May 15, 2023
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Legislative Proposals and Analysis
HCAV has studied the RA Law on “Voluntary work” and made observations regarding the gaps in the law. The recommendations were shared during the open hearings of the National Assembly.
The gaps are summed up below:
- According to part 1 of Article 6 of the RA Law “On Voluntary Work”, “Voluntary work can be performed in areas requiring special narrow professional knowledge only in case of having the relevant license or education or a document certifying the required qualification as required by the RA legislation for that work”. We find that this regulation in terms of not going in line with voluntary work goals. In particular, a person cannot apply for voluntary work to acquire new skills and experience, as he/she is not eligible to apply for that work.
- The study of the law indicates that voluntary work is considered the work, in case of which a person is engaged in voluntary work by an organization and there is an agreement signed between the parties on voluntary work. Noteworthy, voluntary work can be performed both in the frame of the Organization’s activity, as well as outside the scope of the Organization’s activity, such as voluntary work aimed at cleaning and improving the environment. A question arises as to between whom an agreement on voluntary work can be signed in this case.
- The law establishes that a volunteer’s insurance against accidents related to his/her voluntary work and occupational diseases is determined only in case of an agreement between the parties; in addition, there are no regulations for persons under 25 doing voluntary work. Whereas, according to the European Convention ratified by the RA, while doing voluntary wor, young people should receive food, accommodation, pocket money, and insurance should be envisaged in case of some health risks.
- Assessing positive the addendum to the RA Law on State Duty - enshrining the guarantee of exemption from state duty for plaintiffs filing a lawsuit in court regarding disputes in voluntary work - we recommend making an addendum to part 5 of Article 41 of the RA Law on Advocacy and envisage free legal assistance for volunteers in case of disputes related to voluntary work.
Read more about HCAV’s recommendations and gaps in the law.