Volunteers normally carry out unpaid work for charities, voluntary organisations, fundraising bodies or other organisations.
Volunteers are generally not considered to be employees or workers and will usually have a role description rather than a job description. However, a volunteer’s employment status is determined not by their designation as ‘volunteers' but instead by a range of factors. These include whether:
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the volunteer is under direct supervision
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the volunteer needs to complete work in a given place during set times
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the volunteer is allowed to work for other organisations
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the volunteer is obliged to accept work
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materials, equipment and tools are supplied by the volunteer or the business
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the volunteer is paid any money
To minimise the potential for any confusion about the status of a volunteer, it is a good idea to have a Volunteering agreement in place. While a volunteer agreement is not a contract between an organisation and a volunteer, it sets out what both parties can expect from the volunteering experience.
Ensuring that your volunteers do not have an employment relationship with your organisation is important to avoid giving volunteers the rights and benefits that employees are entitled to (eg minimum wage, dismissal rights and rights regarding parental leave).
For more information about the legal status of volunteers, see the National Council for Voluntary Organisations (NCVO). If you have any questions, do not hesitate to Ask a lawyer.