Glossary entry

French term or phrase:

assesseur-assuré

English translation:

Employee Insurance Examiner

Added to glossary by Adrian MM.
Nov 4, 2022 13:52
1 yr ago
34 viewers *
French term

assesseur-assuré

French to English Law/Patents Human Resources Luxembourg legal system (with regard to leave entitlement for specific functions).
From the context it appears that there are two types of assessor. From research is appears that there are two assessors (perhaps equivalent to magistrate's/judge's assistants) working in the Tribunal du travail in Luxembourg at any given time. This term is usually simply translated as "assessor". The paragraph this relates to, refers to people "remplisaant le mandat [...] d'assesseur-assuré ou d'assessor-employeur du Conseil arbitral/Conseil supérieur des assurances sociales." Any ideas about this/these functions? Is it as simple as an "insured-assessor" or an "employer-assessor"?
References
ref.
Change log

Nov 18, 2022 13:10: Adrian MM. Created KOG entry

Discussion

Bourth Nov 4, 2022:
Like FPC I thought of 'beneficiary', and that is still my preference, but in Luxembourg English they seem to like "insured". See image.
FPC Nov 4, 2022:
I don't know Luxemburg, but this Conseil arbitral clearly seems to be a body (governance, surveillance, arbitration, etc...) of the larger system of social security and labour/employment. Now "assesseur" would be a councilor, that is someone who sits on the Council/committee and there are clearly at least two type of figures that are actors of a social security system: beneficiaries ("assurés") (often people who work but not limited to them) and employers ("employeurs") because most of social security is paid for by contributions made by workers and employers.
So off the top of my head, if you're sure about "assessor" I'd call them "assessor-beneficiary" and "assessor-employer"

Proposed translations

+2
2 hrs
Selected

Employee Insurance Examiner

Literally, 'Insured's side examiner'.

Assesseur, otherwise an 'Assistant Judge' cf. Gerichtsassessor in AUT, so perilously close to a 'Tenured Assistant Judge'.

An insured (doubles as an adjective and noun) or insured party vs. 'assured' if life ins. benefits are being claimed.

('Minimum Qualifications Reachable on the Employee Insurance Examiner 1 eligible list OR eligible for a 70.1 transfer or commissioner').

(Article 73 ... Employed person is defined in Article 1(a) of the Regulation in very general terms so as to include any person who is *insured* for one or more of the contingencies covered by the branches of a social security scheme. https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:61... )

*assesseur*-employeur - Employer Insurance (employer's-side) examiner

assesseur-magistrat - Judicial Examiner rather than an Examining Justice - who, in E&W, used to conduct Committal Proceedings (Juge d'Instruction).

No doubt, ex-Lux staff colleagues (there is more than one) will be coming in on this one.
Example sentence:

Les assesseurs-assurés et assesseurs-employeurs auprès des juridictions de la sécurité sociale touchent des vacations ou indemnités, à fixer par règlement grand-ducal. (R. 19.12.2008; R. 22.1.2009)

IATE: fr assesseur (d'un jury > of a tribunal or prof. disciplinary committee, Bridge)) Consilium en examiner

Peer comment(s):

agree philgoddard
39 mins
Thanks, Phil.
agree Anastasia Kalantzi
3 days 58 mins
Efaristo, Anastasio, merci and thanks.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+1
2 hrs

assessor-insured

assessor-insured, and assessor-employer

In Luxembourg, the labour courts are responsible for resolving employment law disputes, with exclusive jurisdiction over all such disputes regardless of the amount at stake. The labour courts thus have sole jurisdiction over all issues arising from or in connection with employment relationships, including those related to dismissals, supplementary pension schemes and apprenticeship agreements.
Generally, a labour court is composed of one professional judge and two non-professional assessors.

https://thelawreviews.co.uk/title/the-labour-and-employment-...

Leave for Corporate Office
Employees fulfilling the mandate of a member of a professional chamber, member of a body of an institution of social security, an assessor with the Labor Court, assessor-insured, and assessor-employer of the Board of Arbitration Insurance and the Higher Social Insurance Council are entitled to special leave. A Grand-Ducal regulation may set the terms and determine the number of working days or parts of working days that are considered under this leave. During this leave, employees who exercise one of these mandates or one of these functions may be absent from their place of work while maintaining their normal salary. Labor Code, 2006 (last amended 2021), L. 234.71.

https://www.replicon.com/regulation/luxembourg/

Les assesseurs-assurés et les assesseurs-employeurs sont nommés par le ministre ayant dans ses attributions la Sécurité sociale pour une durée de cinq ans sur base d'une liste de candidats présentée par les chambres professionnelles intéressées. Ils restent en fonction jusqu'à l'entrée en fonction de leur successeur.

https://www.google.com/search?q=assesseur-assuré ou assesseu...
Peer comment(s):

neutral writeaway : 100% certain??
43 mins
Why don’t you ask the Government of the Grand Duchy of Luxembourg about 100% confidence in the information on their official webpage? https://guichet.public.lu/en/citoyens/travail-emploi/conges-...
agree liz askew
1 day 1 hr
neutral philgoddard : This looks and sounds odd to me, especially the hyphen.
1 day 3 hrs
Something went wrong...

Reference comments

1 day 3 hrs
Reference:

ref.

Legal systems in Luxembourg: overview | Practical Law
https://uk.practicallaw.thomsonreuters.com › ...
1 Mar 2021 — The Tribunal du travail is composed of a professional judge and two assessors, including an employee and an employer's representatives.

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Note added at 1 day 3 hrs (2022-11-05 17:42:22 GMT)
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https://www.eurofound.europa.eu/efemiredictionary/labour-tri...

LUXEMBOURG
TRIBUNAL DU TRAVAIL
LABOUR TRIBUNAL

Name given to the tripartite judicial bodies (one in each magistrate's area) which nowadays possess unified jurisdiction to deal with individual disputes relating to the contract of employment that arise between employers and employees, i.e. irrespective of whether the latter are white-collar or manual workers (see labour jurisdiction ). Each Tribunal consists of a presiding magistrate, one employee-assessor and one employer-assessor (see Labour Tribunal assessors ). In general the rules of procedure are the same as those applicable to ordinary magistrates' courts, but in addition to the provision for an injunction procedure (référé ) introduced under the Law of 6 December 1989, the presiding magistrate of a Tribunal also possesses special powers granted under the Law of 24 May 1989 on the contract of employment. These allow urgent rulings on nullity of dismissal and orders for reinstatement (see maternity protection against dismissal , protection against dismissal of board-level employee representatives , protection against dismissal of employee committee members , protection against dismissal of joint works committee members ), and also the interim award of entitlement to unemployment benefit pending a final ruling on a claim against dismissal for grave cause . See also appeal against Labour Tribunal decisions .

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Note added at 1 day 3 hrs (2022-11-05 17:45:42 GMT)
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Magistrate's Court — Guichet.lu - Administrative Guide
https://guichet.public.lu › organismes › justice-paix
16 Sept 2021 — The labour tribunal has a court magistrate who is the president of the court and 2 assessors where one is chosen among the employers and the ...

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Note added at 1 day 23 hrs (2022-11-06 13:13:44 GMT)
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employee-assessor and one employer-assessor
Peer comments on this reference comment:

agree Steve Robbie : employee-assessor and employer-assessor, as above, seem like better English translations than those posted as answers so far
16 hrs
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