Engaging with volunteers or offering internships in your business is a perfectly legitimate thing to do and common practice in many organisations. It is however, important to follow some basic rules to be legal and protect the business from falling foul to employment legislation.

It is perfectly acceptable for a company to take on volunteers in the organisation for unpaid internships, work trials or providing work experience, but there needs to be a clear distinction between volunteers and employees, and volunteers should never be treated like employees. Volunteers don't fall under employment law and the supporting Acts, they do however fall under the provisions of Health & Safety at Work 2015 and Human Rights 1993.

However, if you don't stick to a few rules of engagement it can potentially be argued later that the worker was an employee all along, and thus brings along all the minimum standards requirements which probably won't have been followed throughout the duration of the relationship.

Best Practice

Volunteers cannot be paid any form of remuneration. They can however receive:

• Reimbursements for costs
• Thank you gift/Koha (honoraria)

There is no single defining rule or test which differentiates a volunteer from an employee, but a series of behaviors in the relationship between the parties can be looked at and guide the decision accordingly:

• The organisation's control of days & hours;
• Number or hours & days;
• The organisation's economic benefit from the volunteer;
• Is the volunteer replacing the position of a paid worker?
• Any written agreement in place

Agreement

One of the most important steps is to get the arrangement in writing. Having a written agreement demonstrates the parties understanding and acceptance of the intention of the relationship.
In the Library section of the Employers Toolbox you have available our guide on the subject, supporting letters and 3 types of agreement templates;

• Standard volunteer deed
• Internship agreement
• Candidateship agreement

Non-members can purchase these individually if preferred here: www.employers.co.nz/volunteers-ebook-product.aspx

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