Drafting a volunteer agreement: what belongs in it

Drafting a volunteer agreement involves clearly establishing that the work is unpaid, specifying the tasks the volunteer will perform, the compensation for this (within tax-free limits), and how insurance and liability are arranged. The goal is to clarify the agreements while simultaneously preventing the collaboration from being viewed as an employment contract (Article 7:610 of the Dutch Civil Code) or a self-employment assignment. Below is a list of the components that belong in a good volunteer agreement and what to look out for.

The short answer

1. Parties and nature: organization and volunteer, unpaid and without obligation.
2. Tasks and times: which activities, scheduled in consultation.
3. Reimbursement: expenses or volunteer allowance within the maximums.
4. No authority: no employer authority, volunteer may cancel.
5. Insurance, confidentiality and termination: recording risks and termination.

Drafting a volunteer agreement: parties and the voluntary nature

Start with the basics: who are the organization and the volunteer, and what is the nature of the collaboration? Explicitly state that this involves unpaid volunteer work and that no employment contract is intended. This sentence may seem self-evident, but it is legally important: it clarifies that the parties do not wish to establish an employment relationship and that there is no remuneration for the work. Also mention the non-obligatory nature, so that it is clear that the volunteer is free to contribute or to decline.

Add a brief description of the organization and the cause the volunteer is committed to. This places the work in context and underscores that it involves a contribution to a social or association goal, not a paid position.

Tasks, hours, and compensation

Describe which tasks the volunteer will undertake and how the times will be agreed upon. Stick to agreements made in consultation and avoid giving the impression of a mandatory schedule with sanctions. This way, the character of volunteer work remains intact.

Document the compensation carefully. There are two options that remain tax-free: reimbursement of actual costs based on receipts, and a flat-rate volunteer allowance within the tax-free limits. For 2025, the flat-rate allowance amounts to approximately €5.50 per hour, up to a maximum of €210 per month and €2,100 per year, with a lower hourly rate for volunteers under the age of 21. These amounts are adjusted annually, so refer to the current limits rather than rigidly stating fixed amounts in the agreement. If you stay within the limits, no taxable wages will arise.

The provisions that prevent an employment relationship

To prevent the volunteer agreement from being treated as an employment contract, include the following points:

• No wages. Confirm that the compensation is not remuneration for work, but an expense or volunteer allowance.
• No hierarchical relationship. Stipulate that there is no employer authority and that the volunteer is not subject to the authority to give instructions like an employee.
• Non-obligatory nature. The volunteer may cancel or stop without the consequences associated with an employment contract.
• Reimbursement within the maximums. Keep the flat-rate reimbursement below the tax-free limits.

Taken together, these provisions make it clear that the core elements of an employment contract—wages and authority—are absent. It is important that practice aligns with this: if you nevertheless stipulate fixed services with sanctions and pay a market-rate amount, the text will not hold up.

Insurance, confidentiality and termination

Arrange for liability and insurance. Specify whether the organization has liability and accident insurance for volunteers, or whether the volunteer is covered by a collective volunteer insurance policy provided by the municipality, and how damage is handled. Include a confidentiality clause where necessary, for example if the volunteer comes into contact with personal data or sensitive information, and refer to any applicable code of conduct.

Conclude with agreements regarding duration and termination. State whether the agreement applies for a fixed or indefinite period and that both parties may terminate the collaboration. Since it is not an employment contract, statutory dismissal rules do not apply, but it is good practice to include a short notice period or a termination clause.

Practical example. A neighborhood foundation draws up a volunteer agreement for people who deliver meals to the elderly. It states that the work is unpaid, that volunteers receive reimbursement for travel expenses on a reimbursement basis, that there is no hierarchical relationship, that the foundation has volunteer insurance, and that volunteers treat what they see in people's homes confidentially. In this way, the most important matters are covered without it becoming an employment contract.

Common mistakes

• Remuneration too high. Paying above the maximums or at market rates can lead to taxable income.
• Fixed schedules with sanctions. That creates the impression of employer authority.
• Insurance not arranged. Uncertainty regarding liability in the event of damage.
• No confidentiality. Even though the volunteer works with sensitive information.

Honest recommendation

For an association or foundation with simple volunteer tasks, you can often draft a volunteer agreement yourself. Include the unpaid nature, the tasks, compensation within the limits, the provision that there is no hierarchical relationship, insurance, and a brief termination agreement. You do not need a lawyer for these types of standard situations.

Be sure to seek legal advice when working with many volunteers, when tasks closely resemble regular paid work, or when you intend to provide reimbursements that approach the maximum limits. In such cases, provisions preventing an employment relationship carry more weight, and a tailored approach helps avoid tax and employment law risks.

Want to know more? View the volunteer agreement, first read what a volunteer agreement is and discover what it costs to have a volunteer agreement drawn up.

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