Wechsel-Initiativen

English translation: unsolicited approaches

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:wechsel-initiativen
English translation:unsolicited approaches
Entered by: Katy L Dean

14:32 Jan 10, 2020
German to English translations [PRO]
Bus/Financial - Law: Contract(s) / Partnership agreements
German term or phrase: Wechsel-Initiativen
Abwerbeverbot und Kundenschutz
Die Parteien unterlassen es für die Laufzeit dieses Vertrages und zwei Jahre hierüber hinaus, Mitarbeiter oder Kunden der jeweils anderen Partei aktiv abzuwerben.
Bei Wechsel-Initiativen durch Kunden oder Personal informieren sich die Parteien gegenseitig, sofern der Initiierende keine Verschwiegenheit eingefordert hat oder eine gesetzliche Verpflichtung entgegensteht.

I can't find any reference to 'Wechsel-Initiativen' anywhere. My suggested translation:

Non-solicitation and customer protection
The Parties shall refrain from actively soliciting employees or customers of the other party for the duration of this Agreement and for a period of two years thereafter.
The Parties shall inform each other of any reciprocal initiatives by customers or personnel, unless the initiator has requested confidentiality or unless prevented by legal obligation.

Would 'reciprocal' be the correct understanding of 'Wechsel' in this context? I am struggling to understand what could be meant.

Thanks in advance
Katy L Dean
Local time: 10:59
show signs of switching sides
Explanation:
"In the event that customers or employees show signs of switching sides..."
Initiativen describes any action that could be seen as taking steps to leave one company for the other or take one's business to the other. 'Reciprocal' is not a concept that applies here.

Compare with this:
Dealing With Employees Who 'Switch Sides'
https://ccbjournal.com/articles/dealing-employees-who-switch...

Employees or customers show signs of switching sides
Selected response from:

Michael Martin, MA
United States
Local time: 06:59
Grading comment
I agree that this covers the meaning the best, but the language is not the correct register for a contract. I therefore chose the following sentence: "The Parties shall inform each other of any unsolicited approaches by the other party’s customers or personnel, unless the respective customer or personnel has requested confidentiality or unless prevented by legal obligation." Thanks for your help K
4 KudoZ points were awarded for this answer



Summary of answers provided
4show signs of switching sides
Michael Martin, MA
4If any third party attempts to do so
philgoddard
4The Parties shall inform each other of any initiatives
AllegroTrans
3proposed change of supplier
Lancashireman


Discussion entries: 13





  

Answers


11 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
proposed change of supplier


Explanation:
https://www.google.com/search?q="proposed change of supplier...

Lancashireman
United Kingdom
Local time: 10:59
Native speaker of: Native in EnglishEnglish
PRO pts in category: 301

Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: It says "durch Kunden oder Personal".
1 hr
  -> I think asker picked the one who hadn't posted neutrals next to the others. A sobering lesson for us all.
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
show signs of switching sides


Explanation:
"In the event that customers or employees show signs of switching sides..."
Initiativen describes any action that could be seen as taking steps to leave one company for the other or take one's business to the other. 'Reciprocal' is not a concept that applies here.

Compare with this:
Dealing With Employees Who 'Switch Sides'
https://ccbjournal.com/articles/dealing-employees-who-switch...

Employees or customers show signs of switching sides

Michael Martin, MA
United States
Local time: 06:59
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 245
Grading comment
I agree that this covers the meaning the best, but the language is not the correct register for a contract. I therefore chose the following sentence: "The Parties shall inform each other of any unsolicited approaches by the other party’s customers or personnel, unless the respective customer or personnel has requested confidentiality or unless prevented by legal obligation." Thanks for your help K

Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: I think this is too colloquial for a contract.
1 hr

neutral  AllegroTrans: right idea but wrong register for a contract
5 hrs
  -> You people keep saying that. But I've yet to see any formal register alternatives. Phil's solution is a workaround which works only because the concept was explained in the preceding sentence.

neutral  Lancashireman: Unnecessarily adversarial
1 day 21 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
If any third party attempts to do so


Explanation:
The idea is that they won't poach customers or employees from each other, and will tell each other if someone else tries to.

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Note added at 2 hrs (2020-01-10 16:46:29 GMT)
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I'd say "required confidentiality" rather than "requested".

philgoddard
United States
Native speaker of: English
PRO pts in category: 228

Peer comments on this answer (and responses from the answerer)
neutral  Björn Vrooman: While I agree with your comments on the other answers, I don't understand where you get "...if someone else tries to..." from. Nowhere does it say that another company could be trying to poach employees or clients.
43 mins
  -> It doesn't say it in so few words, but I believe that is the implication. You mention poaching in your discussion entries.

neutral  TonyTK: With Björn. "Wechsel-Initiativen durch ... Personal" would be if one of A's employees wants to move to company B (or vice-versa), no?
16 hrs

neutral  AllegroTrans: It doesn't say "third parties" it says staff or customers
21 hrs
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23 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
The Parties shall inform each other of any initiatives


Explanation:
I am for the asker's own suggestion but I don't think "receiprocal" is needed

AllegroTrans
United Kingdom
Local time: 10:59
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 126
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