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Im Rahmen der Fürsorge- und Vorsorge-Pflicht

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...
transatgees
United Kingdom
Local time: 09:11
English translation:in the context of (or in carrying out) the duty to act with due
Explanation:
care and take appropriate precautionary measures.

A little more wordy in English,but that's the way I would say it.

20 yrs a lawyer; 20 yrs a translator (and still learning)
Selected response from:

Dr. Fred Thomson
United States
Local time: 02:11
Grading comment
Many thanks again.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5I would be careful about assuming that "Fuersorge" and
Dr. Fred Thomson
5in the context of (or in carrying out) the duty to act with due
Dr. Fred Thomson
4Included in the duties of care and foresight...Nils Andersson
4 -1In connection with the employer's duty of care and welfare maintenanceBeate Lutzebaeck


  

Answers


23 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Included in the duties of care and foresight...


Explanation:
Could have used more context...

Nils Andersson
United States
Local time: 01:11
PRO pts in pair: 6
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4 hrs   confidence: Answerer confidence 5/5
in the context of (or in carrying out) the duty to act with due


Explanation:
care and take appropriate precautionary measures.

A little more wordy in English,but that's the way I would say it.

20 yrs a lawyer; 20 yrs a translator (and still learning)

Dr. Fred Thomson
United States
Local time: 02:11
Native speaker of: English
PRO pts in pair: 5861
Grading comment
Many thanks again.
Login to enter a peer comment (or grade)

7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
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: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079

Peer comments on this answer (and responses from the answerer)
disagree  Dr. Fred Thomson: I'm having trouble understanding what "informing the contractual partner of technical advances" has to do with welfare duties. Without more context we cannot be sure that the term as used here has anything to do with welfare.
16 hrs
  -> Check out the following website: http://www.anwalt-ziegler.de/pages/arbr4b.htm
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23 hrs   confidence: Answerer confidence 5/5
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
about "Vorsorgepflicht."

Dr. Fred Thomson
United States
Local time: 02:11
Native speaker of: English
PRO pts in pair: 5861

Peer comments on this answer (and responses from the answerer)
neutral  Beate Lutzebaeck: I agree with the "very careful look" (that's why I didn't choose *full confidence*) - however, I'm quite sure that years of practical exp as a German lawyer provide a different understanding to the one gained thru an, albeit, comprehensive Rechtslexikon
5 hrs
  -> Don't be a smart aleck. It doesn't become you.
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