Volunteering: peculiarities of labour legislation

The Labour Code of Ukraine does not contain any norms regarding labour relations between a volunteer and an employer. So how can a volunteer confirm his public activity? Unfortunately, the Labour Code of Ukraine (hereinafter - the “Labour Code”) does not contain any regulations regarding labour relations between a volunteer and an employer, and the provisions of Article 119 of the Labour Code, according to which the workplace and average earnings are preserved, does not apply to volunteers.

Thus, in case of absence of a volunteer employee at work, it may be recorded as absence for unknown reasons and, accordingly, the salary will not be paid. Even dismissal for absenteeism is possible.

So how can a volunteer prove his public activity?

The volunteer should inform the employer that he is doing volunteer work and how much time it will take.

Also, if possible, we advise a volunteer to provide a copy of the contract on conducting volunteer activity, a certificate or other confirming document from the organisation with which he cooperates.

In this case the employer will be able to calculate the volume of work and labour functions of the employee and avoid undesirable consequences.

Registration of the volunteer's absence at work

If the employee can combine work and volunteering, then in this case it is established:

• part-time work, i.e. part-time work day or week;
• partial payment, according to part-time working hours;
• remote work, if his work is not tied to a certain place;
• flexible mode of working hours, according to which the employee determines the work schedule at his own discretion.
• flexible working time regime, according to which the employer determines a fixed time.

However, all such changes regarding the employee's work process require a written statement from the employee and an order from the employer.

However, if volunteering does not leave time for the employee and the establishment of any kind of simplifications to his work schedule will not help, in this case, he has the right for a leave under the following conditions:

• annual basic or additional leave is granted at the employee's request through the application of Article 12 of Law of Ukraine "On the Organization of Labour Relations under Martial Law". It should be noted that these provisions also provide for the possibility for the employer to deny the employee any type of leave if such an employee is involved in performing work on critical infrastructure facilities;
• leave without pay is granted at the employee's request and for reasons of quarantine or martial law.