Law No. (5) of 2018
Regulating
Volunteer Work in the Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (5) of 1985 Issuing the Civil Code
of the United Arab Emirates and its amendments;
Federal Law No. (3) of 1987 Issuing the Penal Code
of the United Arab Emirates and its amendments;
Federal Law No. (2) of 2008 Concerning
Public-benefit Civil Society Associations and Establishments;
Law No. (8) of 2015 Concerning the Community
Development Authority in Dubai;
Law No. (12) of 2017 Regulating Civil Society
Organisations in the Emirate of Dubai;
Decree No. (9) of 2015 Regulating the Raising of
Donations in the Emirate of Dubai;
Executive Council Resolution No. (20) of 2011
Regulating Social Work Professions in the Emirate of Dubai; and
Executive Council Resolution No. (9) of 2015
Regulating the Work of Social Service Providers in the Emirate of Dubai,
Do hereby issue this Law.
This Law
will be cited as "Law No. (5) of 2018 Regulating Volunteer Work in the
Emirate of Dubai".
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The
Emirate of Dubai. |
|
CDA: |
The
Community Development Authority in Dubai. |
|
Director
General: |
The
director general of the CDA. |
|
Government
Entity: |
Any of
the Government departments, public agencies or corporations, councils, authorities, or any similar
public entity affiliated to the Government of Dubai, including the
authorities supervising Special Development Zones and free zones, including the Dubai International
Financial Centre. |
|
Volunteer: |
Any
person who, willingly and under no duress or coercion, dedicates himself to
performing Volunteer Work without pay. |
|
Volunteer
Work: |
Any
work that is aimed at achieving public benefit and carried out in accordance
with the governing framework of a Volunteering Agreement under which a Volunteer contributes, by his own choice and
outside of his family circle, his time, effort, or skills with no intent to
derive any material gain for himself. |
|
Volunteering Agreement: |
A
written agreement governing the relationship between a Volunteer and a Volunteer Work Organising Entity. |
|
Volunteer
Work Organising
Entity: |
Any
Government Entity or private entity, including Civil Society Organisation licensed to operate in the Emirate. |
|
Civil
Society Organisation: |
A Civil
Society Association or a Civil Society Establishment established pursuant to
the legislation in force in the Emirate. |
|
Specialised
Volunteer Work: |
The Volunteer
Work whose performance requires the Volunteer to have specific qualifications
or experience, or to meet specific requirements that exceed those necessary for undertaking
non-specialised Volunteer Work. |
|
Corporate
Volunteer Work: |
Volunteer
Work carried out in the Emirate by Government Entities or private entities,
including Volunteer Work carried out by Civil Society Organisations through their members. |
|
Volunteer
Work Team: |
A group
of individuals who form together a team to perform Volunteer Work in areas of common interest in
accordance with the provisions of this Law and the resolutions issued in
pursuance hereof. |
The
provisions of this Law will apply to all natural and legal
persons who engage in any work or activities relating to Volunteer Work in the
Emirate.
This Law will have the following objectives:
1. to regulate Volunteer Work in the Emirate and set
the rules that ensure the motivation and protection of Volunteers and the groups benefiting from
Volunteer Work;
2. to promote social responsibility among community
members, and
instil the volunteering culture in them;
3. to encourage initiatives and positive engagement in various
activities that benefit the community; and
4.
to
utilise the leisure time of natural persons and unlock their human potential for serving the
local community through
Volunteer Work.
For the
purpose of achieving the objectives of this Law, the CDA will have the duties
and powers to:
1. develop, and supervise the implementation of, the
plans and general policies for regulating Volunteer Work in the Emirate;
2. encourage Government Entities, private entities,
and Civil Society Organisations to launch initiatives
that involve Volunteer
Work in the Emirate;
3. prepare awareness programmes on the importance of
Volunteer Work to promote the culture of volunteering and solidarity among all
segments of the community;
4. promote
participation in Volunteer Work
through coordination with various Volunteer Work Organising Entities in the Emirate;
5. approve, in coordination with Volunteer Work Organising Entities, the Volunteering Agreement template;
6. create a database for registering Volunteers in the Emirate and recording their details; and issue identification cards
for them;
7. issue certificates to Volunteers, upon their
request, stating the type and number of hours of Volunteer Work in
which they have participated;
8. assist Volunteer Work Organising Entities in recruiting Volunteers and provide such
entities, based on the nature of their activities, with the details of such
Volunteers;
9. represent the Emirate at regional and international
forums on Volunteer Work;
10. cooperate and coordinate with federal and local
government entities, private entities, and Civil Society Organisations, on all
matters related to performance of Volunteer Work;
11. recognise Volunteers, Volunteer Work Organising Entities, and entities engaged in Corporate
Volunteer Work;
12. examine and decide on the complaints received from Volunteers, Volunteer Work Organising Entities, and Volunteer Work
beneficiaries; and
13. exercise any other duties or powers that are
required for the achievement of the objectives of this Law.
Volunteer
Work Organising Entities
and Volunteer Work Teams may not perform, or allow others to perform through
them, any Volunteer Work without first obtaining the relevant permit
from the CDA. The terms, requirements, and
procedures for issuing such a permit will be
determined pursuant to a relevant resolution issued by the Director General.
a. Specialised Volunteer Work will be organised
through the programmes adopted by the Volunteer Work Organising Entity in coordination with the CDA.
b. To participate in Specialised Volunteer Work, a Volunteer must:
1. satisfy all the conditions required for practising
the profession that is relevant to the Specialised Volunteer Work, including
obtaining the required licences or permits from the competent entities; and
2. meet the technical requirements and standards
prescribed by the Volunteer Work Organising Entity.
c. The CDA will issue the
permits required for Volunteers to perform Specialised Volunteer Work upon
satisfying the conditions prescribed by this Law and
the resolutions issued in pursuance hereof, and upon obtaining the approval of
the Volunteer Work Organising Entity.
a. Volunteer Work is part of the corporate social
responsibility of Government Entities and private entities in the Emirate
towards the local community.
b. Specific
times within the official working hours of Employees of Government Entities and private
entities in the Emirate may be allocated to performing various types of
Volunteer Work by these employees as representatives of their respective
entities, without prejudice to their employment rights.
c. Government Entities and private entities in the Emirate must coordinate
with the Volunteer Work Organising Entities prior to nominating any of their
employees to perform Corporate Volunteer Work. Government Entities and private
entities will bear the responsibility and be liable for any consequences arising from the Volunteer
Work performed by their employees.
d. The number of hours contributed by an employee, as
a representative of his entity, to Corporate Volunteer Work will be counted
towards his Volunteer Work hours approved by the CDA, and he will be subject to
the same provisions stipulated in this Law in respect of Volunteer Work permits, and the procedures for registering volunteers
and their
rights and duties.
a. Volunteers may form teams to participate in Volunteer Work in the Emirate as a group,
provided that these teams are registered in the database maintained by the CDA.
b. The forms and types of Volunteer Work Teams, and
the requirements and rules that they must meet, will be determined pursuant to
a relevant resolution issued by the Director General.
c. The CDA will issue the
permits required for
Volunteer Work Teams to participate in Volunteer Work upon satisfying the conditions stipulated in this Law and the resolutions issued
in pursuance hereof.
d. Members of Volunteer Work Teams will be subject to
the same provisions stipulated in this Law and the resolutions issued in
pursuance hereof in respect of Volunteer registration procedures, and
other stipulations.
e. Without prejudice to the exemption from liability
conditions and rules stipulated in Article (17) hereof, all
Volunteers on the
Volunteer Work Team will bear the responsibility
and be liable for the consequences arising from the Volunteer
Work they perform.
No
Volunteer or Volunteer Work Team may raise, or allow the raising of, Donations,
or advertise the same through any
means whatsoever, without first notifying the CDA and obtaining the approval of
the concerned entity in this regard.
For purposes of implementing this Law, a
Volunteer Work Organising Entity must:
1.
determine, and provide the CDA with,
the Volunteer Work standards and rules adopted by it;
2.
determine Volunteers' categories and
the type of activities each category can perform, ensuring that the Volunteer
Work suits the qualifications, and intellectual and physical abilities, of
Volunteers;
3.
train Volunteers on the work
assigned to them and enable them to demonstrate and refine their talents in a
manner that ensures that their capabilities are properly benefited from;
4.
register the names and personal
details of Volunteers, the type of Volunteer Work assigned to them, and the
number of hours they volunteered onto the relevant database maintained by the
CDA;
5.
provide Volunteers with the
equipment, supplies, and information required for the performance of the
Volunteer Work assigned to them;
6.
provide Volunteers with insurance
coverage against injury, infection, and third party civil liability in respect
of the Volunteer Work determined by the CDA;
7.
bear all expenses and costs incurred
in respect of Volunteer Work, including treatment expenses
and costs
required to remedy any harm sustained by the Volunteer in the course of performing
Volunteer Work, provided that the harm results from a
fault committed
by the Volunteer Work Organising Entity;
8.
ensure
the safety of Volunteers and Volunteer Work beneficiaries from any damage that
they may sustain as a result of Volunteer Work by developing, in coordination
with competent entities, the prevention and safety procedures system;
9.
not
engage any Volunteers in Volunteer Work unless they are registered with the CDA
for performing this type of work;
10. not assign Volunteers to
perform Volunteer Work that exceed four hundred and twenty (420) hours for the
Volunteer Work Organising Entity per year;
11. supervise Volunteers and
verify that they have properly performed the Volunteer Work; and
12. grant Volunteers certificates
of appreciation and recognition in case of optimum performance of Volunteer
Work.
A Volunteer Work Organising Entity will
engage Volunteers pursuant
to the Volunteering Agreement prepared
by the CDA for this purpose. This agreement must provide for all matters
regulating the relationship between Volunteers and the Volunteer Work Organising Entity, particularly:
1.
the subject of Volunteer Work, and
the methods of, and number of hours required for, its performance;
2.
the term and renewal conditions of
the Volunteering
Agreement. In any event, the term of a Volunteering
Agreement may not exceed the period required for completion of the Volunteer
Work;
3.
reimbursement of the financial costs
incurred by the Volunteer in the course of performing Volunteer Work, depending
on the nature of this work;
4.
the nature of risks associated with
the Volunteer Work, and the means of Volunteer protection, such as insurance
against injuries and infections, where required;
5.
the obligations that a Volunteer
must observe in performing Volunteer Work;
6.
the measures that may be taken
against the Volunteer in case he breaches any of his obligations under the
Volunteering
Agreement, this Law, and the resolutions issued in pursuance hereof; and
7.
any other information determined by
the Volunteer Work Organising Entity and as necessary for regulating the
relationship between the Volunteer Work Organising Entity and the Volunteer.
A Volunteering Agreement expires in any
of the following cases:
1.
upon completion of the Volunteer
Work, or expiry of the term of the Volunteering
Agreement;
2.
where one party to the Volunteering
Agreement notifies the other party of their intention to terminate the
Volunteering
Agreement prior to its expiry, provided that this notification is in writing
and is sent within a reasonable period prior to the expiry of the term
specified in the Volunteering
Agreement;
3.
where either party to the Volunteering
Agreement breaches his obligations thereunder;
4.
where the Volunteer dies or suffers
an illness that prevents him from performing the Volunteer Work; or
5.
where a custodial sentence is
imposed on the Volunteer pursuant to a definitive court judgment.
A
Volunteer must meet the following
requirements:
1. not be under the age of eighteen (18). A person
under this age may perform Volunteer Work with the consent of his guardian,
custodian, or any other person of similar status;
2. be of good character and repute and not have been
convicted of any felony or other crime affecting honour and trustworthiness,
unless he has been rehabilitated;
3. be medically fit for Volunteer Work;
4. be registered with the CDA as a Volunteer; and
5. satisfy any other conditions determined by the relevant resolution issued by the Director
General.
A
Volunteer enjoys the following rights and privileges:
1. be assigned Volunteer Work that is commensurate
with his qualifications and mental and physical abilities, and held free from
any harm whatsoever;
2. be informed of the nature of the Volunteer Work he
will perform;
3. be informed of the internal regulations adopted by
the Volunteer Work Organising Entity in respect of Volunteer Work;
4. be treated with respect and appreciation by all
employees of the Volunteer Work Organising Entity, and be treated equally to other Volunteers
and without discrimination;
5. be provided with a suitable environment that ensures that the
Volunteer performs the Volunteer Work assigned to him in the best manner
possible;
6. be awarded appreciation and recognition
certificates from the Volunteer Work Organising Entity upon the completion of the Volunteer Work
in which she participated;
7. not be assigned to perform the regular work and activities
of the Volunteer Work Organising Entity or those related to its organisational
functions; and
8. be granted any other rights stipulated in the
Volunteering Agreement.
A
Volunteer must:
1. abide by his Volunteering Agreement with the Volunteer Work Organising Entity;
2. complete the Volunteer Work on time with sincerity,
proficiency, and excellence;
3. respect the customs and traditions of the local
community and avoid any act that may violate the rules of proper conduct;
4. observe the principles, objectives, and rules of
Volunteer Work adopted by the Volunteer Work Organising Entity;
5. respect other Volunteers and employees of the
Volunteer Work Organising Entity and work with them as a team;
6. not disclose the secrets and personal information
to which he has access in the course of performing Volunteer Work;
7. observe the limits and objectives of Volunteer Work,
and refrain from interfering with the work policies and strategic plans and
programmes of the Volunteer Work Organising Entity; and
8.
keep the
tools, equipment, and devices entrusted to him safe; undertake to return them
upon termination or expiry of the Volunteering Agreement; and inform the Volunteer Work Organising Entity in case of damage or loss of any of these
tools, equipment, or devices.
A
Volunteer will be equally exempt from civil and penal liability as the employees of the Volunteer
Work Organising Entity, provided that he meets all rules and requirements for
exemption from liability, in particular:
1. to
be registered with the CDA;
2. to
have a valid Volunteering Agreement with the Volunteer Work Organising Entity;
3. to
have received adequate training,
and not to perform Volunteer Work beyond the scope of his
training;
4. to
have performed Volunteer Work in
good faith and with the aim of performing the Volunteer Work identified in the Volunteering
Agreement, and not to derive any personal reward or gain; and
5. not to have committed any act of negligence or fault.
A
Volunteer Work Organising Entity will be liable towards third parties for the outcomes of the
Volunteer Work performed by the Volunteer.
A
committee named the “Volunteer Affairs Committee” will be formed at CDA
pursuant to a resolution of the Director General. The Committee will have
jurisdiction to examine and decide on any complaints or disputes related to the
performance of Volunteering
Agreements. The resolution forming this committee will determine the terms of
reference of the committee, and the procedures for holding its meetings and for
making decisions.
All
Volunteer Work Organising Entities, Volunteer Work Teams, and individuals and
entities performing Volunteer Work in the Emirate by the effective date of this
Law, must comply with the provisions hereof within six (6) months from its
effective date.
The
Director General will issue the resolutions required for the implementation of
this Law, and these resolutions will be published in the Official Gazette of
the Government of Dubai.
This
Law will be published in the Official Gazette and will come into force on the
day on which it is published.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 11 April 2018
Corresponding to
25 Rajab 1439 A.H.