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LAW OF THE REPUBLIC OF MOLDOVA

of June 18, 2010 No. 121

About volunteering

The parliament adopts this ordinary law.

Chapter I. General provisions

Article 1. Sphere of regulation and purpose of the law

(This law regulates 1):

a) spheres in which programs of stimulation of volunteering, the public relations connected with volunteering and following from it, the requirement to such relations, responsibility of participants of volunteer activities, responsibility of bodies of the public power for implementation of the law in life are implemented;

b) procedure and conditions of voluntary participation of physical persons in volunteer actions for benefit of society without receipt of payment or any other cash or material remuneration, except compensation connected with implementation of volunteer activities of costs.

(2) the Separate voluntary shares sporadic performed outside the relations with specified in part (3) legal entities or performed on the basis of family, friendly or good-neighbourhood, are not subject of regulation of this law.

(3) the Purpose of this law is:

a) promotion and support of participation of citizens of the Republic of Moldova, foreign citizens and stateless persons in the spirit of civil solidarity in the volunteer activities organized by the legal entities of the public law and legal entities of private law who are not pursuing revenue generating purposes;

b) establishment of measures for stimulation of volunteers and the attracting organizations.

Article 2. Basic concepts

In this law the following concepts are used:

volunteering - voluntary participation in provision of services, knowledge and abilities or in work in the field of public advantage on own initiative person called by the volunteer. Volunteering can be performed both under the agreement of volunteering, and without that conclusion;

the international volunteering - volunteer activities, long-term or short-term, gratuitously performed in the country, other than adoptive state or accommodation;

areas of public advantage are according to the law of the sphere: social and communal (local communities), the public assistance and protection, human rights protection, health care, culture, art, environmental protection, education, science, humanitarian, cults, charity, sport, the organization of volunteer activities, other areas having social significance;

the attracting organization - the legal entity of the public law or the legal entity of private law who is not pursuing the revenue generating purposes managing volunteer activities and signing contracts of volunteering according to this law;

the beneficiary of volunteering - physical person or legal entity for benefit of which volunteer activities are performed. The attracting organization can match the beneficiary of volunteering or to be other than it;

the agreement of volunteering - the agreement on a grant basis signed between the physical person which is referred to as with the volunteer, and the legal entity who is referred to as with the attracting organization on which the first shall before second perform certain activities in the field of public advantage without receipt of cash or material remuneration;

the volunteer - any citizen of the Republic of Moldova, the foreign citizen or any stateless person who in the spirit of civil solidarity participate in the volunteer activities organized by the legal entities of the public law or legal entities of private law who are not pursuing revenue generating purposes.

Article 3. Basic principles of volunteering

Volunteering is based on the following principles:

a) participation as the volunteer on the basis of free declaration of will;

b) active involvement of the volunteer in life of community;

c) implementation of volunteering without obtaining from the beneficiary of volunteering or the attracting organization of any cash or material remuneration, except compensation of the costs connected with implementation of activities;

d) recruitment of volunteers on the basis of equal opportunities and without any discrimination;

e) knowledge volunteer of the rights and obligations;

f) knowledge of the activities assuming contribution of volunteers;

g) participation in the international volunteering.

Chapter II. Volunteering relations

Article 4. Terms of the contract of volunteering

(1) Volunteering can be performed on the basis of the agreement signed in writing between the volunteer and the attracting organization on the principles of contractual freedom of the parties and with observance of provisions of this law.

(2) the Attracting organization shall sign the agreement of volunteering with the volunteer if he is busy with volunteer activities more than 20 hours a month.

(3) the Agreement of volunteering is drawn up in duplicate, one of which is on obligatory storage in the attracting organization, and the second is given to the volunteer.

(4) the Agreement of volunteering can be signed with persons which reached age of 16 years. Persons which reached age of 14 years can sign the agreement of volunteering from written consent of the legal representative.

Article 5. Contents of the agreement of volunteering

(The Agreement of volunteering shall contain 1):

a) the description of activities which the volunteer shall perform moderately the capabilities and opportunities;

b) period of implementation of volunteer activities;

c) specifying of hours and days of work;

d) the description of entrusted material values with indication of their cost;

e) rights and obligations of the Parties of the agreement;

f) provided by the attracting organization of privilege;

g) the established professional requirements, social skills, interests of development, if necessary - requirements to the state of health confirmed by the medical certificate and other documents;

h) responsibility of the party for damnification;

i) conditions of agreement cancelation and recognition by its invalid.

(2) If in course of execution of the agreement of volunteering for the reasons which are not depending on the parties there are circumstances complicating implementation of the obligations assigned to the volunteer, the agreement is reviewed.

(3) If in course of execution of the agreement of volunteering for the reasons which are not depending on the parties there are circumstances making impossible further agreement performance that is terminated at the initiative of one of the parties.

(4) Agreement cancelation of volunteering is unilaterally performed by the volunteer or the attracting organization on condition of the prior notice of it in seven days and without obligation of specifying of motives if other is not stated in the agreement of volunteering.

(5) the conclusion of the contract of volunteering with the purpose to avoid imprisonment of the individual employment contract or, on circumstances, the civil service provision agreement or any other similar agreement Is forbidden.

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