Agencies & "recalculating the word count and analysis figures "
Thread poster: Anna ZANNELLA

Anna ZANNELLA
Italy
Local time: 13:43
Italian to English
May 20, 2011

Sorry I couldnt find a TOPIC THREAD in which to place this question:

Im working with an agency that does mostly technical translations for companies and strictly uses the company technical TM and MTB for any document, whether it's a legal, technical or marketing doc, or any other genre.

The problem is as tend to specialise in Legal docs, I notice that the no match, the 100% match and other fuzzy match %s are calculated on technical word matches which cannot be placed in
... See more
Sorry I couldnt find a TOPIC THREAD in which to place this question:

Im working with an agency that does mostly technical translations for companies and strictly uses the company technical TM and MTB for any document, whether it's a legal, technical or marketing doc, or any other genre.

The problem is as tend to specialise in Legal docs, I notice that the no match, the 100% match and other fuzzy match %s are calculated on technical word matches which cannot be placed in the Legal translation as they are irrelevant.

examples:
Le Parte - The Parties: their MTB suggests LED = light
Restituzione (Restitution): their MTB suggests "to blow back out".

I've asked them regarding the TRADOS function for "recalculating the word count and analysis figures ", but received no answer.

Since my fee is really quite low and I am being expected to proof and QA the translation, and being (threatened) penalised for any errors (?) - obviously I hadn't read between the lines of the contract when I signed it, as all other agencies Ive had contact with have Mother Tongue proof readers and in-house QA that deal with small discrepancies.

In all fairness, I would expect that an adjustment of their calculations post-translations was in order.

Any suggestions on how standard dealings would proceed would be greatly appreciated. Ive never had to deal with something like this before.

Thanks.
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Laurent KRAULAND (X)  Identity Verified
France
Local time: 13:43
French to German
+ ...
Inability to execute a contract May 20, 2011

In France at least, there are some nice legal provisions as per the inability to execute a contract, which IMHO would apply to your situation if you were in France.

I encourage you to search for similar provisions in Italian law, as it has become clear that no professional translator could work under such conditions.

Even if such provisions don't exist - which I seriously doubt, I would have no hesitation contacting the client and describing the objective reasons
... See more
In France at least, there are some nice legal provisions as per the inability to execute a contract, which IMHO would apply to your situation if you were in France.

I encourage you to search for similar provisions in Italian law, as it has become clear that no professional translator could work under such conditions.

Even if such provisions don't exist - which I seriously doubt, I would have no hesitation contacting the client and describing the objective reasons for which you feel you cannot do this job in a normal way.

I furthermore would set a deadline for the client to respond and decline any responsibility if they fail to do so.

(Disclaimer: this is not legal advice)

[Edited at 2011-05-20 19:00 GMT]
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Catherine Bolton  Identity Verified
Local time: 13:43
Italian to English
+ ...
In memoriam
In Italian law May 21, 2011

Laurent KRAULAND wrote:

In France at least, there are some nice legal provisions as per the inability to execute a contract, which IMHO would apply to your situation if you were in France.

I encourage you to search for similar provisions in Italian law, as it has become clear that no professional translator could work under such conditions.



You should probably get some legal advice on this, but FWIW the Italian equivalent of what Laurent is saying is called "eccessiva onerosità" in Italian.
Check here:
http://it.wikipedia.org/wiki/Eccessiva_onerosità

and here (the second one is more detailed):
http://www.studiolegale-online.net/contratti_r06.php
http://www.e-glossa.it/wiki/risoluzione_per_eccessiva_onerosità_sopravvenuta.aspx

HTH
Catherine


 

Edward Vreeburg  Identity Verified
Netherlands
Local time: 13:43
Member (2008)
English to Dutch
+ ...
it's easy May 21, 2011

you are paid a low fee
you are not happy with the TM matches and the way they client calculates them
if you just started the job, ( today, yesterday), you can hand it back saying this is unworkable, and have the client sort it out.
You probably did not see the text and the tm together when they offered yiou the job

Why should you as a freelancer accept this, you are not an employee of the company, you are a service provider - and this is your client. Basically YOU
... See more
you are paid a low fee
you are not happy with the TM matches and the way they client calculates them
if you just started the job, ( today, yesterday), you can hand it back saying this is unworkable, and have the client sort it out.
You probably did not see the text and the tm together when they offered yiou the job

Why should you as a freelancer accept this, you are not an employee of the company, you are a service provider - and this is your client. Basically YOU are selling THEM something (they are not selling you the work!). If you feel you are being treated unfairly, just stop working for them!

Ed
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Laurent KRAULAND (X)  Identity Verified
France
Local time: 13:43
French to German
+ ...
Also see... May 21, 2011

Also see http://tinyurl.com/4xbwesd

 

Anna ZANNELLA
Italy
Local time: 13:43
Italian to English
TOPIC STARTER
Thank you May 30, 2011

I did leave this job. I can't say anymore in public. Thanks.

 


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