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Abwerbungsverbot

English translation: prohibition against enticement

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Abwerbungsverbot
English translation:prohibition against enticement
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23:08 Jan 14, 2004
German to English translations [PRO]
Law/Patents
German term or phrase: Abwerbungsverbot
Im Inhaltsübersicht
Malgorzata Kozarzewska
Local time: 16:05
prohibition against enticement
Explanation:
This means a company, for example, is not allowed to hire someone else's employees.

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Note added at 19 mins (2004-01-14 23:28:19 GMT)
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(ii) Nonenticement
It is fairly standard to include a provision that prevents a seller from hiring any of the employees of the acquired business. While technically such clauses are referred to as nonenticement or nonsolicitation clauses, it is obviously not very effective to prevent someone from hiring existing employees if the provision can be circumvented by saying that the employee initiated the contact. Therefore, such provisions usually provide that the seller cannot employ any of the existing employees of the business for some period of time after closing even if the employee actively seeks employment from the seller.

http://media.wiley.com/product_data/excerpt/96/04713904/0471...
Selected response from:

Kim Metzger
Mexico
Local time: 09:05
Grading comment
thank you
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +5prohibition against enticement
Kim Metzger
4 +2anti-poaching clause
Gareth McMillan
4 +2non-competitionKevin Fulton
4 +1Anti-Recruitment Clause
Maureen Holm, J.D., LL.M.
4 +1nonenticement or nonsolicitation clauses
Juri Istjagin. Ph.D.


Discussion entries: 1





  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
non-competition


Explanation:
Many employment contracts, for example, prevent an employee from going to work for a competitor.

I've signed agency contracts as a freelancer which prevent me from seeking work from the end client for a specified period of time, and the heading of such clause is usually "Non competition."

Kevin Fulton
United States
Local time: 10:05
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 427

Peer comments on this answer (and responses from the answerer)
agree  ntext
42 mins

agree  gangels: actually non-COMPETE stipulation [clause], but you got the the right idea
11 hrs

neutral  Maureen Holm, J.D., LL.M.: not this case
19 hrs
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3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
prohibition against enticement


Explanation:
This means a company, for example, is not allowed to hire someone else's employees.

--------------------------------------------------
Note added at 19 mins (2004-01-14 23:28:19 GMT)
--------------------------------------------------

(ii) Nonenticement
It is fairly standard to include a provision that prevents a seller from hiring any of the employees of the acquired business. While technically such clauses are referred to as nonenticement or nonsolicitation clauses, it is obviously not very effective to prevent someone from hiring existing employees if the provision can be circumvented by saying that the employee initiated the contact. Therefore, such provisions usually provide that the seller cannot employ any of the existing employees of the business for some period of time after closing even if the employee actively seeks employment from the seller.

http://media.wiley.com/product_data/excerpt/96/04713904/0471...


Kim Metzger
Mexico
Local time: 09:05
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 21821
Grading comment
thank you

Peer comments on this answer (and responses from the answerer)
agree  ntext: if this concerns an employer (I agreed a bit too fast to the other answer — non-competition refers to an employee or independent contractor)
52 mins

agree  Robert Kleemaier
1 hr

agree  Gareth McMillan: Or "enticement prohibition". These clauses are virtually unenforcible in UK.
8 hrs

agree  Edward Guyver
9 hrs

agree  Steffen Walter
10 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
nonenticement or nonsolicitation clauses


Explanation:
media.wiley.com/product_data/excerpt/ 96/04713904/0471390496.pdf

nonsolicitation clauses ist glaube ich sogar besser



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Note added at 2004-01-15 01:39:37 (GMT)
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nein, nonenticement ist eindeutig anwerbungsverbot

Juri Istjagin. Ph.D.
Local time: 16:05
Native speaker of: Native in GermanGerman, Native in RussianRussian
PRO pts in pair: 12

Peer comments on this answer (and responses from the answerer)
agree  Gareth McMillan: non-enticement might work- the other sounds odd in UKE.
5 hrs
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8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
anti-poaching clause


Explanation:
This is not as daft as it looks.

The everyday word in UKE is "poaching"- i.e. subversively "stealing" another company's employees.
Depends what at level of language the rest of your document is written- if it's fairly relaxed then this would be OK.

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Note added at 14 hrs 35 mins (2004-01-15 13:43:43 GMT)
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My cooment to Dave got cut off- should read:
A mate of mine used to regularly \"shop\" for Scottish salmon.

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Note added at 15 hrs 47 mins (2004-01-15 14:55:52 GMT)
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Text thingy: I think we need \"counselling\".

Gareth McMillan
Local time: 16:05
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 793

Peer comments on this answer (and responses from the answerer)
neutral  davidgreen: I've also heard "shopping" employees from another company
1 hr
  -> A mate of mine used to regularly "shop" for scottish.

agree  Glyn Haggett: I think this sounds more natural in UK English.
1 hr
  -> Thanks Glyn.

neutral  Textklick: More context. Poaching sounds good, but could it also apply to a clause in a contract which forbids you from luring customers away if you leave a company. "Kunden abwerben". >> Mr.McM: a qualified "agree"; we need "Counsel"?
5 hrs
  -> Right, but why the "neutral", or are you trying to break the habit? (Heh,Heh!)

agree  Mario Marcolin
1 day2 mins
  -> Thanks Mario.
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19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Anti-Recruitment Clause


Explanation:
In U.S., we call it "raiding," but 'poaching' is nice.
The relevant party will agree not to HIRE AWAY the other's talent. But truly, it's easiest to translate the body of the contract and only then go back to the ToC.

Maureen Holm, J.D., LL.M.
United States
Local time: 10:05
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 986

Peer comments on this answer (and responses from the answerer)
agree  Mario Marcolin
13 hrs
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