Proposition 54K3428

Projet de loi modifiant la loi du 3 juillet 2005 relative aux droits des volontaires et d'autres dispositions légales en matière de volontariat.

General information ¶

Submitted by

MR Michel Ⅱ

Submission date

Dec. 14, 2018

Official page

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Status

Adopted

Requirement

Simple

Subjects

supervisory body unpaid work access to information indemnification allowances and expenses voluntary work

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI ∉ Open Vld N-VA MR PVDA | PTB PP VB

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Discussion ¶

Feb. 14, 2019 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, as a rapporteur, I would like to say that the report is very well written and that I have nothing to add to it.

However, as a member of the PS I have two brief considerations to formulate. Can I take the opportunity to express them here?

and yes.

Mr. President, I thank you.

First of all, I would like to say that this 2005 law on the rights of volunteers provided for an evaluation after ten years, which means that in 2015, at the end of the legislature, this bill is adopted. It was very good, even though the schedule was a bit pushy. But we are there and, as they said in Brussels, "It was high time!"

Next, we should thank the members of the Superior Council of Volunteers for the work carried out that allowed to make this evaluation and to bring the content of the bill. They have done a really important job, both in volume and quality. I wanted to signal it. They are really the spokesmen of all the volunteers of this country. Finally, their role is to enlighten us, politicians, government and Parliament, about the adjustments to this legislation to be adopted, both on the basic law and on any other topic that concerns volunteers.

I think the Higher Volunteer Council has perfectly played and fulfilled its role. He gave us valuable indications that lead to the examination of this bill.

We discussed this in the committee. On some points, we have had some exchanges, some amendments but, overall, the content is quite positive. It updated this Basic Law of 2005. The project is consensual. It was adopted unanimously.

Volunteering is very important to us, not only because it is very valuable to the volunteer himself, but also because it makes a significant contribution to society. Therefore, it is best organized as low as possible, so that anyone who wants to engage can do so voluntarily. Therefore, a clear legal framework that provides legal certainty is needed. The Volunteer Act of 2005 was a first initiative to create that framework, but after more than ten years the law was allowed to be revised, as Mr. Delizée rightly stated.

The High Council for Volunteers also assessed the law in its entirety and identified three working points: the legislation needed to be made clearer, the practice and interpretations by the various competent administrations needed to be made clearer, and additional measures needed to be taken to finance studies and raise awareness among citizens and organizations. The Supreme Council has therefore made several recommendations to improve the law, for which, of course, thank you.

The present draft law follows those recommendations. It should be better emphasized that volunteer work should be done voluntarily and that the only compensation that may be opposed to it is a cost compensation. However, all actual costs must be reimbursed. Therefore, it is good that those who, as volunteers, take care of the transport of persons, can also be reimbursed for all kilometers travelled. The fact that costs compensation is no longer subject to seizure is also positive.

We are therefore very pleased that today the revision of the law is ahead, creating even more legal certainty for volunteers and organizations. We will fully support the project.

Volunteering is very valuable in our society. For many, it really makes a difference: for the volunteers themselves, for the people and/or the purpose or organization that benefits from it, and for our society as a whole. We therefore support any measures that encourage volunteering, including clarifying the status of volunteers and further protecting them.

The present bill provides greater legal certainty, clarifies the law and provides better protection and recognition of the important role of volunteers in our society, but we also support the comments of the High Council for Volunteers.

The text could have gone further for us, for example, as regards the reporting obligation to the RVA for unemployed. That is currently an unnecessary logging procedure while volunteering can be extra valuable just for the unemployed. After all, it offers them the opportunity to develop competencies, enhance their self-esteem and self-confidence, if necessary, and build networks. All this has a positive effect on mental and physical well-being and possibly also on re-entering the labour market.

Although the reporting obligation for us, just like for the High Council for Volunteers, could simply be abolished, it is already a step in the right direction that there is an administrative circular that urges the RVA to jump more smoothly with that reporting obligation, so that the unemployed no longer experience an unnecessary barrier to get to volunteer work. Even if it could go a little further for us, including in this area, we realize that this bill means a step forward and is very welcomed by the field itself. We will approve this bill.

I comply with what my colleague Evita Willaert said. The principle of the text is a real step forward for volunteers, their rights and their work, which is important. We would have made other arrangements. I also wanted to clarify this, but we will support this text because it is a step in the right direction.

I take advantage of this plenary speech to bring back considerations of people from the field, whom we consulted for the analysis of this text. I would like to add two points to the debate we are holding in plenary.

The first tends to make a clear distinction between defraud and presence tokens, so as to ensure legal certainty for volunteers practicing management and to prevent problematic interpretation by the tax administration, drawn from the silence of the law.

The second element I wanted to draw attention to is the legal certainty that must be compared to the responsibility of volunteers practicing management.

We wanted to mention here these two elements, coming from our field contacts. Not everything is perfect in this law and that’s why I wanted to insist on these two points, but it goes in the right direction. We will therefore support this text.

We will also support this text.

With this in mind, I recall that the Superior Council of Volunteers has advocated certain things that have not been followed. This text is far from perfect. The clarity is insufficient according to several field actors, especially on legal certainty. This is the case with the volunteer administrator. This is also the case of civil liability issues, and the possible confusion between defrauding and presence tokens. This is the same for the part of the preliminary declaration to the ONEM, which must be made by the job seeker before exercising a voluntary activity. It would have been possible to facilitate access to volunteering. This is also one of the main demands of the Superior Council of Volunteers. This project does not take this into account. It is a pity for these different aspects.

We will vote on the text. However, it will be important to make it develop further in the future.

I think it was necessary to make a thorough evaluation of this law. I would like to thank the High Council for Volunteers for their efforts to improve the rights of volunteers.

I have already said in the committee that there are more than 1 million volunteers in our country. They are actually the glue in our social tissue.

Together with colleague Delizée, I was one of the initiators of the original law in 2005. We are the dinosaurs of this committee. I am very pleased that other committee members have also cooperated in a positive way.

Regarding the administrative burden, we could have gone even further. We have not been able to reach an agreement on this issue.

I would like to thank everyone who has contributed to improving the status of the volunteer and finding a solution to the semi-agoral work. The latter has always been a blind spot in this legislation.

Is this the ideal world? Is this all we can do? No, there is still work on the shelf, but that will be for the next government and the next minister.