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attività lavorativa sostanziale e abituale

English translation: normal and customary work

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:attività lavorativa sostanziale e abituale
English translation:normal and customary work
Entered by: Dominic Currie

09:04 Sep 6, 2011
Italian to English translations [PRO]
Law/Patents - Human Resources / Labour Law
Italian term or phrase: attività lavorativa sostanziale e abituale
Appears in a "RICORSO EX ART. 414 C.P.C" where a former Italian employee of a foreign bank is suing his former employer because, although he was formally declared as an employee under the law of a foreign country for tax reasons (a decision of the foreign bank and not his), in reality he was actually based in Italy because he carried out the majority of his work there and was therefore subject to the provisions (and rights) under Italian law.

Il suo contratto di lavoro era di diritto [foreign country], e il datore di lavoro era società di diritto [foreign country] XXXX.
Tuttavia, come da accordi fra le Parti, l’attività lavorativa sostanziale e abituale è sempre stata svolta dal dr. XXXX in Italia per il datore di lavoro sostanziale che sarà di seguito citato.

The term I'm not sure about here in particular is "sostanziale". In fact, it appears throughout the document to distinguish between his formal status as a foreign based employee and his real status in practice as an Italian employee, based on the fact that he essentially carried out his work in Italy. The most obvious possibilities are "substantial" or "substantive", but they don't seem to google very well in association with "working activities" or "place of work".

Other examples of the use of "sostanziale"in this document are:

"datore di lavoro *sostanziale*"
"principale e *sostanziale sede* di lavoro"
"si dimostra la caratteristica della *sostanzialità*, abitualità, e prevalenza del lavoro “italiano”"
"A [foreign country], data la sua saltuaria presenza (anche sotto il profilo quantitativo, ma comunque sotto il profilo *sostanziale*),..."
"Mr XXXX era in costante contatto con i Clienti italiani e con il personale italiano, coerentemente con la *sostanza* del suo incarico lavorativo."

Thanks,
Dominic
Dominic Currie
Italy
Local time: 10:54
normal and customary work
Explanation:
I think I'd use "normal employer", "normal place of work", (HMRC does amazingly!) but I think you may have to revert to the "substance" of his job/employment. Not sure there is one word that will cover it all in English and still sound right!
HTH

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Note added at 7 days (2011-09-13 21:11:37 GMT) Post-grading
--------------------------------------------------

Many thanks Dominic :-)
Good solution!
Selected response from:

Linda Thody
United Kingdom
Local time: 09:54
Grading comment
Hi Linda, in the end decided "normal" was the most appropriate for "sostanziale" in this context, except for "datore di lavore sostanziale" where I decided to use "true employer".
4 KudoZ points were awarded for this answer



Summary of answers provided
4actual and habitual/ordinary
Thomas Roberts
3normal and customary work
Linda Thody
3measurable and regular work
Michael Korovkin


  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
actual and habitual/ordinary


Explanation:
actual place of work sounds ok

http://www.google.com/search?sourceid=chrome&ie=UTF-8&q="act...

Thomas Roberts
Works in field
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
PRO pts in category: 71

Peer comments on this answer (and responses from the answerer)
neutral  James (Jim) Davis: Is this a standard direct legal equivalent? Would for example would half a day a month of "actual work" qualify as "sostanziale" in Italian?// As in "diritto penale sostanziale"?
16 mins
  -> I think that if the question were whether the work were above a certain threshold, they would use "predominant" or "prevalent"
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
measurable and regular work


Explanation:
concrete work subject to a regular timetable

Michael Korovkin
Italy
Local time: 10:54
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in RussianRussian
PRO pts in category: 11
Login to enter a peer comment (or grade)

6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
normal and customary work


Explanation:
I think I'd use "normal employer", "normal place of work", (HMRC does amazingly!) but I think you may have to revert to the "substance" of his job/employment. Not sure there is one word that will cover it all in English and still sound right!
HTH

--------------------------------------------------
Note added at 7 days (2011-09-13 21:11:37 GMT) Post-grading
--------------------------------------------------

Many thanks Dominic :-)
Good solution!

Linda Thody
United Kingdom
Local time: 09:54
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
Grading comment
Hi Linda, in the end decided "normal" was the most appropriate for "sostanziale" in this context, except for "datore di lavore sostanziale" where I decided to use "true employer".
Login to enter a peer comment (or grade)



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