Volunteering in Religious Congregations: a pillar for the Community and spiritual growth

Volunteering has always been the essence of Religious Congregations. It is not just a way to carry out practical activities, but a tangible expression of faith, a vehicle for spiritual growth, and a powerful tool to build and strengthen the community. In an era when the sense of belonging and the desire to make a difference are increasingly felt, volunteering within Congregations takes on even greater importance.

1. Why is volunteering essential?

Volunteer activities offer multiple benefits, both for the individual who donates their skills and time, and for the entire Congregation. Below we list the greatest benefits:

  • Strengthening the community: every act of service creates stronger bonds between members. Working together towards a common goal fosters mutual understanding, trust, and a deep sense of belonging. It is a profound experience of sharing a task that often reveals the true essence of brotherhood and sisterhood.
  • Putting faith into practice: volunteering is a concrete way to live the values and teachings of one’s faith. Transforming abstract principles into tangible actions of love, compassion, and service to others is a path of profound spiritual growth.
  • Developing skills and talents: many volunteers discover new skills or refine existing ones through service. Whether organizing events, managing communication, caring for the elderly, or teaching children, volunteering is an opportunity to develop useful competencies in any area of life.
  • Positive social impact: Religious Congregations, thanks to volunteering, can extend their positive influence beyond their walls, responding to the needs of the surrounding community. Soup kitchens for the poor, support for the homeless, visits to the sick, environmental initiatives: these are just a few examples of how religious volunteering can make a difference.
  • Sense of purpose and well-being: contributing to something larger than oneself generates a profound sense of purpose and satisfaction. Numerous studies show that volunteering improves psychological well-being, reduces stress, and increases happiness.

2. Challenges and opportunities for the future of volunteering

While volunteering is fundamental, Congregations must face some challenges to keep it alive and vital:

  • Involvement of new generations: younger generations dedicate less time and willingness and seek more flexible and specific volunteering experiences. It is essential to offer opportunities that resonate with their interests and show a clear and significant impact.
  • Recognition and appreciation: volunteers dedicate precious time and energy. It is important that their contribution is recognized and valued, not only with words, but also through concrete support and the creation of a welcoming and rewarding environment.
  • Training and support: providing adequate training and continuous support to volunteers is crucial. This not only helps them perform their tasks in the best way but also shows that the Congregation invests in their growth and well-being.
  • Flexibility and diversification of roles: not everyone can commit for long periods or in traditional roles. Proposing a variety of tasks, whether short or occasional, can encourage a greater number of people to contribute.
  • Effective communication: it is fundamental to clearly communicate the Congregation’s needs and the available volunteering opportunities, making it easier for members to find their place.

Volunteering is much more than a simple “doing”: it is a living expression of faith, a bridge between the individual and the community, and a driver of positive change. Congregations that know how to cultivate and value their own volunteers not only thrive internally but also become beacons of hope and service for the entire world.

3. How is volunteering legally regulated in Italy?

In Italy, the regulation of volunteering has largely been centralized by the Third Sector Code (Legislative Decree no. 117 of 3 July 2017), which has repealed or integrated most of the preceding regulations and focuses on volunteering carried out through a Third Sector Entity (ETS).

Key points of the legal regulation of volunteering in Italy:

3.1. Definition of Volunteer and Volunteering Activity (Art. 17 CTS)

The Third Sector Code defines a volunteer as “a person who, by free choice, carries out an activity for the benefit of the community and the common good, including through a Third Sector entity, making available their own time and abilities to promote responses to the needs of the individuals and communities benefiting from their action”.

The fundamental characteristics of volunteering activity are:

  • Personal nature: the activity is carried out directly by the volunteer.
  • Spontaneity: the initiative derives from the volunteer’s free choice, without coercion.
  • Gratuitousness: the activity cannot be remunerated in any way, not even to the beneficiary. Only reimbursements for expenses actually incurred and documented by the volunteer for the activity performed are allowed, within maximum limits and conditions previously established by the entity. Flat-rate expense reimbursements are prohibited, although in some cases and within certain limits, self-certification is permitted (up to 10 euros daily and 150 euros monthly, subject to approval by the competent corporate body).
  • Solidarity purpose: the activity is carried out for purposes of solidarity, without profit (even indirect).

The quality of a volunteer is incompatible with any form of subordinate or autonomous employment relationship and with any other relationship of a patrimonial nature with the organization of which one is a part, to avoid situations of “false” volunteering that disguise employment relationships.

3.2. Obligations of Third Sector Entities (ETS) that use volunteers

The Third Sector Code imposes precise obligations on ETS that use volunteers:

  • Volunteer Register (Art. 17, para 1, CTS): all ETS must maintain a specific register of volunteers who carry out their activity on a non-occasional basis. This register is fundamental for the traceability of the activity and for insurance purposes. The Ministerial Decree of 6 October 2021 has provided more specific indications on the keeping of this register, also allowing electronic instruments, provided they guarantee the inalterability of the records.
  • Insurance (Art. 18 CTS): all ETS that use volunteers (both regular and occasional) have the obligation to insure them against injuries and illnesses related to the performance of volunteer activities, as well as for civil liability towards third parties. Insurance policies can be stipulated collectively or numerically.
  • Training and protection: although no explicit legal obligations are provided, ETS are obliged to guarantee volunteers a safe environment and to provide the necessary training for the performance of the activity, respecting the regulations on health and safety at work, as well as the rules related to the context of volunteering.

3.3. Volunteer Organizations (ODV)

Within ETS, Volunteer Organizations (ODV) constitute a specific type of entity, characterized by the fact that they rely “in a decisive and prevalent manner” on the personal, voluntary, and gratuitous services of their members. For ODVs, specific rules apply regarding:

  • Associative basis: they must have a minimum number of seven natural person members or three ODVs.
  • Assets: they must have a minimum net worth.
  • Employed labour: they may employ salaried or self-employed workers only to the extent necessary to regulate their functioning or to qualify/specialize the activity, and in any case, the number of workers cannot exceed 50% of the number of volunteers.

ODVs registered in the Single National Register of the Third Sector (RUNTS) benefit from specific tax breaks and a simplified regime.

3.4. The Single National Register of the Third Sector (RUNTS)

The RUNTS is a telematic register established by the Third Sector Reform. Registration in the RUNTS is fundamental for all ETS (including ODVs, Social Promotion Associations – APS, philanthropic entities, social enterprises, etc.) that wish to access the benefits provided by the legislation, such as tax breaks, the 5 per 1,000 (tax deduction), or the possibility of entering into agreements with public administrations.

4. Other Forms of Volunteering

As already mentioned, the regulation of volunteering in Italy has largely been centralized by the Third Sector Code, which focuses on volunteering carried out through a Third Sector Entity (ETS).

However, there are forms of volunteering that operate outside the strict perimeter of ETS or that have a specific regulation. Below, we will see what they are and their corresponding regulation.

4.1. Individual or informal volunteering

Individual volunteering, understood as the spontaneous and gratuitous action of a person who decides to help others or the community without being linked to a formal organization or an ETS, does not have a specific and autonomous legal regulation.

  • Nature of the activity: it is a commendable and meritorious action, but it does not fall within the framework of the obligations and protections provided by the Third Sector Code.
  • Protection: the individual volunteer does not enjoy the same insurance or registration obligations as those provided for ETS volunteers. This means that, in case of injury or damage to third parties during the activity, the insurance coverage or responsibility does not fall on an organized entity. It is a form of volunteering based on pure personal initiative and awareness of the risks involved.

4.2. Volunteering in Non-ETS Entities (and not registered with RUNTS)

There are numerous organizations and associations that carry out activities with social, cultural, sporting, or recreational purposes, but which have not chosen to qualify as ETS and therefore are not registered in the Single National Register of the Third Sector (RUNTS).

For these entities, the regulation of volunteering is less structured and not subject to the same obligations as the Third Sector Code.

  • General regulation: these entities refer to the general rules of the Civil Code (e.g., recognized and unrecognized associations, art. 14 et seq. and 36 et seq. c.c.).
  • Specific obligations: regarding volunteering in these entities:
    • Insurance: the obligation to insure volunteers against injuries and civil liability towards third parties is not a generalized obligation for all non-ETS associations. However, it is strongly recommended, and often organizations voluntarily provide for it to protect their collaborators.
    • Volunteer register: the obligation to keep a register of non-occasional volunteers does not apply to these entities, unless specifically required by sectoral regulations or the entity’s articles of association.
    • Tax benefits: generally, non-ETS entities that use volunteers do not enjoy the specific tax benefits provided for ETS (such as the 5 per mille or deductions/tax breaks for donations, which are strictly linked to RUNTS registration).

4.3. Volunteering with special regulations

There are some categories of volunteering that are regulated by specific laws, outside or in derogation of the Third Sector Code, given their nature or scope of intervention:

  • Universal Civil Service (Legislative Decree 40/2017): although the purpose of service to the community is shared, the volunteer operator of the Universal Civil Service is not comparable to the “traditional” volunteer regulated by the CTS. It is an experience that provides for a flat-rate monthly compensation (considered a reimbursement of expenses and not remuneration) and a specific regulation in terms of selection, training, and protection.
  • Volunteering in the National Fire Brigade Corps (Legislative Decree 39/2006): the volunteer personnel of the Fire Brigade have specific regulations governing their employment, training, rights, and duties, given the emergency and public safety nature of their activity.
  • Volunteering in the National Alpine and Speleological Rescue Corps (Law 74/2001): like the Fire Brigade, Alpine Rescue volunteers have dedicated legislation that defines their role, responsibility, and protection.
  • Personnel employed abroad in international development cooperation activities (Law 125/2014): although operating on a voluntary basis, these professional or support figures in international cooperation projects are subject to specific regulations that govern their status and protection.
  • Volunteering in some amateur sports activities: some forms of volunteering in the amateur sports world, while not fully falling under the Third Sector, can benefit from favourable tax regimes or regulations, but always with strict limits on gratuitousness and the absence of an employment relationship.

In summary, while the Third Sector Code has created an organic and reference framework for most volunteering activities in Italy, it is fundamental to recognize that there exist other forms of volunteering that respond to different regulations or operate in a less regulated context, with significant consequences in terms of obligations, protections, and benefits.

Do you have questions or need clarity on this topic? Do not wait. Write to us at info@fiatlux.legal. We are happy to offer you personalized consultation, clarify any doubts, and find the most effective solutions together.

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