May 5, 2020 13:34
4 yrs ago
52 viewers *
French term

temps de présence

Non-PRO French to English Bus/Financial Human Resources in an OPEN-ENDED EMPLOYMENT CONTRACT
Context:
As part of CDI (OPEN-ENDED EMPLOYMENT CONTRACT
)
"La période d’essai peut être rompue par l’employeur en respectant un délai de prévenance dont la durée varie selon le temps de présence dans la société du titulaire du présent contrat soit :"
Change log

May 5, 2020 13:56: writeaway changed "Field" from "Law/Patents" to "Bus/Financial" , "Field (write-in)" from "OPEN-ENDED EMPLOYMENT CONTRACT" to "in an OPEN-ENDED EMPLOYMENT CONTRACT"

May 5, 2020 14:04: Jennifer White changed "Level" from "PRO" to "Non-PRO"

Votes to reclassify question as PRO/non-PRO:

PRO (1): Daryo

Non-PRO (3): mchd, Rob Grayson, Jennifer White

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Discussion

In addition @Daryo - In reference to your quote:
Whoever wrote this contract avoided like the plague any mention of "work" or "employment" when talking of "une période d'essai"

Firstly, you don't have access to the entire contract, so you haven't read the rest of it and you can't be sure. Secondly, read the text again:

La période d'essai peut être rompue par l'employeur ...

If there's an employeur, there's an employé. To suggest otherwise would be contrarian for the sake of it and ludicrous. An emploi is a job.

At most, I would agree that you could translate it like this:

The employer may end the probation period by giving notice, the duration of which will vary according to the contracting party's actual attendance time in the company ...

However, I've never seen it phrased that way in work contracts.
Why over-complicate it? I have never come across the notion of "time spent there to date" in a work contract. That is, in my opinion, a bit too vague so as to be confusing. Spent there? Where? Define "there." What if you work from home and from the company's premises? Will "there" be defined in the contract or should there be changed entirely? I think some commentators are fixating too much on the French word présence and allowing it to dominate over the practical meaning in English. Occam's razor = it's the amount of time worked at the company.

In work contracts, you typically talk of "time employed," as Phil mentioned, or the amount of time worked at a company. The probation period is still an employment period, and there is no controversy about calling it a period in which work was carried out. There is also no danger of future responsibility of providing work if the probation period is clearly defined in a contract.

The definition provided by ph-b leaves no room for doubt that it relates to a work contract and that it, therefore, involves the activity of work. There is no point in beating around the bush and calling it something else to avoid the fact that it involves work.
ph-b (X) May 6, 2020:
temps de présence On entend par présence effective dans l'entreprise le temps écoulé depuis la date de prise d'effet du contrat de travail en cours, à l'exclusion des périodes pendant lesquelles le contrat a été suspendu du fait de l'absence de l'intéressé pour maladie, accident, ou pour l'un des cas visés à l'article 14 concernant les congés exceptionnels. ( https://www.legifrance.gouv.fr/affichIDCC.do;jsessionid=042B... ) In other words, from the moment the contract incepted and for as long as it lasts/lasted. It is far from unusual, esp. these days, for a work contract to provide for a probationary period. That doesn't mean the person is not employed during the probationary period, in France anyway - assuming this is the source country.
Chris Milne (X) May 6, 2020:
I was thinking along the same lines as you when considering this @Daryo. It may seem like we are splitting hairs but I think it's justified when we are dealing with a contract of employment. I'll suggest the answer now for everyone to see.
Daryo May 6, 2020:
exactly! Whoever wrote this contract avoided like the plague any mention of "work" or "employment" when talking of "une période d’essai" (probably for some very good legal reasons!).

It's not the translator's business to decide that "how long he/she was present in the company" is the same as "working" or "being employed"

For all we know it's quite possible that during this "période d’essai" this person wasn't "working" at all but was going through some training, and the future employer wanted to leave open the option to part company with the potential employee if they don't show they are capable of following the training.

Point of method: these "little details" could make a not so little difference in case of litigation - they are hardly on the same level as some inconsequential chit-chat that could be lightly labelled "Non-Pro".

@ Chris Milne
you said it first, do you want to put your suggestion as your answer?
Chris Milne (X) May 5, 2020:
Time spent there to date '...depending on the duration of the probationary period to date'

Proposed translations

+3
17 mins
Selected

time employed

Or period of employment, or time at the company, or anything like that. I also thought "length of service", but that usually implies a longer period, and this is a short time.
Peer comment(s):

agree Michael Grabczan-Grabowski : Yes, that works.
2 hrs
agree Tony M
3 hrs
neutral Daryo : calling someone who is on trial "employed" is mildly misleading (same as caling interns "employed") and technically not what is said in the ST. Whoever wrote this contract must have avoided any mention of "employment" for some damn good reason ...
18 hrs
I'm not interested in your opinions, and I'm not going to bother discussing them, just as you ignore everyone's responses to your constant barrage of disagrees.
agree ph-b (X)
21 hrs
Something went wrong...
4 KudoZ points awarded for this answer.
23 mins

length of service or period of service

I have seen this in my own previous employment contract and found examples in various other texts:

Statutory minimum notice period are established according to the length of service, as follows:
- at least 2 weeks, for a period of service of more than 6 months but less than 1 year;
- at least 1 month, for a period of service of more than 12 months but less than 5 years;
- at least 2 months, for a period of service of more than 5 months but less than 10 years;
- at least 3 months, for a period of service of 10 years or more.
https://www.ilo.org/dyn/eplex/termmain.showCountry?p_lang=en...
Example sentence:

For the purpose of calculating entitlement to sick pay the period of service shall be the period of continuous service from the date of appointment to the first day of absence.

The length of time paid is linked to your length of service.

Peer comment(s):

neutral Tony M : Under circs. other than a trial period, this would be my preferred term; but in this specific context, it's not really applicable.
3 hrs
I see what you mean - this probably would be more relevant for a longer amount of time employed!
neutral Daryo : this person is on "période d’essai" - you would need some poetic licence to call that period a period of "service" and in the contract there is only a mention of pure "présence".
18 hrs
Something went wrong...
+1
3 hrs

time worked

In this context, I would translate it as "time worked."

You could translate the sentence like this:

The employer may end the probation period by giving notice, the duration of which will vary according to the amount of time worked in the company by the contracting party, namely:

or

The employer may end the probation period by giving notice, the duration of which will vary according to the amount of time the contracting party worked in the company, namely:

--------------------------------------------------
Note added at 4 hrs (2020-05-05 18:03:37 GMT)
--------------------------------------------------

@ Tony M
It's the word time that may make one think of hours, else "time" should be replaced with "days." "Days worked" would be readily understood, not so?

However, we can't be so sure that they are referring to days, as the text doesn't indicate what measure of time is used exactly. What is most likely is that they're counting days, but who knows, they could be desperately counting the hours until the employee's probation period is over. ;-)
Peer comment(s):

agree Yolanda Broad
6 mins
Thanks for the feedback, Yolanda.
neutral Tony M : I don't really think this is ideal, as ambiguous: we're not really talking about how many hours they might have worked, but how many days they have been employed by the company. 'time worked' usually relates to an hour basis
53 mins
I see where you're coming from, but if somebody were to ask you, "For how long did you work in your previous company?" the context would imply months or years. I think the context here indicates days more than hours. In isolation, "time worked" = hours.
neutral Daryo : you are maybe equating too quickly the time of "being present" with "working"
16 hrs
As someone who has been through various probation periods at companies, I can tell you that I still worked and got paid for it. A clearly defined probation period does not risk any misinterpretation for a longer-term work contract in future.
Something went wrong...
21 hrs

duration of the probationary period to date

Best fit in this context in my opinion, see discussion for rationale
Peer comment(s):

neutral ph-b (X) : True in context, but is it a translation of temps de présence (the question)?
1 hr
Perhaps not but it is a good fit for the context imho and I like to think that the poster would have been able to suss out 'time worked/employed' on their own.
Something went wrong...
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