Oct 6, 2020 08:25
3 yrs ago
18 viewers *
Spanish term
Chartered Linguist: Legal/Tech/Creative
Native in: English (Variants: British, US) 
Works in: French to English, Spanish to English, English
con sentencia de instancia que innovan y aplican figuras no.
Spanish to English
Law/Patents
Human Resources
collective dismissal
Full context:
"A día de hoy no existe jurisprudencia al respecto que aclare el alcance real de la prohibición y siendo aparentemente la opinión mayoritaria la de los que entienden que la prohibición es total y efectiva, resulta arriesgado tomar una decisión semejante ya que existe una inseguridad jurídica muy acusada, con sentencias de instancia que innovan y aplican figuras no."
This paragraph is taken from an employment lawyer's report on options for businesses facing insolvency and different ways to make staff redundant in the current climate. It refers to the ban on dismissals on objective grounds, which is inferred in emergency COVID legislation (Article 2 of Royal Decree-Law 9/2020, of 27 March 2020).
This is legal Spanish of peninsular Spain, translating into UK English. Provisional translation:
"To date, there is no case law on this issue clarifying the actual scope of the ban and, apparently, given that the view that the ban is total and effective is apparently widespread, taking such a decision is risky due to highly pronounced legal uncertainty, with first instance judgments that innovate and apply (or don't apply?) legal concepts."
The client was unable to provide clarification so I'm slightly at a loss as to what the final part could mean.
"A día de hoy no existe jurisprudencia al respecto que aclare el alcance real de la prohibición y siendo aparentemente la opinión mayoritaria la de los que entienden que la prohibición es total y efectiva, resulta arriesgado tomar una decisión semejante ya que existe una inseguridad jurídica muy acusada, con sentencias de instancia que innovan y aplican figuras no."
This paragraph is taken from an employment lawyer's report on options for businesses facing insolvency and different ways to make staff redundant in the current climate. It refers to the ban on dismissals on objective grounds, which is inferred in emergency COVID legislation (Article 2 of Royal Decree-Law 9/2020, of 27 March 2020).
This is legal Spanish of peninsular Spain, translating into UK English. Provisional translation:
"To date, there is no case law on this issue clarifying the actual scope of the ban and, apparently, given that the view that the ban is total and effective is apparently widespread, taking such a decision is risky due to highly pronounced legal uncertainty, with first instance judgments that innovate and apply (or don't apply?) legal concepts."
The client was unable to provide clarification so I'm slightly at a loss as to what the final part could mean.
Proposed translations
(English)
References
| Refs. |
Taña Dalglish
|
Proposed translations
2 hrs
Adrian MM.
Austria
Austria
Native in English
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
16
Spanish term (edited):
con sentencias de instancia que innovan y /no/ aplican figuras no.
with trial-stage judgements that are innovative and /disapply enshrined concepts/ apply new ones
Declined
From mainland Spain, so a typo - speculatively post-'liquid Spanish or Cuban lunch' that I shall not dwell on - cannot be ruled out. I like the widespread for total and pronounced vs. fraught for acusada.
I would, pace Helena C. include both - albeit contradictory translations, but would add the 'notarial certification' alternative of a literal translation of 'apply concepts not /sic./' as the Scrivener-Linguist Notarial firms I know in London would 'notarially attest' only the source text that is and refuse to 'notarise' anything else as a faithful and true translation of the original.
BTW. contrary to 'widespread' misconception, disapply is a bona fide verb and has been used in Factortame EU fishing case to 'suspend' the UK merchant Shipping Act 1988.
I would, pace Helena C. include both - albeit contradictory translations, but would add the 'notarial certification' alternative of a literal translation of 'apply concepts not /sic./' as the Scrivener-Linguist Notarial firms I know in London would 'notarially attest' only the source text that is and refuse to 'notarise' anything else as a faithful and true translation of the original.
BTW. contrary to 'widespread' misconception, disapply is a bona fide verb and has been used in Factortame EU fishing case to 'suspend' the UK merchant Shipping Act 1988.
2 hrs
Gabriel Ferrero
France
France
Native in English
France
Ora et labora
Native in: English
Works in: French to English, Spanish to English, Italian to English, and 13 more.
Judgemental interpretation
Declined
"A día de hoy no existe jurisprudencia al respecto que aclare el alcance real de la prohibición y siendo aparentemente la opinión mayoritaria la de los que entienden que la prohibición es total y efectiva, resulta arriesgado tomar una decisión semejante ya que existe una inseguridad jurídica muy acusada, con sentencias de instancia que innovan y aplican figuras no."
To-date there is no jurisprudential expediency to suggest that laying off staff is without critical legal consequences for the employer. Court rulings show that even though there is room for some judgemental interpretation, the law is on the side of those whom employers have hired.
To-date there is no jurisprudential expediency to suggest that laying off staff is without critical legal consequences for the employer. Court rulings show that even though there is room for some judgemental interpretation, the law is on the side of those whom employers have hired.
1 day 14 hrs
Lisa Rosengard
United Kingdom
United Kingdom
Native in English
United Kingdom
experienced and well qualified linguist
Native in: English (Variant: UK)
Works in: Spanish to English, English, Spanish, and 3 more.
with a new rule which they introduce, applying figures
Declined
In connection with new employment guidelines concerning the current situation and problems, judicial decisions may be prone to flaw, involving a risk. In the source text 'innovation' is found in the second phrase or main clause, suggesting that something new, potentially with a risk factor may be applied.
Example sentence:
Hoy día falta pensar en la jurisprudencia cuando se trata de la prohibición total que se entiende y se acepta. Cada decisión judicial (auto) tiene su riesgo por si haya fallo entre el juzgamiento. (con sentencias de instancia que innovan ...)
Nowadays jurisprudence might lack thought when it concerns total prohibition which is understood and accepted. Each judicial decision runs a risk in case there may be a flaw of justice. (with a new rule which they introduce and apply ..)
Reference comments
4 hrs
Taña Dalglish
Jamaica
Jamaica
Native in English
Jamaica
Translating the Ideas Behind the Words
Native in: English (Variant: British)
Works in: Spanish to English, English to Spanish, French to English, and 2 more.
Related KudoZ points
:
48
Reference:
Refs.
https://www.mutuauniversal.net/en/servicios/gestion-de-la-pr...
Extraordinary measures for the employment protection. Article 2
The force majeure and economic reasons, techniques, organisational and of production in which the measures of contracts and reduction in working hours suspension are protected considered in articles 22 and 23 of the Actual one decree-law 8/2020, of 17 March, you will not be able to understand as vindicative of the contract termination of work nor of the dismissal.
https://www.boe.es/boe/dias/2020/03/28/pdfs/BOE-A-2020-4152....
https://lupicinio.com/en/royal-decree-law-8-2020-of-17-march...
Reason for Force Majeure: Article 22. The suspension of contracts and the reduction of the working day which have a direct affect on the loss activity as a result of the different government measures put in place as a result of COVID-19, including the declaration of a state of emergency, which forces the suspension or cancellation of activities, the temporary closure of public places, public transport restrictions and, in general, the movement of people and goods, the lack of supplies which seriously affects the normal proceedings of such activities, or in emergency and extraordinary situations due to the contagion of the workforce or the adoption of preventative isolation measures enforced by the health authority, which are duly authorised and shall be considered as the result of a force majeure situation.
The summarized procedure:
a) The process will begin upon request by the company, which will also come with a report about the link to lost activity as a result of COVID-19, as well as, where appropriate, the corresponding supporting documentation. The company must inform employees of the request and transfer the internal report and supporting documents, if any, to the representatives of these workers.
b) The existence of force majeure, as a reason behind the suspension of contracts or the reduction of the working day stated in this article, must be confirmed by the labour authority, regardless of how many workers that are affected.
c) The decision of the labour authority will be announced within five days of the request, following a report, where appropriate, from the Labour and Social Security Inspectorate and shall be limited to ascertaining the existence, where appropriate, of the force majeure alleged by the company with the decision on acting upon measures to suspend contracts or reduce working hours, which will take effect from the start date of the situation which caused the force majeure.
d) The report of the Labour and Social Security Inspectorate, whose request will be optional for the labour authority, will be issued within a non-renewable period of five days.
2. Article 23. Based on the assumption that it is decided that the business needs to suspend contracts or reduce the length of the working day for productive, technical and organisational reasons relating to COVID-19, the following special measures will be applied, with respect to the procedure which is set out in the regulations governing these proceedings.
The procedure is the following:
a) In the case that staff have no legal representation, the committee representing the workers for the negotiation of the consultation period shall be made up of the most representative trade unions of the sector to which the company belongs and shall be entitled to be part of the negotiating committee for the applicable collective agreement. The committee will be made up of one person from each of the unions that meet these requirements, with decisions being taken by the corresponding representative majorities. If this representation is not formed, the committee will be made up of three workers from the company itself, elected in accordance with the provisions of Article 41.4 of the Workers’ Statute.
In any of the aforementioned scenarios, the representative committee must be formed within a non-extendible period of 5 days.
b) The consultation period between the business and the workers’ representation or the representative committee outlined in the previous point must not extend a maximum period of seven days.
c) The report from the Labour and Social Security Inspectorate, whose request is optional for the labour authority, shall be issued within a non-extendible period of seven days.
I believe Helena alluded to this document:
https://www.garrigues.com/en_GB/new/spain-royal-decree-law-8...
***Interesting reading here in English:
https://www.garrigues.com/sites/default/files/documents/covi...
I think you are correct and something along these lines may work?
... con sentencia de instancia que innovan y aplican figuras no. (novedosas).
... with first instance judgments that innovate and apply groundbreaking (novel) concepts (solutions).
Extraordinary measures for the employment protection. Article 2
The force majeure and economic reasons, techniques, organisational and of production in which the measures of contracts and reduction in working hours suspension are protected considered in articles 22 and 23 of the Actual one decree-law 8/2020, of 17 March, you will not be able to understand as vindicative of the contract termination of work nor of the dismissal.
https://www.boe.es/boe/dias/2020/03/28/pdfs/BOE-A-2020-4152....
https://lupicinio.com/en/royal-decree-law-8-2020-of-17-march...
Reason for Force Majeure: Article 22. The suspension of contracts and the reduction of the working day which have a direct affect on the loss activity as a result of the different government measures put in place as a result of COVID-19, including the declaration of a state of emergency, which forces the suspension or cancellation of activities, the temporary closure of public places, public transport restrictions and, in general, the movement of people and goods, the lack of supplies which seriously affects the normal proceedings of such activities, or in emergency and extraordinary situations due to the contagion of the workforce or the adoption of preventative isolation measures enforced by the health authority, which are duly authorised and shall be considered as the result of a force majeure situation.
The summarized procedure:
a) The process will begin upon request by the company, which will also come with a report about the link to lost activity as a result of COVID-19, as well as, where appropriate, the corresponding supporting documentation. The company must inform employees of the request and transfer the internal report and supporting documents, if any, to the representatives of these workers.
b) The existence of force majeure, as a reason behind the suspension of contracts or the reduction of the working day stated in this article, must be confirmed by the labour authority, regardless of how many workers that are affected.
c) The decision of the labour authority will be announced within five days of the request, following a report, where appropriate, from the Labour and Social Security Inspectorate and shall be limited to ascertaining the existence, where appropriate, of the force majeure alleged by the company with the decision on acting upon measures to suspend contracts or reduce working hours, which will take effect from the start date of the situation which caused the force majeure.
d) The report of the Labour and Social Security Inspectorate, whose request will be optional for the labour authority, will be issued within a non-renewable period of five days.
2. Article 23. Based on the assumption that it is decided that the business needs to suspend contracts or reduce the length of the working day for productive, technical and organisational reasons relating to COVID-19, the following special measures will be applied, with respect to the procedure which is set out in the regulations governing these proceedings.
The procedure is the following:
a) In the case that staff have no legal representation, the committee representing the workers for the negotiation of the consultation period shall be made up of the most representative trade unions of the sector to which the company belongs and shall be entitled to be part of the negotiating committee for the applicable collective agreement. The committee will be made up of one person from each of the unions that meet these requirements, with decisions being taken by the corresponding representative majorities. If this representation is not formed, the committee will be made up of three workers from the company itself, elected in accordance with the provisions of Article 41.4 of the Workers’ Statute.
In any of the aforementioned scenarios, the representative committee must be formed within a non-extendible period of 5 days.
b) The consultation period between the business and the workers’ representation or the representative committee outlined in the previous point must not extend a maximum period of seven days.
c) The report from the Labour and Social Security Inspectorate, whose request is optional for the labour authority, shall be issued within a non-extendible period of seven days.
I believe Helena alluded to this document:
https://www.garrigues.com/en_GB/new/spain-royal-decree-law-8...
***Interesting reading here in English:
https://www.garrigues.com/sites/default/files/documents/covi...
I think you are correct and something along these lines may work?
... con sentencia de instancia que innovan y aplican figuras no. (novedosas).
... with first instance judgments that innovate and apply groundbreaking (novel) concepts (solutions).
Note from asker:
| Thank you Taña for your very thorough and insightful response! |
Peer comments on this reference comment:
| agree |
EirTranslations
4 hrs
|
|
Thank you Eir. Continue to stay safe.
|
Discussion
I did request clarification but all I was told was "es así" so, what can you do? Thanks again for your helpful response :)
As I say, I'm just guessing, which is why I haven't posted an answer.
What is the meaning of the "no." at the end
https://www.laboral-social.com/rdl-30-2020-ertes-covid-fuerz...
...por lo que junto a los procesos contra actos y reglamentos, se añaden nuevas figuras, como los recursos contra la inactividad y contra las vías de hecho.
https://elderecho.com/las-conclusiones-contenido-alcance-lim...
La norma regula las nuevas figuras de ERTE por impedimento y ERTE por limitaciones.
https://www.garrigues.com/es_ES/noticia/covid-19-asi-es-nuev...