Term and legal classification: Volunteers
The term volunteers refers to persons who, without legal obligation and generally without remuneration, take on activities on their own initiative and in the public interest. This definition covers various fields of activity, including social, environmental, cultural, or sports-related engagement. volunteers are also often referred to as honorary workers; however, in certain legal contexts, a distinction can be made between the two terms. While ‘honorary office’ often refers to an activity linked with public duties, the term ‘volunteer’ primarily characterizes the self-motivated and self-responsible assumption of a task.
Forms of volunteer involvement
Social engagement
In the social sector, volunteers are, for example, active in caring for the elderly, child and youth welfare, or with aid organizations such as the German Red Cross, Caritas, or Diakonie. The type of tasks assumed and the legal framework differ depending on the organization and field of activity.
Disaster and civil protection
The involvement of volunteers in the field of disaster relief, civil protection, and hazard control is of significant legal relevance. Volunteer fire departments, for instance, are a vital pillar of public safety in Germany. Specific regulations exist here, including in the fire services acts of the federal states, the Federal Disaster Control Act, and the Civil Protection Act.
International and development cooperation
Volunteers may also become involved as part of voluntary services such as the Federal Voluntary Service, the Voluntary Social Year (FSJ), or in international projects (e.g., ‘weltwärts,’ ‘European Voluntary Service’). Each of these services is subject to its own statutory provisions and regulations.
Other areas
Other fields of activity include, among others, lay judges (Schöffen), sports clubs, cultural projects, as well as citizens’ initiatives.
Legal basis and legal status of volunteers
No employee status
Volunteers are generally neither employed nor civil servants. In principle, there is no entitlement to remuneration, leave, or other employment law benefits. If volunteers receive expense allowances, this does not, in principle, affect their legal classification, provided there is no intention to earn income and the engagement continues to meet the characteristics of voluntary, altruistic activity.
Contractual relationships and liability
The work of volunteers is often governed by engagement agreements which specify the rights and obligations of both parties. From a legal perspective, these are generally contracts for services without remuneration (§§ 611 ff. BGB), although various special provisions—such as regarding insurance coverage or liability—may apply (see below).
With respect to liability, volunteers are, in principle, liable under the civil law provisions of the German Civil Code for damage they cause negligently in the course of their duties. However, statutory liability privileges regularly apply, especially for activities in the public interest. The organizations with which volunteers are involved usually carry supplementary insurance (liability insurance, accident insurance) for this purpose.
Social law classification
Volunteers are treated preferentially under social security law: As a rule, there is no obligation for social insurance. Exceptions may arise for certain voluntary services, provided they are performed as a formal service; special laws then govern their social security status.
Regarding statutory accident insurance, volunteers are generally insured during their activities and while commuting directly. The insurance is provided by the organization’s respective carrier, or—in the public sector—by the accident insurance providers of the federal states and municipalities (§ 2 SGB VII).
Special statutory provisions for voluntary services
Federal Voluntary Service
The Federal Voluntary Service (BFD) as an independent form of engagement is legally regulated by the Federal Volunteers Service Act (BFDG). Participants receive pocket money, insurance protection, and opportunities for training and support. From a social security law perspective, they are largely treated in the same way as employees, but are expressly excluded from employee status.
Voluntary Social or Environmental Year
The Voluntary Social Year (FSJ) and the Voluntary Ecological Year (FÖJ) each have their own legal basis—the Youth Voluntary Services Act (JFDG)—which defines the framework, rights and obligations of the volunteers and of the places of assignment.
Honorary work in the public sector
In the public service sector, such as with honorary mayors, municipal councillors, lay judges, or expert citizens, the relevant regulations are found in the Municipal Code, municipal constitutional law, the Courts Constitution Act and related federal state laws.
Tax law aspects
Expense allowance and honorary allowance
Volunteers may receive expense allowances or the so-called honorary allowance under § 3 no. 26a EStG. These payments are tax-free within statutory maximum limits. For tax purposes, exceedance of these allowances may lead to taxation as income from self-employment.
Deductibility of donations
Expenses incurred in the course of volunteering can, under certain circumstances, be claimed as donations for tax purposes, unless they have already been reimbursed as an expense allowance.
Data protection requirements
Volunteers often come into contact with personal data of third parties. In this context, the General Data Protection Regulation (GDPR) as well as the Federal Data Protection Act (BDSG) must be observed without exception. Organizations are required to instruct volunteers in the applicable data protection rules and draw attention to the obligation to maintain special confidentiality.
Prohibition of discrimination and principle of equal treatment
For organizations working with volunteers, the provisions of the General Equal Treatment Act (AGG) apply. Discrimination in the selection, deployment, or treatment of volunteers is not permitted.
Insurance protection
Statutory accident insurance
Within charitable or publicly funded engagement, insurance coverage exists through the statutory accident insurance (§ 2 SGB VII). This covers accidents occurring during the activity as well as on direct routes to and from the place of activity.
Liability insurance
Many organizations offer their volunteers additional liability insurance that covers cases of damage caused by voluntary work. The exact scope of protection is usually determined by the rules of the federal government, the states, or the respective provider.
Other insurance
Private accident or legal protection insurance can be concluded between employer and volunteer if special risk coverage is required.
Other legal considerations
Participation and rights of co-determination
Volunteers generally have no direct right of co-determination within the organization they support but can participate in decision-making processes through club or organizational statutes.
Obligation of confidentiality and loyalty duties
Volunteer work can entail special duties of confidentiality or loyalty, for example, when working with vulnerable persons or when accessing sensitive information. There are often additional agreements or codes of conduct in this regard.
Age and minors’ law
Special provisions apply to underage volunteers. The Youth Labor Protection Act (JArbSchG), the German Civil Code (BGB), and, in some cases, child and youth welfare law apply. Legal guardians must generally give consent for minors to participate as volunteers.
In summary, the legal status of volunteers is complex and shaped by a wide variety of special statutory provisions, protective regulations, and tax privileges. The precise legal situation depends essentially on the field of activity, the sponsoring organization, and the individual structure of the engagement. Fundamentally, free will and altruism are the defining characteristics of voluntary activity under the German legal system.
Frequently asked questions
What legal requirements exist for the deployment of volunteers in an organization?
Depending on the type of organization and activity, different legal requirements must be observed for the deployment of volunteers. In principle, there is no duty to work; participation is always voluntary and unpaid. Nevertheless, employment law, liability issues, insurance coverage (accident and liability insurance), and data protection requirements must be considered in particular. In certain areas, such as work with children or vulnerable persons, an extended police clearance certificate may be required by law. Organizations are further obliged to ensure a clear separation from dependent employment to prevent pseudo self-employment or circumvention of minimum wage laws. Many federal states and organizations additionally regulate the framework conditions in their own statutes or regulations.
Do volunteers have to sign a contract?
A formal employment or service contract is not required for volunteers, but for legal certainty and transparency it is advisable to enter into a written agreement. In this so-called volunteer agreement, tasks, working hours, instructions, insurance, and confidentiality obligations are set out. The agreement should explicitly state that it does not constitute an employment relationship. Sometimes funding programs, providers, or insurers make such agreements mandatory.
Is there insurance coverage for volunteers and who bears the costs?
Volunteers are generally not subject to statutory accident insurance in the same way as employees. Nevertheless, they enjoy statutory accident insurance protection under § 2 (1) no. 10a SGB VII if they work on behalf of or in the interest of a public or charitable organization. The costs for this are usually borne by the organization or the public sector. In addition, liability insurance is advisable to cover damage to third parties. Umbrella organizations or group insurance policies often provide coverage for their members. In self-initiated activities, volunteers may need to provide private coverage.
Which labor law provisions apply to volunteers?
Classical employment law does not generally apply to volunteers, since there is no employment relationship as defined by § 611a BGB. In particular, there is no entitlement to wages, protection against dismissal under the KSchG, maternity protection, or specific collective regulations. In individual cases, however, what is known as ‘factual employment’ or a concealed employment relationship may exist, for example, if remuneration is paid for the activity and the provider has the right to issue instructions. In such cases, labor law protection provisions apply. Demarcation should, in case of doubt, be checked on a case-by-case legal basis.
Do organizations have to observe data protection regulations when working with volunteers?
Yes, organizations must comply with the requirements of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) when handling volunteers’ personal data. This includes, in particular, providing information about data processing, obtaining consent where necessary, ensuring data security and access control. In addition, volunteers must be informed about their rights, especially their rights to information, rectification, and erasure. Processing data for other purposes (e.g. advertising) is not permitted without consent.
May minors be engaged in volunteer work, and what legal specifics must be observed?
The engagement of minors is subject to special legal regulation. Under the Youth Labor Protection Act (JArbSchG), the employment of children (under 15 years) is generally prohibited; exceptions exist, for example, for school or charitable purposes with parental approval and under specific temporal and content-related restrictions. Young people aged 15 and over may take on certain tasks, provided these comply with the law. This includes in particular limitations on daily working hours, mandatory breaks and rest periods, as well as a ban on dangerous or hazardous work. In many cases, the written consent of legal guardians is required.
