\"derecho personalísimo a extinguir de los empleados\"

11:51 Aug 24, 2018
Spanish to English translations [PRO]
Bus/Financial - Human Resources / Collective bargaining agreements
Spanish term or phrase: \"derecho personalísimo a extinguir de los empleados\"
Hello everyone,

Can anyone offer a suitable translation of "derecho persona a extinguir"? It comes from a collective bargaining agreement.

"Se reconoce como un derecho personalísimo a extinguir de los empleados que a la firma del presente Convenio lo estuvieran percibiendo, unas prestaciones complementarias de ayuda familiar que con carácter definitivo se continuarán abonando mensualmente, como hasta ahora, hasta que desaparezca el derecho, con arreglo a la siguiente escala:"

Does this mean "personal right to be discharged/discontinued/extinguished"?

Thanks for any help
Simon Davies
United Kingdom
Local time: 00:32


Summary of answers provided
4 +1employees' non-transferable extinguishible right
Rebecca Jowers
4the phasing out of employees right to(...)benefits
Enrique Bjarne Strand Ferrer
3discontinue
Stuart and Aida Nelson


Discussion entries: 3





  

Answers


18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
discontinue


Explanation:
I understand something like

the company has its own [personalísimo] right to discontinue the [prestaciones] from the employees

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Note added at 35 mins (2018-08-24 12:26:46 GMT)
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the company has its own [personalísimo] right to discontinue the [prestaciones] from the employees [...] at the time? when the right to receive the benefit ceases.

Stuart and Aida Nelson
United Kingdom
Local time: 00:32
Works in field
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish

Peer comments on this answer (and responses from the answerer)
neutral  Robert Forstag: Rereading this, it is well possible that you are right here. // No, upon rereading, I think that the reference is to employer rights to discontinue the benefits. But the language seems murky, so I am not entirely sure.
25 mins
  -> You could be right, the problem is why 'extinguir'? The employees have the right to 'extinguir'. Lol, see discussion
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
employees' non-transferable extinguishible right


Explanation:
I know this may sound strange (it does to me), but it appears that rights are "extinguished" (rather than being discontinued, phased out, etc.):

"Extinguishment: The cessation or cancellation of a right or interest"
(Black's Law Dictionary)

"Extinguishment: The destruction or cancellation of a right, a power, a contract, or an estate."
https://legal-dictionary.thefreedictionary.com/Extinguishmen...

"Extinguishment: The termination of legal rights."
http://www.duhaime.org/LegalDictionary/E/Extinguishment.aspx

When referring to a right, "personalísimo" means that it is non-transferable and cannot be enjoyed by anyone other than the rightsholder.

A very loose translation of your text might be:

"It is hereby acknowledged, as a nontransferable extinguishable right, that the employees who at the execution of the present Agreement were receiving additional family subsidy benefits will, in effect, continue to do so as they have in the past, in monthly payments, until that right is extinguished according to the following schedule:"

Hope I'm on the right track...




Rebecca Jowers
Spain
Local time: 01:32
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
agree  Manuel Moreno
10 hrs
  -> Thanks Manuel
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
the phasing out of employees right to(...)benefits


Explanation:
The precise wording can off course be improved....

The key here is that employees have the right to some benefits, but this right is being phased out, meaning that new employees will not receive this benefit.

From RAE:
a extinguir
1. loc. adj. Dicho de un empleo: Que no se cubre una vez vacante.

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Note added at 2 hrs (2018-08-24 14:05:18 GMT)
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the phasing out of employees' right to(...)benefits
edit:'

Enrique Bjarne Strand Ferrer
Norway
Local time: 01:32
Specializes in field
Native speaker of: Native in NorwegianNorwegian, Native in SpanishSpanish
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