Glossary entry (derived from question below)
Dutch term or phrase:
vrijgesteld van werk
English translation:
relieved of (one's) duties
Dutch term
vrijstelling
". . .de periode dat de medewerker vrijgesteld is van werk, voorafgaand aan de datum van uitdiensttreding."
3 +4 | relieved of (one's) duties |
Kitty Brussaard
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4 +1 | is on leave |
TechLawDC
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4 +1 | exemption |
Michael Beijer
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Apr 5, 2015 20:52: Kitty Brussaard Created KOG entry
Apr 12, 2015 20:32: Kitty Brussaard changed "Edited KOG entry" from "<a href="/profile/791104">Kitty Brussaard's</a> old entry - "vrijstelling van werk"" to ""relieved of (one's) duties""
Proposed translations
relieved of (one's) duties
As for the employer, the employer should also have a provision in the employment contract that allows the employer to terminate without cause or reason. Again, such provisions typically provide that the employer may terminate the employment contract without cause or reason by providing some advance written notice to the employee of the termination. An employer would be wise to include in any such provision a clause that allows the employer to relieve the employee of duties and responsibilities during the notice period and to pay the employee for the notice period rather than have the employee remain in the workplace.
http://www.sgrlaw.com/resources/trust_the_leaders/leaders_is...
4. Termination.
a. Rights and Duties. The Employee is an employee “at will.” Accordingly, the Company or the Employee may terminate his employment, at any time for any lawful reason, or no reason. The Employee and the Company agree that, without modifying or altering the Employee’s “at will” status, each will provide the other with at least thirty (30) days’ prior written notice of termination of the Employee’s employment with the Company. If the Employee gives notice of termination, such notice will be deemed a voluntary resignation by the Employee and the Company, in its sole discretion, may elect to relieve the Employee of any obligation to perform duties during the notice period, waive the notice period and immediately accept termination of the Employee’s employment, without changing the status of such termination as a voluntary resignation by the Employee. Should the Company in the event of a voluntary resignation decide to relieve the Employee of any obligation to perform duties during the notice period, waive the notice period and immediately accept termination of the Employee’s employment, it shall nonetheless continue his compensation and benefits for the term of the notice period, except that no bonus shall be earned or awarded during and after the notice period.
http://www.sec.gov/Archives/edgar/data/1376610/0001193125101...
agree |
MoiraB
: now that we see a bit more context (if this is also asker's context), this sounds a likely candidate
18 mins
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Thanks Moira :-). The source sentence quoted by asker refers to the employee being 'vrijgesteld (...) van werk, voorafgaand aan de datum van uitdiensttreding' which seems a similar context to me.
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agree |
Barend van Zadelhoff
: This sounds good and seems relevant as well.
1 hr
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Thanks, Barend.
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agree |
Brian Quigley
: Best choice IMHO.
1 hr
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Thanks, Brian.
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agree |
Michael Beijer
: another option would be "be released from their duties" (see e.g. my CELEX ref in the D.box)
3 hrs
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Thanks, Michael. And indeed, '(to be) released from (one's) duties' would work here as well.
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is on leave
(This is language frequently used in HR handbooks etc.)
agree |
MoiraB
: seems more likely than exempt(ed). Or "given time off work" cf http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//... - NL equiv = "Ze moeten vrijgesteld zijn van hun werk"
3 hrs
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exemption
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Note added at 57 mins (2015-03-23 00:46:57 GMT)
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See pretty much any dictionary (Van Dale, JurLex, etc.).
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Note added at 13 hrs (2015-03-23 13:24:37 GMT)
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Still don't think there is anything wrong with:
be exempt(ed) from performing work / from their employment duties
see e.g.:
"Where the employer terminates the employment, the employee should be exempted from performing work for at least half of the notice period, in the time and m stages of his choice I Ic is entitled to his average earnings during this period, hut he is not entitled to his average comings for the period during which he would not he eligible for anv wage otherwise.
[…]
The Nursing Care Time Act (Pflegeseitgeseiz) gives employees the right to he fully or partly exempted from their employment duties if they wish to look after close relatives in need of long-term home care, but they are not paid any salary However, such employees are specially protected against unlawful dismissal" (International Employment Law: 2nd Edtion, By Center for International Legal Studies (CILS): http://goo.gl/x3YN1T )
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"IC 12-20-11-3
Work exemption and tuition reimbursement for education courses
Sec. 3. (a) If a township assistance recipient, after referral by the township trustee, is accepted and attends adult education courses under IC 20-30-6-1 or courses at Ivy Tech Community College of Indiana established by IC 20-12-61, the township assistance recipient is exempt from performing work or searching for work for not more than one hundred eighty (180) days." (http://www.northwestindiana.com/discussionforum/viewtopic.ph... )
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"The regulation of working time allowance for trade union officials is included in the Labour Code. Under Section 274 of the Labour Code trade union officials shall be entitled to a working time allowance of 10 per cent of their monthly working time. Trade union officials shall be entitled to receive absentee pay for the duration of working time allowance. The trade union official shall be exempt from performing work for the time of consultation." (http://www.labourlawnetwork.eu/national_labour_law/legislati... )
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"(5) the Trustee determines that there is no work available.
(6) the individual, is, at the direction of the Township Trustee, attending a job training program under I.C. 12-20-12-1 or another job training program approved by the Township Trustee, or is attending adult education or Ivy Tech courses, under the direction of the trustee. The poor relief recipient is exempt from performing work or searching for work for not more than one hundred eighty (180) days." (http://fairfieldtownship.us/workfare/ )
agree |
Kitty Brussaard
: Another good option. Employees may indeed be 'exempted from working' during their notice period.
1 day 12 hrs
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Thanks Kitty!
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Discussion
4 Volgens lid 2, juncto lid 6, van § 37 BetrVG moeten leden van de ondernemingsraad die aan dergelijke vormingscursussen deelnemen, door hun werkgever worden vrijgesteld van arbeid met behoud van loon. =
4 Under the combined provisions of Article 37(2) and (6), staff council members attending such training courses must be released from their duties by their employers without loss of pay.
Als dit niet mogelijk is, moet de werkneemster worden overgeplaatst naar een andere functie en als ook dat onmogelijk is, moet de werkneemster worden vrijgesteld van arbeid. =
If this is not possible, then she must be moved to another job and if that is not possible she must be granted leave.
Vraag 13d: Hoeveel bedraagt de bezoldiging/uitkering van werkneemsters in de zin van artikel 2, die op grond van artikel 5, lid 3, zijn vrijgesteld van arbeid, op grond van de nationale wetten en/of praktijken? =
Question 13d: What level of payment/allowance is a worker, as referred to in article 2, who are granted leave under article 5.3, entitled to according to national legislation and/or national practice?
werkneemster worden vrijgesteld van arbeid". Or " During leave on health and safety grounds" cf. " Tijdens vrijstelling van arbeid om redenen van veiligheid en gezondheid". Numerous other examples of this usage in this document.