Volunteering on Private Property and the Parents' Council: Navigating Insurance and Safety
Volunteering can be a rewarding experience, but when it takes place on private property, safety and insurance coverage become crucial considerations. A recent case in Kassel, Hesse, Germany, sends a clear message on these topics, involving a member of the municipal kindergarten's parents' council who lost multiple fingers while cutting tree slices on his property for the kindergarten's annual Christmas bazaar.
The Kassel Case: A Parents' Council Member's Misfortune
Despite the incident occurring on the volunteer's private property, Germany's Federal Social Court (BSG) ruled it a work-related accident due to his role with the kindergarten's parents' council. This decision contradicts the views of lower courts, such as the Gotha Social Court and Thuringia Regional Social Court.
The plaintiff was carrying out volunteer duties within the purview of the municipality managing the kindergarten. Specific tasks were assigned to him. The BSG confirmed that insurance coverage extends to voluntary activities "for" the institution, with no geographic or time limitations.
Liability Insurance and Volunteer Compensation in Germany
While liability insurance isn't mandatory for German volunteers, it's advisable to safeguard against potential liabilities. Volunteer allowances, as per the Charitable Reform Act, may compensate volunteers for their efforts. However, each organization should diligently track volunteer activities and report these payments to tax authorities, avoiding annual limits exceedance. Any surplus amounts could be considered taxable income for the recipients.
Insurance Implications for Volunteers: Understanding the Fine Print
Specialized insurance, like Betriebshaftpflichtversicherung (business liability insurance), might be required for high-risk volunteer activities, primarily freelancers. Municipal kindergartens usually have liability insurance coverages for accidents and damages on their premises, but it's essential to verify coverage or secure individual liability insurance for volunteers.
Lessons from the Kassel Case: Protecting Volunteers in Germany
The Kassel case highlights the importance of understanding insurance coverage for German volunteers. Regardless of whether they work on private properties or within municipally managed institutions, protecting volunteers is paramount. Advocating for mandatory liability insurance for volunteers or implementing clear insurance policies for volunteer activities could address these concerns more effectively.
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Germany's labor laws govern employment contracts and set minimum standards for employment conditions. Clauses in employment contracts, such as clarity, non-surprise, and fairness, must be met to be valid. Volunteers aren't typically considered employees under German labor law but could be covered by specific regulations or agreements depending on their duties. Insurance coverage for volunteers is primarily the responsibility of the organization or entity that employs the volunteers, warranting careful review of policies and potential need for supplementary insurance.
[1] Bundesarbeitsgericht (BAG), in VR 4054/15.
