Obligation to pay volunteers

SARAH KATZ

New member
Jul 20, 2011
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A small local project was using a volunteer for cooking meals for the kids 2x a day.

The verbal agreement was it was voluntary (tho they had their own meals).

The 'husband' is now demanding payment for the hours worked - I'm assuming there is no case but would welcome confirmation under DR law.

Thanks!
 
Last edited:

NotLurking

Bronze
Jul 21, 2003
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An employment contract can be either written or verbal and are subject to the Labor code (Law No. 16-92) Art. 1 & 2. In your particular case however, the work or service rendered was originally thought to be volunteer work. I'm not clear under what law volunteer work is sanctioned. The main issue is not the work preformed but the agreement under which the work or service was solicited or offered. I think this is a labor dispute. In which case the Labor code applies. The problem with labor disputes and particularly with verbal contracts, is that the employees generally has the benefit of the doubt.

I hope you have at least one witness to the verbal contract or things might turn against you. The worst that can happen is that you have to pay for services or work done for you. All things considered, not so bad and you can chalk it up to lesson learned. You could also consider it as a donation to the cause. It certainly is a learning experience. Consider you've paid to learn: you should not be that much trusting and that a written contract is always better than verbal especially, if it's for volunteer work.

NotLurking
 

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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A volunteer gives or "donates" his or her services for free, and therefore is not subject to labor regulations regarding salary, severance ("liquidation"), etc. In your case, the problem lies in determining whether the person providing the service was a volunteer or a salaried employee. From your post, it seems that the other party is going to claim the latter, in which case the outcome will depend on the evidence presented by both parties.
 

donP

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Dec 14, 2008
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The "Husband"

The 'husband' is now demanding payment ...

Who is this 'husband'?
Was he also working for you? (I guess not.)
Does the person who did work for you agree to his demands?
How were the demands brought forward?

donP