Please help me, I was asked to sign a NDA and non competition agreement
Thread poster: DanielaMonteiro

DanielaMonteiro
Local time: 06:53
English to Portuguese
+ ...
Mar 13, 2016

Hi,
I need your help.
Can you please tell me if it is legal to sign a NDA and non competition
agreement with an agency with this:

"The receiver agrees not to approach any existing Translation Agency with a
view of working directly for them during the cooperation period between the
translator and the Translation agency and for a period of 18 months after
the cooperation has ended."

I am translating a project and I need to deliver it tomorrow morning and
they send me the "NDA and non competition agreement" to be signed.

What should I do?

Thank you very much.

Kind regards,

Daniela

[Editado em 2016-03-13 20:30 GMT]


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Anton Konashenok  Identity Verified
Czech Republic
Local time: 07:53
English to Russian
+ ...
Drop them Mar 13, 2016

That's outrageous. Even salaried employees aren't subject to such a requirement. It's even logically absurd: if translation is your only source of livelihood, where are you going to work for these 18 months after your cooperation with this agency comes to an end?

Incidentally, I suspect that this clause in most jurisdictions will be considered to constitute an employment relationship - that is, the agency has to pay your social security contributions, give you paid leave, etc.

On the other hand, if you have already invested a lot of your time into this project and are afraid you won't be paid without signing this agreement, by all means discuss your options with a lawyer. The risk of not getting paid may constitute a case of duress and provide you with a sufficient excuse to back out of this agreement at a later time.


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jyuan_us  Identity Verified
United States
Local time: 01:53
Member (2005)
English to Chinese
+ ...
I think the clause has a grammar error that can lead to misunderstanding Mar 13, 2016

Instead of "The receiver agrees not to approach any existing Translation Agency with a view of working directly for them during the cooperation period between the translator and the Translation agency and for a period of 18 months after the cooperation has ended.", they intended to say:

"The receiver agrees not to approach any existing CLIENT OF THE Translation Agency with a view of working directly for them during the cooperation period between the translator and the Translation agency and for a period of 18 months after the cooperation has ended."

But still it is a clause that cannot be easily implemented. If Company A approaches you after you have stopped working for this "Translation Agency", how would you find out if Company A happens to be "an existing client" of "Translation Agency"or not? On the other hand, even if you start to work with Company A, how would this "Translation Agency" know you are doing so?


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jyuan_us  Identity Verified
United States
Local time: 01:53
Member (2005)
English to Chinese
+ ...
I often see the advice of consulting a lawyer in here Mar 13, 2016

Anton Konashenok wrote:
by all means discuss your options with a lawyer.


but are you willing to pay $500 to a lawyer for him to just give you his idea? You may as well get free advice here that is far better than what can be given by a lawyer.

The clause itself could have been written by an arrogant lawyer. Some times some lawyers just don't make any sense.


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DanielaMonteiro
Local time: 06:53
English to Portuguese
+ ...
TOPIC STARTER
Problem solved Mar 13, 2016

Hello,
The question is solved. It was a wring topic in the NDA, now is corrected, and I only can't work for the Organization which is client of the Agency.
Thank you for your help.

Kind regards,

Daniela


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Sheila Wilson  Identity Verified
Spain
Local time: 06:53
Member (2007)
English
+ ...
Even then... Mar 13, 2016

DanielaMonteiro wrote:
It was a wring topic in the NDA, now is corrected, and I only can't work for the Organization which is client of the Agency

Even then, it should be restricted to you not being able to approach clients whose texts you knew you had worked on. You can't be expected to know all their clients unless they give you a list.


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Dani Karuniawan  Identity Verified
Indonesia
Local time: 13:53
English to Indonesian
+ ...
What if "no"? Mar 14, 2016

You sell a bread.

All buyers come, buy your breads, and go.

But, there is a buyer, who says, "I want to buy your breads, neither you may sell your products to other buyers nor you may sell them to other buyers within X months following I stop buying bread from you."

You may agree with him if he buys all your bread products at very high rate with payment in advance.

Will you still agree with him if he only buys half of your bread products?

What if "no," unless he buys all breads that you daily produce?

A freelancer is a merchant, not an employee.
Your client is your buyer, not your employer.

A freelancer offers and sells a service, not apply for a job at an employer.

[Edited at 2016-03-14 08:52 GMT]

[Edited at 2016-03-14 09:22 GMT]


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Paweł Hamerski
Poland
Local time: 07:53
English to Polish
+ ...
I would like to say in such a case: 'Why not?' Mar 14, 2016

if they pay me for the time they want to forbid me working. Nearly everything has its price.
So just be careful about what you want to enforce upon me in the NDA. And then I can grow tomatoes on my balcony.


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