I have a volunteer contract
I have a volunteer contract
"I work for an association with which I have signed a voluntary contract. I don't earn a salary, but I sometimes get meals or access to events. The association is offering to pay for training to obtain a licence, on condition that I remain a member for another 3 years and make the licence available during that time. Is a volunteer contract a type of employment contract? Do I have to pay back the training if I want to leave before 3 years have passed?
C.
Unlike voluntary work, an employment contract is based on the principle that a salary is owed to anyone who puts themselves at the service of others. The fact that the association offers you certain benefits from time to time does not in itself constitute a salary. Consequently, your contractual relationship is not a contract of employment, since anyone who agrees to work for free is not subject to such rules. Furthermore, you will not find any provision in the Code of Obligations that specifically regulates a voluntary work contract; it is one of the "innominate" contracts. However, in order to ensure a minimum level of protection for the person providing the service, legal doctrine and case law apply in certain cases, by analogy, the provisions that are favourable to the employee and designed to protect him or her.
You are therefore free to define the content of your "volunteer contract", subject to the basic rules of contract law and bearing in mind that certain provisions protecting employees will apply to volunteers.
Since, under employment law, only the costs of training necessary for the performance of the work are compulsorily borne by the employer, the association may offer to bear the costs of such training, but cannot under any circumstances be obliged to bear them. This issue is therefore not covered by the provisions of employment law or by the rules relating to associations in the Civil Code (CC). An agreement therefore needs to be signed specifying the conditions for making the licence available, reimbursement in the event of departure, and setting a reasonable duration with degressive reimbursement taking into account the costs incurred.
With regard to "early departure", you should be aware that Article 70 CC enshrines the right of each member to leave the association by giving six months' notice. Neither the Articles of Association nor an agreement between the member and the association may restrict this right. The repayment terms should therefore be linked to the duration of the licence rather than the duration of your membership.
