Aug 24, 2018 11:51
5 yrs ago
8 viewers *
Spanish term

\"derecho personalísimo a extinguir de los empleados\"

Spanish to English Bus/Financial Human Resources Collective bargaining agreements
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

Discussion

agree w/ Robert a basic right to discontinue the employee's(......),benefits
Edit: Changed my mind - se proposal....
Stuart and Aida Nelson Aug 24, 2018:
extinguir I was also thinking if 'extinguir' has some legal hidden meaning of 'benefit from'. It would then fit perfectly well with Robert's suggestion.
Stuart and Aida Nelson Aug 24, 2018:
@ Agree with Robert with the intended meaning. However, something appears to be missing in the ST.

Proposed translations

18 mins

discontinue

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.
Peer comment(s):

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
Something went wrong...
+1
1 hr

employees' non-transferable extinguishible right

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...


Peer comment(s):

agree Manuel Moreno
10 hrs
Thanks Manuel
Something went wrong...
2 hrs

the phasing out of employees right to(...)benefits

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:'
Something went wrong...
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