As an expat, it can be difficult to feel at home in a new country. Especially in the autumn- and winter months, most of the Dutchies tend to meet up with each other in the comfort of their own home. Meeting new people, learning the language and getting to know the culture can seem challenging in these circumstances. It can therefore be a welcome addition to life in the Netherlands to consider volunteering.
It is important to be informed of the legal aspects of volunteering in the Netherlands and how to combine it with your paid work. Below an overview of the key legal considerations if you are considering to volunteer by Amber Willemsen, GMW lawyers
It starts with a contract
While it is not mandatory to put volunteer work arrangements in writing, it is usually advisable to do so. That way, there can be no discussion afterwards about the agreements made. Apart from the obvious agreements such as working times and volunteering tasks, you can think of agreements on travel reimbursement or other expense reimbursements, if you are required to follow trainings and who will bear the costs of the trainings. It is important that a suitable insurance is concluded for you, especially if the work you will do involves other people.
Visa and working permit
Before you start volunteering, it is a good idea to check whether your residence and/or work permit allows you to volunteer. EU/EER and Swiss citizens do not require a working permit to volunteering work.
(employment) rights
While as a volunteer, you are not an employee and do not fall under Dutch employment law, you are entitled to a safe and healthy working environment. The organisation where you intend to volunteer should take into account the relevant rules of the Health and Safety law. Among other, organisations should identify work-related risks and reduce them as much as possible, but the organisations should also ensure, for example, that there is a safe working atmosphere where bullying is not tolerated. In the event that you suffer damages in the exercise as a volunteer – for instance, you get into an accident and are injured – the organisation may be liable for your damages.
Volunteering and (paid) employment
In addition, it is wise to check whether your employment contract permits volunteer work. Generally, an employer may not prohibit side work unless he has a compelling business interest in doing so. Such an interest may lie in compliance with the Working Hours Act. In other words, if volunteering work next to your normal work would lead to exceeding the maximum number of allowable working hours, then the employer could have a good reason to prohibit (partly) the voluntary work. Incidentally, the Working Hours Act does not apply to workers earning more than three times the minimum wage. The employer may also have a compelling business interest if voluntary work would conflict with the paid work, for instance if the involved organisations are competitors.
Conclusion
Volunteering can be a great way for you to integrate into Dutch society and develop new skills. By being aware of the legal aspects, you can ensure that your volunteer work is both legal and safe. When in doubt, always consult a legal advisor for specific questions and guidance.
Amber Willemsen is a lawyer within the Employment law section at GMW lawyers. She represents both national and international employers and employees in various employment law matters. Amber is an excellent lawyer, involved and likes to think along with clients to achieve practical solutions.
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