The Law on Voluntary Work has been the subject of many criticisms. It is concluded in several reports that the Montenegrin Law on Voluntary Work treats volunteering as a special form of labour law relations, rather than a voluntary, individual citizens’ initiative (Balkan Civil Society Development Network 2019, European Commission 2019). Many initiatives have been implemented since 2010 when this law was adopted, which resulted in changes and amendments to the Law, including initiatives for writing a new law that will regulate this area.

The Strategy for Development of Non-governmental organisations in Montenegro (2014-2016) (Strategija razvoja NVO u Crnoj Gori 2014-2016) had as one of the main goals to “create enabling legal framework for the development of volunteering in Montenegro” (p. 18). It was recognised by this strategy that the existing law that regulates voluntary work, “contrary to its purpose, instead of contributing to the development of a culture of volunteering in Montenegro, is to a large extent an obstacle to its further development”. The Youth Strategy 2017-2021 also states that the Law on Voluntary Work, “instead of contributing to the development of a culture of volunteerism in Montenegro to a large extent represents an obstacle for its further development, treating volunteering as a specific form of labour-legal relationship, rather than the voluntary and private initiative of citizens” (p. 41). Adopting a new Law on Volunteering was also envisaged in the Strategy on Improving Enabling Environment for the Work of CSOs in Montenegro 2018-2020 (Strategija unapređenja podsticajnog okruženja za djelovanje nevladinih organizacija 2018-2020).

In line with the initiatives to change the legal framework, the draft of the new Law on Volunteering was prepared in 2019. This law regulates incentive measures for promoting and developing volunteering, the rights and duties of volunteers and organisers of volunteering, and other issues of importance for the development and promotion of volunteering.

The draft Law addresses some of the concerns and criticism directed to the Law on Voluntary Work. It introduces a new definition of volunteering and does not use the term voluntary work. Contrary to the previous Law, companies are allowed, under specified circumstances, to organise volunteering activities. This would be in line with existing positive practice of companies, as well as the small and medium enterprises to organise corporate volunteering as a part of their Corporate Social Responsibility programmes, usually in co-operation with civil society organisations (such as National Voluntary Service ADP-Zid, Red Cross, different local CSO etc.), or in co-operation with some institution (day care centre for children and youth or similar).

The draft Law on Volunteering does not oblige organisers of volunteering actions to sign a contract with the volunteer if the volunteering takes less than 10 hours per week. It also differentiates volunteering from vocational training, and it does not permit signing a volunteering contract in cases where a person wants to acquire special knowledge and skills for work in a profession and to gain work experience. The issuing of volunteering booklets by local administration is replaced by an obligation of the organiser of volunteering to issue a certificate to volunteer, which includes a description of the acquired knowledge and skills and their level.

Public discussion on the draft of the new Law on Volunteering was carried out in the period AprilJune 2019. Meetings with stakeholders have been carried out in this period, and an opportunity for written comments and suggestions was provided. After the procedure of public debate had been conducted, the government passed the proposal of the new law in November 2019 and it entered parliamentary procedure. However, it has not yet been adopted by the Parliament of Montenegro. In July 2021, the Government of Montenegro again discussed the Draft Law on Volunteering with the Report from the public discussion from 2019.