What first comes to mind when you hear the term “civil society organization”? Activism? Audits? Democracy? Board of directors? Members?
No, volunteers come to mind!
In fact, the spirit of volunteering comes to mind.
Who is responsible for the occupational health and safety of volunteers?
The latest field study conducted by STGM in 2024 reveals that 68% of civil society organizations carry out their activities with volunteers. However, there are significant questions regarding the obligations that volunteers bring to associations in terms of occupational health and safety.
When we consider volunteers as rights holders, according to the Social Insurance and General Health Insurance Law No. 5510, “volunteers” are not considered insured. The legal obligations under the Occupational Health and Safety Law No. 6331 apply only to employees (all full-time and part-time employees). Therefore, volunteers are outside the scope of Law No. 6331. In other words, volunteering does not form the basis of a social insurance relationship. Consequently, occupational health and safety issues applicable to employees do not apply to volunteers. On the other hand, when you encounter a situation that negatively affects the health of a volunteer in a civil society organization where you work as a volunteer, the issue of liability arises as a matter that associations should pay particular attention to.
According to the latest field study, only 29% of civil society organizations that operate with volunteer support have a written policy regulating their relationships with volunteers. This also indicates that 71% of CSOs have serious gaps in fundamental issues such as the selection, assignment, guidance, monitoring, and rights and obligations of volunteers. While both the limited approach of organizations on this issue and the legal gaps in the legislation are rightly criticized, discussions continue on whether legal restrictions focused on volunteers could be disproportionate, burdensome, and even dangerous for volunteer mechanisms. In this context, arguments have been made that legal regulations should not discourage volunteers, should not interfere with the organization's own decision-making mechanisms, should not increase the burden on small organizations, and should not negatively affect the spirit of volunteerism. Taking these existing debates into account, we would like to remind you that regulations should facilitate rather than control volunteering, and we have compiled issues that could positively affect the work of volunteers in terms of occupational health and safety as recommendations.
Within the scope of this study, we examined the relationship between rights-based CSOs and their volunteers and their work.* While the legal procedures for employees are handled through the Social Security Institution (SGK) in the legislation on associations, there is no legal clarity on how volunteers should be regulated in terms of occupational health and safety. Therefore, this article is based on important documents such as the volunteer declaration**, decisions taken for volunteer support***, volunteer agreement, and other important documents. We focused on the question of who would be legally responsible in the event of work-related accidents or illnesses that volunteers might experience during their time at the association, and what kind of guarantees could be provided to volunteers.
Who is this volunteer?
Literally, the Turkish Language Association (TDK) describes the word “volunteer” as an adjective meaning someone who willingly undertakes a task without any obligation, acting honorably. Here, we can generally refer to volunteers' motivation to benefit society as a whole rather than their own individual interests. A volunteer shares their time, knowledge, skills, and ultimately their labor in an area in need of improvement or toward a common advocacy-focused goal.
Legally, any real person who has legal capacity (is over 18 years of age, has the power of discernment, and has not been subject to a court order of restriction) can be a volunteer of their own free will. Children who have reached the age of 15 can volunteer and participate in volunteer activities with the written consent of their legal representatives.
Who is not a volunteer?
Employees, members.
However, both employees and members can also be volunteers for that organization. Nevertheless, this distinction is important in order not to treat volunteers as employees. At this point, it is necessary to distinguish between volunteering for an association and volunteering as a status. ****
On this topic, you can watch the videos we prepared under the heading “Relationships with Volunteers” in the “Scale Up Organisations" section of the STOK Capacity Building Program, and access information on decision-making for volunteers and country comparisons regarding volunteer declarations. *****
What is a volunteer agreement?
A volunteer agreement is a document that defines the mutual rights and responsibilities of volunteers and associations. It protects both parties. This agreement can detail how the organization will work with its volunteers in terms of occupational health and safety. The framework for working with a volunteer, the organization's obligations regarding occupational health, the rights and responsibilities of the volunteer and the association, the expenses to be covered, the mechanism to be followed in the event of a conflict, and feedback can all be addressed through this agreement. In practice, it is easier to advance these activities with volunteers through an orientation program and supervision. Addressing the relationship with volunteers in detail through volunteer contracts and orientation programs provides clarity and assurance for both parties.
Not to mention;
Considering that volunteering is one of the most important driving forces for almost all rights-based CSOs and an important part of the effort to create a supportive environment for rights-based organizations, organizations can renew their existing volunteer agreements by making a joint decision on how to act with volunteers in terms of occupational health and safety.
There are potential risks associated with the work we will be doing. So, can we work with volunteers?
If there are potential risks depending on the scope of the work to be done, individual health insurance and/or personal accident insurance can be arranged for potential accidents. This serves as a protective measure for both volunteers and organizations, safeguarding both parties against such potential mishaps.
In practice, organizations that conduct the process with a liability waiver are encountered. For potential risks, the process can be managed through a legal support line to defend the rights of volunteers through lawyers. In such risk-bearing work, the obligation to inform volunteers about the scope of the work and to provide information about potential risks lies with the organization. In short, in situations that pose a risk, this information must be provided, and volunteers can also be insured. In addition, CSOs should review potential risks before volunteer work and take precautions.
So what should we do?
Volunteering is a process that requires time and effort, and this situation has a direct impact on the health and occupational health of volunteers. Therefore, it is of great importance that associations show the same care to their volunteers as they do to their employees. Indeed, when it comes to volunteering, the organization's careful attitude toward its volunteers in terms of occupational health can be an important source of motivation for volunteers. In addition, to prevent labor exploitation in volunteer processes, it will be protective for both parties if the organization's volunteer policies include principles that protect labor and regulate relationships.
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* Civil society organizations working in disaster areas are not covered in this article.
** Obtaining a volunteer declaration forms the basis of volunteering. With this declaration, it is possible to determine important issues such as the volunteer activity of the association or organization, the duration of the project to be worked on, the scope of who will be working with, and who will provide supervision. In terms of evidence, it is important that the volunteer declaration is signed because it is the first document that must be considered in the event of any legal case between the volunteer and the organization. It is also recommended that an informed consent form be signed in accordance with the KVKK (Personal Data Protection Law) regarding the issues that need to be addressed in the volunteer declaration. It should be noted that the organization is not obligated to accept every volunteer through the volunteer declaration. Even if they are volunteers, the organization has the right to say “no” to individuals who wish to volunteer.
**** Is volunteering a panacea for everything, is it so easy to work with volunteers?
***** Volunteer Program Module
