What Is a Volunteer?
In Ireland, a “volunteer”[i] is generally understood to be a person who freely offers their time and services for the benefit of others or the community, without any expectation of payment. Volunteers may receive reimbursement for expenses that they have actually incurred, but they do not receive wages or salaries.
A “volunteer organisation”[ii] is typically a not-for-profit body whose purpose includes, but is not limited to, the carrying out of voluntary work.
Volunteers are generally not regarded as employees under Irish employment law. As a result, they do not have access to the full range of statutory employment rights that apply to employees, such as the national minimum wage, paid annual leave, or protection under unfair dismissals legislation.
When Might a Volunteer Be Considered an Employee?
In most cases, volunteers fall outside the scope of employment legislation. However, the legal status of a working relationship depends on the reality of the arrangement, rather than the title used by the parties.
Where the facts indicate that a person is providing work in return for remuneration and is subject to a sufficient degree of control by the organisation, the relationship may amount to employment, even if it is described as voluntary.
The Code of Practice on Determining Employment Status provides guidance on how employment status is assessed, taking account of labour market practices, legislation and case law. The questions used to determine employment status have been updated following the Supreme Court’s judgment in Karshan (Midlands) Ltd t/a Domino's Pizza v Revenue Commissioners. The five‑step framework set out in that judgment provides a structured approach to assessing whether an individual is employed, based on their particular facts and circumstances.
When dealing with complaints under employment rights legislation, the WRC’s Adjudication Service will determine a person’s employment status as a preliminary issue, where necessary.
[i] Definition of “volunteer” as per section 51A of the Civil Law (Miscellaneous Provisions) Act 2011
[ii] Definition of “volunteer organisation” as per section 51A of the Civil Law (Miscellaneous Provisions) Act 2011