In France, more than 13 million people, or 24% of the population, get involved in an association without anything in return. Full-time or part-time and even if volunteering attracts many people, there are conditions. In order for volunteer actions to be supervised, for relations with the association to be normalized, and for the results to be at their best, all you have to do is make a volunteer contract. Indeed, it would be better to establish one, but what exactly is it? Is it mandatory by law to write one? What clauses should be included in this volunteering agreement?

Find out in this article:

• What is a volunteer contract?
• What are the advantages of a volunteer contract for the face-to-face part?
• How to draft a contract between your association and a volunteer?

We answer all your questions, enjoy reading.

Volunteer contract: what is it?

The main objective of this contract is to guarantee the protection of the person involved in an association and to ensure that his or her function remains as close as possible to what it is.

Indeed, the title of volunteer implies freedom of commitment. There is no sanction or obligation against this approach. If we use the term “voluntary contract” here, it is because it is necessary to consider it as a moral contract, a kind of agreement. It is in this way that it is preferable for many to use the term “reciprocal commitment agreement”.

Employment contract and volunteer contract: the differences

“The volunteer is the one who freely commits himself to carry out a non-salaried action, not subject to the obligation of the law, outside his professional and family time.”

Thanks to this definition, we can distinguish the first big difference: the opposition between the employment contract and the volunteer contract.

As the volunteer contract is not defined by law (and therefore not mandatory), its nature is therefore entirely free and it is an asset in the management of an association. However, there are still criteria to consider:

• Regardless of the payment solutions, no salary is paid to the volunteer. Only the expenses resulting from his activity such as equipment, accommodation, travel etc… are possible. These are the one and only money flows exchanged between the two parties
• Since no employment contract is established, the leaders of the associations have no rights over the volunteers. They can neither sanction them nor give them orders.
• Its functions must be based in a free and voluntary way. The volunteer remains above all independent, and has the choice to leave his or her activities within the association without procedure or complication.
• Refusal to carry out an assignment, absences, abandonments, etc. Volunteer work is founded by its free and independent nature. It is here that this convention will take on its importance, because it makes it possible to protect and support the fundamental principles of voluntary commitment. For the volunteer as well as for the association, it helps to avoid any conflict or embarrassing situation.

Unlike the status of employee, the volunteer does not benefit from social security coverage. This contract can still cover work accidents, if the request is mentioned.

It is not mandatory to join to be a volunteer

Contrary to what one might think, it is not necessary to be a member to volunteer in an association. The members are most of the time assigned with the board as the only shareholders of the association. Their number generally put forward attests to their energy and good will.

By financing a membership fee due to his subscription, the member will be able to have access to certain rights reserved exclusively for members.

It is these rights that the difference between member and volunteer remains. By taking advantage of the services provided by the association, the volunteer is responsible for ensuring the smooth running of the activities.

It is then possible to become a volunteer without membership and payment of contributions. The fact remains that it is rare for a volunteer not to be a member at the same time. Indeed, by calling himself a volunteer, the volunteer is attached to a cause, a goal that is dear to him. It is therefore advantageous to take advantage of it!

Advantages of a volunteer contract for the face-to-face part

Privileges for your volunteers

As mentioned above, the contract for the volunteer does not establish any obligation. Even if it is not imposed, it brings together many advantages for the volunteer.

Initially, unlike the members and members of the office, the status of volunteer remains uncertain. You may have already given a hand to an association without necessarily being a member: this complicates the degree of action and responsibility of the voluntary activity.

This is where the volunteer contract will play its role, it will be able to formalize the action of the volunteer. A real status was given to him and allowed him to be recognized by all. This recognition can only bring positives, both for the volunteer and for the association. It brings fairness and official admission to the member of the association and allows a real integration into the group!

In addition, this contract provides a real social link and protection for members. In some cases, it can represent real security for the volunteer. The contract will take into account the volunteer’s actions. If ever an association uses its status to give it orders or obligations, He will then allow it to protect itself

It is therefore really interesting to take advantage of this “charter of mutual commitments” to shape the relationships and expectations of all members. The contract is not binding, on the contrary, it establishes the foundations. It is also important to note: employees can take advantage of the 2016 Labour Law. This will allow managers to allocate paid leave days to employees so that they can engage in any voluntary activity. It is a measure that reinforces commitment for people who are hesitant to commit due to lack of time.

The advantages of the contract for associations

If this contract provides volunteers with many advantages, the same seems to be true for the heads of the associations.

And yes, it is not an easy task for an association leader to manage teams combining volunteers and employees. While volunteers are not subject to any obligation, employees are required to respond. The mix of all these profiles can lead to a very delicate management method and thus cause hierarchy problems. The way of managing volunteers and employees is impossible to be the same.

Bringing together the modalities required for an efficient and user-friendly collaboration promises to be very complicated.

This is why the volunteer contract will be able to establish healthy and solid rules so that everyone feels good. It may happen that the volunteer is required to comply with certain imperatives. Rules of cohabitation, responsibilities, activities…

This elaboration of requirements and expectations will also make it possible to avoid encountering “free riders”. These are the people who appear as volunteers without any demonstration of involvement. It is necessary to pay attention to them and avoid them, because it is an obstacle to the proper functioning of the association.

If it is not as demanding as the employment contract, the volunteer contract is able to set out its expectations.

For example:

• Respect for ethics, functioning, internal regulations and statutory provisions;
• Involvement and commitment in the missions and activities entrusted to you;
• Benevolent collaboration with all the other members of the association, volunteers or not;
• Participation in scheduled meetings;
• Observance of an obligation of discretion in all places;
• Keep the person in charge informed if it is impossible to attend the scheduled appointment.

The status of the volunteer is unique, his duty complements that of the employee, constituting no competition to paid tasks. This volunteer contract sets things straight and avoids any misplacement between paid work and volunteering. It is absolutely necessary to prevent the association from finding itself in an uncomfortable situation of requalification (such as the payment of social security contributions for example), but also to prevent volunteers from paying the price of a disguised salary. In the event of reclassification, a penalty of 45,000 euros in fine and 3 years of imprisonment will be applied thanks to the labor law to the “employer” who has practiced wage concealment. It is therefore better to put together a volunteer contract rather than incur 3 years in prison and a €45,000 fine.

How to Write a Contract Between Your Association and a Volunteer

The volunteer contract can be drawn up in all possible ways. Indeed, there is no framework, no form, no content, everything is free. Be careful not to forget some important information.

Here is a list of elements that you can possibly add to your volunteer contract:

• The times and places for which the volunteer agrees to be available for the association,
• The responsibilities, missions and activities entrusted to them,
• The terms and conditions for terminating the contract (notice period, notification, etc.),
• The mutual obligations of each party.

This arrangement is first and foremost a kind of dialogue between the volunteer and the association around common values, causes and objectives but also limits and coercion.

There are many things that parties need to consider when it comes to:

• information: to establish good conditions so that everyone can be aware of the objectives and projects of the association throughout the year. Meetings and relationships between managers, volunteers and employees can help achieve this objective
• Reception and integration: volunteers must feel committed and important in the association, they can then feel confident and ask for access to specific missions according to their skills and motivations. You who are an association, encourage them!
• management and skills development: each of the parties can commit to creating good conditions, a good user-friendly integration by taking care to communicate on the problems encountered.
• Insurance coverage: the association and its volunteer have the right to ask questions related to their protection for the risks of accidents caused or suffered in the course of the activities carried out.
• financial problems: such as reimbursements, expenses incurred, etc.

There you go! You now have the keys to establish a beautiful volunteer contract. There are a few things to get out of the way, though. What should not be included in this contract? In this case, it is necessary to avoid at all costs:

• The mention of a relationship of subordination (activity report, work control, etc.),
• The mention of a different consideration for the reimbursement of expenses

We hope that this article has answered the essence of the questions you were asking.

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