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Avençados

English translation: independent service providers

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:Avençados
English translation:independent service providers
Entered by: Lawyer-Linguist
Options:
- Contribute to this entry
- Include in personal glossary

11:41 May 14, 2005
Portuguese to English translations [PRO]
Bus/Financial - Human Resources / Annual Report
Portuguese term or phrase: Avençados
Hi,

Busy with an annual report - energy sector - and in particular a table that sets out the evolution (in comparison to previous years) of the human resources structure of the company.

I have employees who are permanent staff, on fixed-term contracts and open-end contracts (but with whom it is agreed they are not permanent staff) and then I have "avençados".

This will I understand be those who are contracted for a particular job for a particular period but who do not then enjoy normal employee benefits.

No other context unfortunately to describe their exact status but the distinction has to made from the groups above. I suppose it's very close to a freelancer but I've got nothing to support these individuals are fully self-employed and may well be sent by an employment agency.

Any ideas?

TIA
Debbie
Lawyer-Linguist
Portugal
Local time: 11:49
independent contractual service providers
Explanation:
"..On the other hand, independent contractual service providers can be defined as "those who follow an independent trade, business or profession in which they offer their services to the public." However, whether to classify such people as employees or independent service contractors depends on several determining factors in each case. The basic standard used to identify independent contractor status is the "right-to-control" element. As a general rule of thumb, an individual is an independent contractor if the employer has the right to control or direct only the result of the work and not the means and methods of accomplishing the result.." (www.lib.niu.edu/ipo/ip930522.html)
"independent", as opposed to linked to the firm, "contractual" because there is a formal contractual relationship.
I am an independent (freelance) contractual (I have a contract) service (translation) provider.
Deborah, you might get some ideas by looking up "Avença" in the Kudoz glossaries, but I prefer my suggestion to the terms there.

Selected response from:

henley
Local time: 11:49
Grading comment
Hi, wow no shortage of help here and to everyone thank you! I have decided to go with this option with the omission of contractual - it is superfluous as every service provider will have a contract whether express or tacit and it helps shorten things a bit. I prefer service provider to contractor, as the former sounds less "industrial" for my context and freelancer is perhaps too wide as this person will only work for this company. Work-for-hire agreement would have been perfect had my context been different but again I needed the name of the person rather than the type of agreement in place. General retainer I can't choose in this case as a retainer is paid to have someone at your disposal when needed, like I am paid a retainer by my law firm in South Africa to ensure my availability to assist when needed and I have no indication this person is paid on that basis. Hope this sheds some light on my final choice.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1under general retainer
Ana Thompson
4 +2independent contractors
Michael Powers (PhD)
4 +1independent contractual service providershenley
4Freelancers
suesimons
4Advanced
Claudio Mazotti
2under work-for-hire agreementsMargarita Palatnik


Discussion entries: 1





  

Answers


9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Avençados
Advanced


Explanation:
I thik the word was misstyped...

Claudio Mazotti
Brazil
Works in field
Native speaker of: Portuguese
PRO pts in category: 29
Login to enter a peer comment (or grade)

16 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
Avençados
under work-for-hire agreements


Explanation:
This would only fit if there is some intellectual property element, where the company owns their work, such as programmers for example...

5 Regionalismo: Portugal.
combinação ou contrato pelo qual alguém passa a prestar serviço, durante determinado período

work for hire: Definition and Much More From Answers.comwork made for hire n. Work (as art, music, writing, or a computer program) that is the property of an employer when made by one acting as an employee.
www.answers.com/topic/work-for-hire -


Margarita Palatnik
Local time: 07:49
Works in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 12
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10 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Avençados
independent contractors


Explanation:
In Michaelis's Dictionary, I confirmed that these are "workers" through specific agreement.

Mike :)

--------------------------------------------------
Note added at 18 mins (2005-05-14 11:59:32 GMT)
--------------------------------------------------

Since these are individual agreements, I bleieve \"independent contractors\" would be the most appropriate phrase here.

--------------------------------------------------
Note added at 20 mins (2005-05-14 12:01:13 GMT)
--------------------------------------------------

Independent Contractor
n. A person or business that has a contract with someone else or another entity that spells out the terms such as duties, pay, amount and type of work and other matters. An employee differs from an independent contractor because the employee regularly works for the employer. The nature of the relationship between the independent contractor and the party hiring him/her/it is vital since the independent contractor pays his/her/its own Social Security, income taxes without payroll deduction, does not have a retirement or health plan rights, and is often not entitled to coverage of worker\'s compensation. When a contractor is treated much like an employee, the Internal Revenue Service will look hard at the independent contractor agreement. The independent contractor has to be able to determine when and where work was performed, be able to work for others, provide his/her/its own equipment and have other factors which are indicative of true independence.


--------------------------------------------------
Note added at 20 mins (2005-05-14 12:01:55 GMT)
--------------------------------------------------

Independent Contractor definition
... An employee differs from an independent contractor because the employee ...
The nature of the relationship between the independent contractor and the ...
www.legal-explanations.com/ definitions/independent-contractor.htm - 4k - Cached - Similar pages

Small Business Glossary - Definition of the term Independent ...
Definition of the term independent contractor as used in small business.
www.smallbusinessnotes.com/glossary/defindepcont.html - 14k - Cached - Similar pages

MSN Money - Independent Contractor Glossary Definition: Taxes
Definition for Independent Contractor. ... If you are an independent contractor,
the person or company you work for controls what you do, not how you do it. ...
moneycentral.msn.com/taxes/ glossary/glossary.asp?TermID=169 - 17k - Cached - Similar pages

independent contractor Definition
InvestorWords - The Best Investing Glossary on the Web! Over 6000 terms, with
links between related terms. Definitely worth bookmarking.
www.investorwords.com/2425/independent_contractor.html - 18k - May 12, 2005 - Cached - Similar pages

independent contractor - legal definition
... The key to the definition is that, unlike employees, ... the person or company
paying the independent contractor controls only the outcome--the product ...
www.nolo.com/definition.cfm/Term/ 2ABAA52C-DB2D-4643-B6A6666B555FFAB0/alpha/I/ - 23k - Cached - Similar pages

Independent contractor - Definition of word from Investor ...
InvestorDictionary.com is the Online Financial Dictionary for Investors, providing
thousands of investment terms and definitions to help you learn more ...
www.investordictionary.com/ definition/Independent+contractor.aspx - 27k - Cached - Similar pages

[DOC] Independent Contractor Definition:
File Format: Microsoft Word 2000 - View as HTML
... Independent Contractor Definition 3 33. An Independent Contractor Usually 4.
Alternatives to Hiring an Independent Contractor 5 ...
www.asu.edu/hr/hr_advisor/employment/ understanding_ind_con_process.doc - Similar pages

HR 2642 -- Independent Contractor Definition
... contractors when, on June 26, 1997, it approved a provision to expand the
definition of independent contractor as part of omnibus tax legislation. ...
www.house.gov/visclosky/hr2642.htm - 7k - Cached - Similar pages

Employee vs Independent Contractor Status
... The Louisiana Worker\'s Compensation Law at LRS 23:1021(6) provides the following
definition of an independent contractor: ...
www.meocpa.com/ind-cont.html - 9k - May 12, 2005 - Cached - Similar pages

Definition of an Independent Contractor
Definition of an Independent Contractor Effective Until 1/1/04. All of the
following criteria must be met to be classified as an independent contractor: ...
aiic-insurance.com/Workers_ Comp_Info_Center/Indep_contractor.htm - 5k - Cached - Similar pages




Michael Powers (PhD)
United States
Local time: 06:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48

Peer comments on this answer (and responses from the answerer)
agree  Claudia Costa
35 mins
  -> Thank you, Claudia - Mike :)

agree  asbrito: I would suggest "independent contractor for temporary work" or just "temporary workers".
1 hr
  -> Thank you, Aldaberto - I like your first suggestion more than the second one, since it incorporate the entire meaning. But retaining "independent contractors" it emphasizes the individual nature of their agreements, and "temporary workers" clarifies it.
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
Avençados
under general retainer


Explanation:
Avença é o contrato pelo qual trabalhadores independentes, p.ex. advogados, se compromentem fazer trabalho por um determinado período de tempo, recebendo uma quantia fixa, independentemente do volume de trabalho, e sem exclusividade. Os correios também fazem contratos de avença em que recebem uma certa quantia mensal, independentemente do número de cartas e/ou pacotes que são enviados.

General retainer é o termo equivalente em inglês para este contrato


Ana Thompson
United States
Local time: 06:49
Native speaker of: Native in PortuguesePortuguese

Peer comments on this answer (and responses from the answerer)
agree  ecoelho: Sim, muito usado pelos advogados.
7 hrs
  -> Obrigada!
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Avençados
Freelancers


Explanation:
A thought, Debbie...........

suesimons
Local time: 11:49
Native speaker of: English
PRO pts in category: 24
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Avençados
independent contractual service providers


Explanation:
"..On the other hand, independent contractual service providers can be defined as "those who follow an independent trade, business or profession in which they offer their services to the public." However, whether to classify such people as employees or independent service contractors depends on several determining factors in each case. The basic standard used to identify independent contractor status is the "right-to-control" element. As a general rule of thumb, an individual is an independent contractor if the employer has the right to control or direct only the result of the work and not the means and methods of accomplishing the result.." (www.lib.niu.edu/ipo/ip930522.html)
"independent", as opposed to linked to the firm, "contractual" because there is a formal contractual relationship.
I am an independent (freelance) contractual (I have a contract) service (translation) provider.
Deborah, you might get some ideas by looking up "Avença" in the Kudoz glossaries, but I prefer my suggestion to the terms there.



henley
Local time: 11:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
Grading comment
Hi, wow no shortage of help here and to everyone thank you! I have decided to go with this option with the omission of contractual - it is superfluous as every service provider will have a contract whether express or tacit and it helps shorten things a bit. I prefer service provider to contractor, as the former sounds less "industrial" for my context and freelancer is perhaps too wide as this person will only work for this company. Work-for-hire agreement would have been perfect had my context been different but again I needed the name of the person rather than the type of agreement in place. General retainer I can't choose in this case as a retainer is paid to have someone at your disposal when needed, like I am paid a retainer by my law firm in South Africa to ensure my availability to assist when needed and I have no indication this person is paid on that basis. Hope this sheds some light on my final choice.

Peer comments on this answer (and responses from the answerer)
agree  Henrique Magalhaes
1 day19 hrs
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