Do I really need to draw up a volunteer contract? Yes. Here is why.

Yes, always document volunteer work in a written volunteer agreement. A volunteer contract is not legally required, but it prevents ambiguity, strengthens your position regarding tax and legal evidence, and establishes in advance what happens in the event of damage, expenses, or a conflict. For just a few pages of paper, you gain peace of mind and certainty in return, for both you and the volunteer.

Is a volunteer contract mandatory?

No, a written volunteer agreement is not legally required. In principle, a verbal agreement suffices, and certain mutual obligations continue to apply even without a contract. However, “it is permissible to do it verbally” is something very different from “it is wise to leave it verbal.”.

The problem with verbal agreements is proof. If a dispute arises later regarding the agreements made, expenses, or liability, your word stands against that of the volunteer. With a signed document, it is immediately clear what has been agreed upon. That is not mistrust; that is good organization.

Why a written volunteer contract is wise

In volunteer work, we like to uphold the voluntary nature. A contract with too many binding provisions can quickly feel uncomfortable. But that “non-binding” feeling need not be a reason to put nothing in writing. On the contrary: it is precisely by putting it in writing that both parties know where they stand.

Moreover, a good volunteer contract works both ways. It not only describes what you expect from the volunteer but also refers to the volunteer's rights, as often stated in your articles of association and internal regulations. Let's be fair: the contract protects both.

In short, a written volunteer contract provides you with the following:

• Proof of the agreements in case of a later discussion regarding work, expenses, or conduct.
• Tax certainty regarding the tax-exempt volunteer allowance and the reimbursement of expenses.
• Clarity for your insurer that someone was genuinely active as a volunteer.
• Distance from unintended employment, by explicitly establishing the voluntary nature.

Voluntary is not the same as without obligation

The involvement of a volunteer is rarely without obligation for your organization. You build upon that commitment and do not want to face unpleasant surprises afterward. Additionally, you want the volunteer to handle your company assets with care. By clearly defining these kinds of expectations in advance, you prevent disappointment on both sides. Most volunteers understand this perfectly well.

The volunteer contract and the tax-deductible expense allowance

Under certain conditions, a volunteer may receive a tax-free allowance without the need to remit payroll tax or social security contributions. The Tax and Customs Administration applies maximum amounts for this. If you stay below these limits, the tax authorities will in principle assume that it is genuine volunteer work and not a disguised employment relationship.

According to the Tax and Customs Administration, the following maximums apply to the tax-free volunteer allowance for 2026:

• Maximum €220 per month
• Maximum €2,200 per year
• For an hourly rate: a maximum of €5.75 per hour for volunteers aged 21 and older and €3.40 per hour for volunteers younger than 21.

These limits apply concurrently: you may therefore not exceed any of the three maximums. If you exceed a limit, the entire compensation may become taxable. Therefore, always check the current amounts on the website of the Tax and Customs Administration, as they may change annually.

Additionally, you can reimburse actual expenses incurred. However, these must be truly demonstrable costs; the auditor scrutinizes this closely. The volunteer contract is a useful tool precisely in this regard: you specify which expenses a volunteer may claim and how they keep track of supporting documents (such as receipts). This puts you in a much stronger legal position should questions arise.

No hassle with your insurer in the event of damage

Where people work together, accidents happen. A volunteer can sustain injuries themselves, but can also cause damage to third parties. In the latter case, you can usually rely on your business liability insurance (AVB) or a specific volunteer insurance policy, provided your policy covers this.

However, it must be established that the person concerned was actually active as a volunteer for your organization. With a signed volunteer contract, you can easily demonstrate this relationship and avoid disputes with your insurer when it really matters. Always check the exact coverage of your own policy beforehand; conditions vary by insurer.

What do you include in a good volunteer contract?

A volunteer agreement doesn't have to be thick, but it must cover the right topics. Consider:

• The name of the organization and the volunteer, and the start date
• A description of the duties and the expected commitment
• Agreements regarding expense or volunteer allowances and the reimbursement thereof
• Reference to the internal regulations and the rights of the volunteer
• Agreements regarding insurance and liability
• Confidentiality and careful use of company assets
• The notice period and how parties can terminate the cooperation

It is important that a volunteer contract does not become an employment contract. Excessive authority, fixed remuneration, and an obligation to work personally can combine to create a legally binding employment relationship, with all the associated consequences. A legal expert helps you safeguard that boundary.

The difference compared to an employment contract or internship

The boundary between volunteer work and paid work is not always clear in employment law . The judge looks not only at the label on the paper, but at the factual situation: is there a relationship of authority, market-rate remuneration, and an obligation to perform the work personally? If these three are present, then, despite the title “volunteer,” an employment contract may exist, resulting in continued payment of wages, protection against dismissal, and the payment of social security contributions. If you are in doubt whether your arrangements resemble an employment contract , have this assessed before you sign.

Frequently asked questions about the volunteer contract

Is a volunteer contract legally required?

No. A written volunteer agreement is not mandatory, and verbal agreements are legally valid. However, documenting everything in writing is strongly recommended, as this allows you to demonstrate what was agreed upon in the event of expenses, damage, or a conflict.

How much may a volunteer receive tax-free?

According to the Tax and Customs Administration, for 2026 a tax-free allowance of a maximum of €220 per month and €2,200 per year applies. Lower maximums apply for hourly reimbursement (€5.75 for those aged 21 and over, €3.40 for young people). In addition, you can reimburse actual expenses incurred. Check the current amounts with the Tax and Customs Administration.

Does a volunteer with a contract automatically become an employee?

No, not because of the contract itself. The risk only arises when the actual situation resembles an employment relationship: a hierarchical relationship, market-rate remuneration, and the obligation to perform work personally. A carefully drafted volunteer contract, on the other hand, distances itself from precisely those characteristics.

Do I need to insure a volunteer?

Insurance is not legally mandatory, but it is advisable. Many municipalities have a collective volunteer insurance policy, and your own business liability insurance (AVB) can provide coverage. Check per policy whether volunteers are included and record the agreements regarding insurance and liability in the contract.

Is a volunteer allowed to receive benefits and still receive compensation?

Often yes, provided you stay within the tax-free limits, but additional conditions may apply from the benefits agency. Advise the volunteer to coordinate this with the municipality or the UWV in advance so that the compensation is not unexpectedly offset against the benefit.

Can I take a conflict with a volunteer to court?

Yes, even with volunteer work, you can go to court to enforce agreements. You are in a stronger position with a written contract, because you can prove what agreements were made.

Have your custom volunteer contract drafted

At MKB Juristen, we know how valuable volunteers are and how important it is to properly regulate their involvement. We draft a tailor-made volunteer agreement for you and, where necessary, include additional provisions in your internal regulations. In this way, we safeguard your interests and offer the volunteer clarity and protection.

Do you want to be sure that your agreements are correct and that you are not creating an unintended employment relationship? Schedule a no-obligation intake and we will review your situation together.