English translation: in the context of (or in carrying out) the duty to act with due
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10:16 Dec 7, 2001
German to English translations [PRO] Law/Patents
German term or phrase:Im Rahmen der Fürsorge- und Vorsorge-Pflicht
In an outsourcing contract.
the sentence continues ... will keep himself technically up to date and inform his contractual partner of technical advances...
In connection with the employer's duty of care and welfare maintenance
Explanation: Background: Fürsorgepflicht is not just a general duty of care, but the specific duty of care of the employer in relation to the employee. It entails the duty to protect the employees' health and property as well as other rights and entitlements.
Vorsorgepflicht refers to the employer's duty to provide for the employee's social security protection, i.e. to maintain insurance for old-age penions, inability to work etc.
Both concepts are interlinked while at the same time complementing each other.
The various translations for Fürsorgepflicht offered by Dietl/Lorenz and Romain give you an idea of what is covered by this concept:
"duty to give (social and medical assistance"
"duty in respect of care and supervision"
"obligation to provide welfare services"
"employer's duty of care and welfare maintenance"
Neither dictionary offers anything on Vorsorgepflicht, but I guess this part of the duty is quite well expressed by welfare maintenance (Vorsorgeunterhalt = maintenance to provide for retirement).
I would avoid terms such as "precautionary" as the concept of Vorsorgepflicht under employment law does not refer to precautionary measures (as, for example, under environmental law), but to retirement provisions and the like.
Prof. exp. as German/NZ lawyer
Beate Lutzebaeck New Zealand Local time: 22:11 Native speaker of: German, English PRO pts in pair: 2079
I would be careful about assuming that "Fuersorge" and
Explanation: "Vorsorge" are necessarily closely related.
I suggest that you should take a very careful look at the context before deciding that "Vorsorge" pertains to welfare or pensions.
I find nothing in my fairly comprehensive Deutsches Rechtslexikon