This question was closed without grading. Reason: Other
Aug 5, 2010 16:03
13 yrs ago
Portuguese term

Entire paragraph of the Act

Portuguese to English Law/Patents Human Resources Section of a Labour Act
I am translating sections of the Labour Act of Guinea-Bissau from French, but the Fr was translated from the original Portuguese (which I do not speak), and this paragraph is so ambiguous, I have had to refer to the original (I have only a really faded scanned copy) - and it is still ambiguous. I am not sure if it means that public holidays have to be paid, but may not be paid as overtime (presumably not at time-and-a-half or double time, for example) OR if it means that the employer is not allowed to ask them to work extra overtime to make up for the lost hours; OR that they may not be cajoled into working on Public Holidays by being paid for them as overtime. The heading of the Article is "Feriados nacionais - Garantias da retribuição" (very faded section of the copy). Any input will be greatly appreciated.

"O trabalhador tem direito à retribuição correspondente aos feriados nacionais, sem que o empregador os possa compensar com trabalho extraordinário."
Proposed translations (English)
4 +1 check below

Discussion

Hermien Desaivre (asker) Aug 12, 2010:
I feel this is the right answer But I cannot award points, because you posted it as a discussion. I'll wait a day if you want to change this to an answer posting, otherwise I'll close without grading, with many thanks to all of you who responded. It was a particularly difficult job for me.
Hermien Desaivre (asker) Aug 5, 2010:
Thank you It is starting to make sense.
Ricardo Horta Aug 5, 2010:
Not sure about the... ..."compensation for". In Portuguese, that would be "compensar por", but the text says "compensar com" (with).<br><br>
Also, the sentence starts with "O trabalhador", singular. Then we have "os possa compensar", plural. So, I think that this is referring to the "feriados nacionais", also plural, not the worker, meaning that the employer cannot compensate those holidays with extra work, like I said before.
Ricardo Horta Aug 5, 2010:
This means... ...that the worker has the right to receive payment for the national holidays and that the employer can't compensate those days with extra days of work.<p>

Imagine that next Monday is a holiday. This means you'll work from Tuesday to Friday (presuming you have weekends off). What the second part of the sentence means, if I'm getting it right, is that the employer can't make workers go work on Saturday, for example, to compensate Monday's holiday.<p>
Hope this helps.
Hermien Desaivre (asker) Aug 5, 2010:
French text Le travailleur a droit à une rétribution correspondante aux fériés nationaux, sans que l’employeur puisse le compenser avec des heures supplémentaires.

Proposed translations

+1
37 mins

check below

Employees are entitled to the fee for national holidays, without compensation for overtime work from the employer.
Note from asker:
Thank you for the fast reply.
Thank you so much for helping me with this question. In the context I feel that ricardonhorta's answer fits best. It was very ambiguous but seeing as this law definitely favours the employee, it made more sense that the restriction would apply to the employer rather than the employee. Many, many thanks - this was a really tough job.
Peer comment(s):

agree Jennifer Byers : i.e that they receive normal pay for working on a holiday, not overtime
53 mins
ta
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