Gil Sperling

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Are Volunteer Agreements Binding

September 11, 2021 by gilsperling

However, the law relating to these payments is complex. A labour court has agreed, in a high-level case involving the Coast Guard Auxiliary, that fairly large regular payments can be made in circumstances where the rest of the relationship clearly indicates that it is not wages resulting from employment. In this case [Milton and Another v. Department of Transport COIT 5086/44], the court indicated that the nature and organization of the Coast Guard Auxiliary meant that the payments were in fact an allowance and not remuneration for the work performed. The boundary between a real volunteer and an employee is difficult to assess. This judgment is made more complex by the fact that the regulatory authorities, the industrial court, the tax authorities, the health and safety law and the national insurance rules draw the border in different ways. Workers and employees are entitled to labour rights that do not have volunteers, such as the right to obtain the national minimum wage (NMW), paid holidays and protection against discrimination under the Equality Act 2010. If a volunteer successfully claims to be an employee or worker, he is entitled to NMW, including reimbursed remuneration. . . .

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