16. Accreditation of services provided.
Accreditation from the volunteer services shall be a certificate issued by the organization that has been made, which must contain at least as well as personal data and identification of the volunteer and the organization, the following:
a) Proof that the person involved has the status of volunteer.
b) Date, duration and nature of the contributions made by the volunteer.
Additional provision one. Volunteer abroad.
Those who participate in a voluntary and free to run programs abroad for organizations that meet the requirements of Article 8 of this Act shall be subject to the provisions thereof.
Additional provision two. Volunteers for development cooperation.
1. They volunteer for development cooperation which, integrated in public or private non-profit, may participate, under the conditions listed in paragraphs 2, 3 and 4 of this provision, management or execution of programs Spanish official aid for development.
2. The voluntary cooperation for development will be linked to the organization in providing services through a formal agreement or arrangement that includes at least:
a) The resources required to meet subsistence needs in the country of destination.
b) A health and accident insurance for the volunteer and family members with him to move, valid for the duration of their stay abroad.
c) A period of training, if necessary.
3. The voluntary cooperation for development should be informed by the organization to which they are linked to their performance objectives, the framework within which it occurs, the rights and duties, the right to timely accreditation, as well as the obligation to respect the laws of the country.
4. Volunteers of development cooperation shall be entitled to tax exemptions, immunities and privileges arising from international agreements on the matter, signed by Spain.
5. In matters not covered in previous sections or in the development regulations thereof, shall apply to the volunteers of the development cooperation provisions of this Act
6. Volunteers who participate in programs of cooperation for development, which include providing benefits not specified in paragraphs a) and b) of section 2 of this provision, concerning the insurance of family members moving to the voluntary, subject to the general of the Law, Not being applicable provisions of the preceding paragraphs of this provision.
Additional provision three. Extension of voluntary recognition.
The provisions of Articles 14 and 15 of this Act shall be applicable to volunteers who participate in activities that develop the competence of the Autonomous Regions or local authorities, within organizations that meet the requirements of Article 8 of this Act
Single transitional provision. Adapting organizations.
Organizations that the entry into force of this Act have volunteers must comply with the provisions of the same within two years.
Disposal only. Faculty of application and development.
The Government is authorized to issue the necessary arrangements for the development and implementation of this Act
Therefore,
I order all Spanish citizens and officials, to observe and enforce this Act
Madrid, January 15, 1996.

JUAN CARLOS I and the Prime Minister,

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