Jul 31, 2023 22:22
10 mos ago
49 viewers *
Spanish term
Argentina
Sworn Translator and Interpreter
Native in: Spanish 
Works in: Spanish to English, English to Spanish
Despido por desahucio
Spanish to English
Law/Patents
Human Resources
TEXTO: " el ... de mayo, la empresa le notificó al trabajador la decisión de ponerle fin al contrato de trabajo mediante el uso del desahucio".
"El desahucio es el acto por el cual una de las partes, mediante aviso preaviso y sin alegar cause, ejerce el derecho de poner término a su contrato de trabajo por tiempo indefinido".
Toda ayuda será bienvenida. ¡Muchas gracias!
Pilar.
"El desahucio es el acto por el cual una de las partes, mediante aviso preaviso y sin alegar cause, ejerce el derecho de poner término a su contrato de trabajo por tiempo indefinido".
Toda ayuda será bienvenida. ¡Muchas gracias!
Pilar.
Proposed translations
(English)
| 3 +1 | To release |
Edward Tully
|
| 4 | use of a no-reasons dismissal notice |
Adrian MM.
|
| 3 | To separate |
Matthew Fuzzey
|
| 2 | Dismissal without cause |
Taña Dalglish
|
Proposed translations
+1
39 mins
Edward Tully
Native in English
Works in field
Because your words matter
Native in: English (Variants: US, UK) 
Works in: Spanish to English
Related KudoZ points
:
139
To release
As Matthew says, a 'no-blame' amicable end to an employment contract.
https://www.google.com/search?q="to release" employment dism...
https://www.google.com/search?q="to release" employment dism...
Note from asker:
| Thanks Edward! |
Peer comment(s):
| agree |
Andrew Bramhall
: As a more neutral option, this works;
15 hrs
|
|
Many thanks Andrew! -;)
|
14 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):
uso de desahucio
use of a no-reasons dismissal notice
... as opposed to summary dismissal without any notice.
Redundance would routinely be company-wide.
desahucio: notice of discharge or resignation, Butterworths.
The question refers to uso de desahucio, rather than despido por deshuicio that might be a tautology: desahuciar = dismiiss, West
Source-country - Argentina (or Chile etc. > severance pay, entry 2, West)?
Otherwise, the dismissal may well be for (just) cause, but no reasons spelled / spelt out.
Redundance would routinely be company-wide.
desahucio: notice of discharge or resignation, Butterworths.
The question refers to uso de desahucio, rather than despido por deshuicio that might be a tautology: desahuciar = dismiiss, West
Source-country - Argentina (or Chile etc. > severance pay, entry 2, West)?
Otherwise, the dismissal may well be for (just) cause, but no reasons spelled / spelt out.
Example sentence:
A summary dismissal of employment is the immediate termination of an employee due to their behavior(u), the basis of which is gross misconduct.
It is crucial to remember that any reasons for redundancy that involve the individual employee are not valid.
23 mins
To separate
To separate
Means that they are not firing you and you are not necessarily quitting. It's more of a legal term used by the attorneys in Human Resources so that they do not get sued.
The company has decided to move forward without the employee by either not renewing the contract, or "separating."
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Note added at 15 hrs (2023-08-01 13:44:43 GMT)
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Most HR departments are very specific in their use of words. This is for liability reasons. The term "fired", "dismissed" or "terminated" generally puts blame on the employee and not the employer. "To separate" is ambiguous.
I was once "separated" . When I asked HR why they were "firing me," the response was immediate; "I never said fired, I said separated!"
Understand that every HR department in the U.S. has attorneys who word things very carefully.
Hope this helps.
Means that they are not firing you and you are not necessarily quitting. It's more of a legal term used by the attorneys in Human Resources so that they do not get sued.
The company has decided to move forward without the employee by either not renewing the contract, or "separating."
--------------------------------------------------
Note added at 15 hrs (2023-08-01 13:44:43 GMT)
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Most HR departments are very specific in their use of words. This is for liability reasons. The term "fired", "dismissed" or "terminated" generally puts blame on the employee and not the employer. "To separate" is ambiguous.
I was once "separated" . When I asked HR why they were "firing me," the response was immediate; "I never said fired, I said separated!"
Understand that every HR department in the U.S. has attorneys who word things very carefully.
Hope this helps.
Example sentence:
The company notified the worker of their decision to separate.
Note from asker:
| Thank you, Matthew! |
26 mins
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
Dismissal without cause
dismissal without cause. "Desahucio" also means eviction, but that does not work in this context.
From OECD and ILO sources:
https://www.oecd.org/employment/emp/Dominican Republic.pdf
Dismissal without cause or Desahucio: written notice must be given to the employee and within 48 hours of such notice, a written communication to the Labour Department (or the local labor authority exercising such duties) must also be delivered (article 77 LC).
https://eplex.ilo.org/valid-and-prohibited-grounds-for-dismi...
Either of the parties may terminate the contract of employment if the other ... 161 LC, the employer can dismiss without cause (by way of desahucio) ... https://eplex.ilo.org/fr/redundancy-and-severance-pay/
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Note added at 28 mins (2023-07-31 22:50:36 GMT)
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Also "At will termination".
Arbeitsrecht Guzmán Ariza | The Dominican Republic law ...
https://www.drlawyer.com › deutsch › arbeitsrecht
5.1. At Will Termination (“Desahucio”)
Any party to an employment contract has the right to terminate it unilaterally without the need to specify a cause (Art. 75). The terminating party must give 7, 14 or 28 days advance notice of this decision to the other party depending on whether the agreement has been in force for more than 3, 6 or 12 months respectively (Art. 76). A late notice or no notice at all will entail a penalty of one day’s salary for every day of noncompliance (Art. 79). Employers who exercise their right to terminate their employees without cause must make severance payments to the terminated employee as detailed below in 5.3 (Art. 80).
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Note added at 19 hrs (2023-08-01 17:23:16 GMT)
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https://www.globalexpansion.com/countrypedia/dominican-repub...
At Will Termination ("desahucio")
Any party to an employment contract has the right to terminate it unilaterally without having to specify a cause.
The party that terminates the employment contract must give an advance notice to the other party
For Cause Termination by the Employee ("dimisión")
An employee may resign from his or her job for cause (dimisión).
For cause termination by employees also requires evidence of the commission by the employer of one or several of the listed grounds for termination.
This is from Cornell University!
https://ecommons.cornell.edu/bitstream/handle/1813/73936/WWG...
Finally, indemnity is also available to dismissed employees who had authority
to represent the employer or who served in confidential positions, even though
such employees may be terminated without the employer having to state a cause
(“desahucio del empleador”).
Chile
https://eplex.ilo.org/country-detail/?code=CHL&yr=2019
Procedures for individual dismissal ... Dismissal without cause (desahucio) of persons in positions of trust, ... Procedures for collective dismissal.
From OECD and ILO sources:
https://www.oecd.org/employment/emp/Dominican Republic.pdf
Dismissal without cause or Desahucio: written notice must be given to the employee and within 48 hours of such notice, a written communication to the Labour Department (or the local labor authority exercising such duties) must also be delivered (article 77 LC).
https://eplex.ilo.org/valid-and-prohibited-grounds-for-dismi...
Either of the parties may terminate the contract of employment if the other ... 161 LC, the employer can dismiss without cause (by way of desahucio) ... https://eplex.ilo.org/fr/redundancy-and-severance-pay/
--------------------------------------------------
Note added at 28 mins (2023-07-31 22:50:36 GMT)
--------------------------------------------------
Also "At will termination".
Arbeitsrecht Guzmán Ariza | The Dominican Republic law ...
https://www.drlawyer.com › deutsch › arbeitsrecht
5.1. At Will Termination (“Desahucio”)
Any party to an employment contract has the right to terminate it unilaterally without the need to specify a cause (Art. 75). The terminating party must give 7, 14 or 28 days advance notice of this decision to the other party depending on whether the agreement has been in force for more than 3, 6 or 12 months respectively (Art. 76). A late notice or no notice at all will entail a penalty of one day’s salary for every day of noncompliance (Art. 79). Employers who exercise their right to terminate their employees without cause must make severance payments to the terminated employee as detailed below in 5.3 (Art. 80).
--------------------------------------------------
Note added at 19 hrs (2023-08-01 17:23:16 GMT)
--------------------------------------------------
https://www.globalexpansion.com/countrypedia/dominican-repub...
At Will Termination ("desahucio")
Any party to an employment contract has the right to terminate it unilaterally without having to specify a cause.
The party that terminates the employment contract must give an advance notice to the other party
For Cause Termination by the Employee ("dimisión")
An employee may resign from his or her job for cause (dimisión).
For cause termination by employees also requires evidence of the commission by the employer of one or several of the listed grounds for termination.
This is from Cornell University!
https://ecommons.cornell.edu/bitstream/handle/1813/73936/WWG...
Finally, indemnity is also available to dismissed employees who had authority
to represent the employer or who served in confidential positions, even though
such employees may be terminated without the employer having to state a cause
(“desahucio del empleador”).
Chile
https://eplex.ilo.org/country-detail/?code=CHL&yr=2019
Procedures for individual dismissal ... Dismissal without cause (desahucio) of persons in positions of trust, ... Procedures for collective dismissal.
Note from asker:
| Thank you, Taña, Marcelo and Neil! :) |
Peer comment(s):
| agree |
Marcelo González
4 mins
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Thank you, Marcelo.
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| agree |
neilmac
8 hrs
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Thanks Neil.
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| disagree |
Matthew Fuzzey
: "Dismissal without cause" puts liability on the employer. I'm not sure what country you are dealing with, but here in the U.S., the term is "to separate." "To separate" is ambiguous. "Dismissal without cause" puts the liability squarely on the employer.
14 hrs
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I hardly think this relates to the US (the asker did not say which country) and further the ILO is a solid reference. Contexto: "El desahucio es el acto por el cual una de las partes, mediante aviso preaviso y sin alegar cause."
|
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| disagree |
Andrew Bramhall
: 's about eviction here, in this context;Agree with Mathew, and the asker has since confirmed US target audience; also, I understand 'desahucio' as eviction, // but did NOT say it means eviction in this particular case;
15 hrs
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I disagree. Eviction does not work in context and furthermore, a second option I provided states: https://www.drlawyer.com › deutsch › arbeitsrecht 5.1. At Will Termination (“Desahucio”)
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Discussion
https://www.upcounsel.com/employment-at-will-definition
It could be, although I've never heard the term used in the U.S. before, but it appears to be correct. Again, I think the focus should be put on liability. At-will termination could do that if the employee fit the category of at-will employment. It's somewhat ambiguous, like "separation" which I have heard used many times in the U.S.