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zum Ausgleich des sozialen Besitzstandes

English translation: as compensation for loss of benefits/privileges/rights ...

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05:35 Oct 30, 2001
German to English translations [PRO]
Bus/Financial
German term or phrase: zum Ausgleich des sozialen Besitzstandes
Wegen der Beendigung des Arbeitsverhältnisses und zum Ausgleich des sozialen Besitzstandes verpflichtet sich der Arbeitgeber, an den Arbeitnehmer eine Abfindung in Höhe von DM....... zu zahlen
cochrum
Germany
Local time: 07:12
English translation:as compensation for loss of benefits/privileges/rights ...
Explanation:
If you look at page 12, para 3 of the quoted website, which is an academic study of factors hindering the restructuring of German industry, you will find the following "social assets" (sozialer Besitzstand). The fact that the author uses quotes suggest that he or she is using this as a gloss rather than a translation. In the article, it is claimed that German trade unions regard the Aufsichtsrat to be such an entity. It seems to refer to a social right that has been fought for or one. As such, I don't think it refers to remuneration so much as to a right or privilege. I can't really come up with a suggestion that seems 100% correct to me but it will be along the lines of the above suggestions. Hopefully the context available to you will make it clearer what the "assets" in question here are.
Selected response from:

Tim Drayton
Cyprus
Local time: 08:12
Grading comment
This one sounded the best.The document is for a non-native, and has to be written in a somewhat simple form so they can understand it without a dictionary.

Danke an Alle!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5compensation for employee's loss of (possessory) standing
Dr. Fred Thomson
4 +1as compensation for the remuneration lost
Alison Schwitzgebel
4 +1compensation for the loss of acquired status [vested rights]Beate Lutzebaeck
4as compensation for loss of benefits/privileges/rights ...
Tim Drayton


  

Answers


23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
as compensation for the remuneration lost


Explanation:
is how I understand it

Alison Schwitzgebel
France
Local time: 07:12
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 3409

Peer comments on this answer (and responses from the answerer)
agree  schmurr: good!
1 hr
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
as compensation for loss of benefits/privileges/rights ...


Explanation:
If you look at page 12, para 3 of the quoted website, which is an academic study of factors hindering the restructuring of German industry, you will find the following "social assets" (sozialer Besitzstand). The fact that the author uses quotes suggest that he or she is using this as a gloss rather than a translation. In the article, it is claimed that German trade unions regard the Aufsichtsrat to be such an entity. It seems to refer to a social right that has been fought for or one. As such, I don't think it refers to remuneration so much as to a right or privilege. I can't really come up with a suggestion that seems 100% correct to me but it will be along the lines of the above suggestions. Hopefully the context available to you will make it clearer what the "assets" in question here are.


    Reference: http://www.jura.uni-osnabrueck.de/institut/hwv/pdf/a0896.pdf
Tim Drayton
Cyprus
Local time: 08:12
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 154
Grading comment
This one sounded the best.The document is for a non-native, and has to be written in a somewhat simple form so they can understand it without a dictionary.

Danke an Alle!
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 5/5
compensation for employee's loss of (possessory) standing


Explanation:
In Band 1, Deutsches Rechtslexikon "Besitzstand" is described as a right that goes beyond a mere legal right.
In the employment context a person is endowed with specific rights and entitlements to certain fringe benefits. Whenever the employment ceases the person loses his standing (legal term) with respect to suing for such rights.
Here the employer is compensating the employee so that the employee cannot later file an action against the employer. By accepting the compensation the employee waives his rights with respect to the possessory standing.

Dr. Fred Thomson
United States
Local time: 23:12
Native speaker of: English
PRO pts in pair: 5861
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5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
compensation for the loss of acquired status [vested rights]


Explanation:
I agree with Tim that "Besitzstand" is a very wide and fuzzy legal concept that is not restricted to monetary assets, but covers an acquired status or vested rights (which are lost in case of redunancy).

FYI, this is the explanation given for "Besitzstand im Verwaltungsrecht" in Creifelds Rechtswörterbuch (not exactly the same thing as in your context, but it gives you a good idea of just how fuzzy the concept is):

"Kein Begriff der Gesetzessprache. Man kann darunter die dem Einzelnen durch eine behördliche Erlaubnis gewährte öffentlich-rechtliche Berechtigung verstehen, die von den Verwaltungsbehörden nur aus Rechtsgründen entzogen oder eingeschränkt werden kann. Der Besitzstand ist je nach der Art der Berechtigung verschieden stark gegen Widerruf geschützt."


    Romain, Dictionary of Legal and Commercial Terms
    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 19:12
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079

Peer comments on this answer (and responses from the answerer)
agree  Hermeneutica: This is what I gleaned just now from a bunch of other sources ... Thanks again for the confo, Bea!
1818 days
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