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Agreements for contractors
Thread poster: RUTH ELIZABETH BARTLETT

RUTH ELIZABETH BARTLETT  Identity Verified
United Kingdom
Local time: 17:07
Member (2009)
French to English
Sep 18, 2009

Good morning,
I am a freelance translator based in France and have recently been offered quite a few jobs in different language pairs. I would like to outsource these to other translators and take a small commission. Does anyone have any advice on this? In particular i would like to know if there is a particular kind of agreement they should be signing? Can i ask them to sign something similar to the one that agencies have me sign? Are there any legal requirements?
Any thoughts are very welcome.
Ruth


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Paulo Eduardo - Pro Knowledge  Identity Verified
Brazil
Local time: 13:07
Member (2008)
Portuguese to English
+ ...
Non-Disclosure Agrrement. Sep 18, 2009

I would start by a non-disclosure agreement and further the terms of contracts/agreements you sign with employers.

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Stanislaw Czech, MCIL  Identity Verified
United Kingdom
Local time: 17:07
Member (2006)
English to Polish
+ ...
You may have a separate contract for subcontractors Sep 18, 2009

or simply add some terms to the PO you send to them and ask them to sign it and send it back to you.

Best Regards

PS: When it comes to employees/employers - if I were you I would stress in terms that they are are not your employees.


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RUTH ELIZABETH BARTLETT  Identity Verified
United Kingdom
Local time: 17:07
Member (2009)
French to English
TOPIC STARTER
Thanks Sep 18, 2009

Thanks for your answers. It has only just occurred to me that i should do a purchase order! I'm very new to this. I guess i could adapt one of the purchase orders that have been sent to me...

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Laurent KRAULAND  Identity Verified
France
Local time: 18:07
French to German
+ ...
Beware of French fiscal laws Sep 18, 2009

Hi Ruth,
just my grain of salt as a translator living and working in France: if you are not registered as an EuRL / SàRL (limited liability company), but as an EI (self-employed entrepreneur), it is strictly forbidden under French fiscal laws to take any kind of commission from outsourced jobs. You must sell the outsourced work at the price you bought it from the translator.

[Edited at 2009-09-18 10:41 GMT]

[Edited at 2009-09-18 11:50 GMT]


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RUTH ELIZABETH BARTLETT  Identity Verified
United Kingdom
Local time: 17:07
Member (2009)
French to English
TOPIC STARTER
Bit of a legal minefield... Sep 18, 2009

Gosh i am finding all of the French legal stuff a bit difficult....Do you have any good sources of information?
Ruth


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Laurent KRAULAND  Identity Verified
France
Local time: 18:07
French to German
+ ...
Source of legal information Sep 18, 2009

Hi again, Ruth...
This would be for starters: http://www.minefi.gouv.fr/ (French Ministry of Finances), you may also contact the SFT (Société Française des Traducteurs, http://www.sft.fr) which has a legal assistance service. I can remember this topic was heavily discussed in a English forum of ProZ.com, but will have to search for it.


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Laurent KRAULAND  Identity Verified
France
Local time: 18:07
French to German
+ ...
Discussed on ProZ.com Sep 18, 2009

I am taking the liberty to link to the thread at the point where I made my input:
http://www.proz.com/forum/prozcom_directory/138217-false_translators_true_agencies-page2.html#1156007


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RUTH ELIZABETH BARTLETT  Identity Verified
United Kingdom
Local time: 17:07
Member (2009)
French to English
TOPIC STARTER
Thanks - this is very helpful Sep 18, 2009

The forum posts were very useful. Obviously i have no intention of pulling the wool over anyone's eyes or rip anyone off as some of those post suggest. These would not be agency jobs but jobs from direct clients in language pairs that i am not able to do myself but obviously it would be good if i can make a little money for obtaining the contact and for the time taken to find a decent translator etc. I'll look into the fiscal implications and see whether it's possible/worthwhile...

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Laurent KRAULAND  Identity Verified
France
Local time: 18:07
French to German
+ ...
No assumption from my side Sep 18, 2009

RUTH ELIZABETH BARTLETT wrote:

The forum posts were very useful. Obviously i have no intention of pulling the wool over anyone's eyes or rip anyone off as some of those post suggest.

There was no assumption as per this point, Ruth - French law are sometimes bizarre when compared to those of some other European countries.
As a side issue, translation agencies are - most of the time - registered either as SàRL, or as SA (PLC) and therefore allowed to make benefits by reselling other people's work. The taxes they have on their turnover are also in the BIC (bénéfices industriels et commerciaux) category, not as those of freelance translators, which are in the BNC (bénéfices non commerciaux) category.


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RUTH ELIZABETH BARTLETT  Identity Verified
United Kingdom
Local time: 17:07
Member (2009)
French to English
TOPIC STARTER
I agree that French laws can appear a bit bizarre Sep 18, 2009

Thanks so much for all of this. On the whole i think i'll get there and a lot of it does make sense when you think about it....but you do tend to feel like you're in the dark in the beginning...nice cat by the way!

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Laurent KRAULAND  Identity Verified
France
Local time: 18:07
French to German
+ ...
Also - the AGA Sep 18, 2009

RUTH ELIZABETH BARTLETT wrote:

Thanks so much for all of this. On the whole i think i'll get there and a lot of it does make sense when you think about it....but you do tend to feel like you're in the dark in the beginning...nice cat by the way!

Thanks for the comment about my buddy, he is a Felis sylvestris grampia, aka Scottish wildcat or Highland tiger...
Did you know that being member of an AGA ("Association de Gestion Agréée") will avoid you being penalised by the CDI-SIE - penalty meaning: your yearly turnover is automatically, irrevocably and legally majored by 25%?


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RUTH ELIZABETH BARTLETT  Identity Verified
United Kingdom
Local time: 17:07
Member (2009)
French to English
TOPIC STARTER
AGA Sep 18, 2009

Such as a translators' association?

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Laurent KRAULAND  Identity Verified
France
Local time: 18:07
French to German
+ ...
Nope Sep 18, 2009

RUTH ELIZABETH BARTLETT wrote:

Such as a translators' association?


The AGA is meant for controlling and validating the accounting procedures of the "professions libérales", seen as a whole.
The SFT is a professional, branch-specific association / syndicate.


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RUTH ELIZABETH BARTLETT  Identity Verified
United Kingdom
Local time: 17:07
Member (2009)
French to English
TOPIC STARTER
AGA Sep 18, 2009

Sounds like exactly what i'm looking for

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