con sentencia de instancia que innovan y aplican figuras no.
| 08:25 Oct 6, 2020 |
| Spanish to English translations [PRO] Law/Patents - Human Resources / collective dismissal | |||||||
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| Discussion entries: 9 | |
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Answers
2 hrs confidence: 
| 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 Explanation: 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. Reference: http://www.wikiwords.org/dictionary/term/516240/1029998 |
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2 hrs confidence:
Judgemental interpretation Explanation: "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. |
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1 day 14 hrs confidence:
with a new rule which they introduce, applying figures Explanation: 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(s):
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Reference comments
4 hrs peer agreement (net): +1 |
| Reference: Refs. Reference information: 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). |
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