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  2. German to English
  3. Law: Contract(s)

das Gebot der Rücksichtnahme und Treuepflichten

18:46 Mar 6, 2020
This question was closed without grading. Reason: Other

German to English translations [PRO]
Law/Patents - Law: Contract(s) / Coronavirus instructions for employers
German term or phrase: das Gebot der Rücksichtnahme und Treuepflichten
A list of instructions for employers and workers concerning coronavirus.

The full sentence reads:

Doch auch ohne (kollektiv-)vertragliche Grundlage kann der Arbeitgeber das mobile Arbeiten im Einzelfall mit Blick auf das Gebot der Rücksichtnahme und Treuepflichten anordnen,

but it's the last bit that I want to clarify.
Helen Birkbeck
United Kingdom
Local time: 07:14


Summary of answers provided
4where reasonable/within reason
philgoddard
3 +1duty to show consideration and loyalty
Michael Martin, MA
3tacit respect and fidelity/loyalty agreement
Ramey Rieger (X)
3 -1the duty of care and fiduciary obligations
Adrian MM.
3 -1due care and fiduciary commitments
Chris Pr


Discussion entries: 9





  

Answers


7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
where reasonable/within reason


Explanation:
I think any attempt to stay close to the German would sound odd.

This is one of those instances where you're justified in throwing the source text out of the window, and writing something you'd expect to see in a similar English text.

So I suggest:

"Even where this is not laid down in the employees' contracts, or in a collective agreement, the employer may, where reasonable, require them to work from home/remotely."

philgoddard
United States
Native speaker of: English
PRO pts in category: 228
Notes to answerer
Asker: Very helpful; thank you.


Peer comments on this answer (and responses from the answerer)
neutral  Michael Martin, MA: I often favor a holistic solution but you're taking this too far. I think the reader should be aware that this author is invoking legal concepts, however pompous they may sound in the context./But is it one we're looking for?
9 hrs
  -> "Where reasonable" is a legal concept.
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13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
the duty of care and fiduciary obligations


Explanation:
Thnaks to Björn V.'s discussion entry. I have changed fiduciary duties to obligations to avoid the 'duty of care' double-up.

This follows the German and, in the words of the late translator and linguist, Professor Peter Newmark, accounts for 'every word in the sozrce text' and without sounding odd.


    Reference: http://kuscholarworks.ku.edu/bitstream/handle/1808/14895/Ayd...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 42
Notes to answerer
Asker: I was wondering about the 'fiduciary duties'; this is helpful; thank you!


Peer comments on this answer (and responses from the answerer)
disagree  Daniel Arnold (X): fiduciary isnt what Treue means here (fiduciary is a property law term), you can google it "Treuepflicht Arbeitgeber", it means solidarity & loyalty. > solidarity as a term is not reserved for the Polish historical event my friend ;-)
7 hrs
  -> Solidarity was the name of a Polish Trade Union movement, besides which it is the employers as fiduciaries, not the employees beim mobilen Arbeiten, who need to have regard to das Gebot der Rücksichtnahme und Treuepflichten.
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42 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
duty to show consideration and loyalty


Explanation:
But even without a collective agreement, there are situations when an employer may direct employees to work from home in light of their duty to show consideration and loyalty.

--------------------------------------------------
Note added at 17 hrs (2020-03-07 12:12:22 GMT)
--------------------------------------------------

https://www.abacademies.org/articles/the-duty-of-loyalty-in-...

Michael Martin, MA
United States
Local time: 02:14
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 245
Notes to answerer
Asker: This is great; thank you.


Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: This is the literal meaning, but I think it needs paraphrasing. And isn't it both sides' duty to show consideration?
2 hrs
  -> That's not completely outlandish but, as author, I would have phrased the German differently to emphasize that the obligation extends to both sides.
agree  Daniel Arnold (X): agree, especially with loyalty for Treue
20 hrs
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20 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
due care and fiduciary commitments


Explanation:
..."duty of/to..." seems to be the awkward part to adequately formulate..
Hence the more compact and fluid rendering... to group both concepts under the 'commitments' umbrella, so to speak...

--------------------------------------------------
Note added at 2 days 12 hrs (2020-03-09 07:10:01 GMT)
--------------------------------------------------

Added via discussion:

due care and good faith obligations

Chris Pr
United Kingdom
Local time: 07:14
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12
Notes to answerer
Asker: I really appreciate your suggestion.


Peer comments on this answer (and responses from the answerer)
disagree  Daniel Arnold (X): fiduciary is a commercial term, if you google "Treuepflicht Arbeitgeber" you will see that this means solidarity & loyalty.
1 hr
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3 days 23 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
tacit respect and fidelity/loyalty agreement


Explanation:
Just thought I'd put in my two cents' worth. Interesting question.

--------------------------------------------------
Note added at 3 days 23 hrs (2020-03-10 18:20:53 GMT)
--------------------------------------------------

In individual cases, the employer may draw on the tacit respect and fidelity/loyalty agreement, requesting employees to work out of office/at home.

Ramey Rieger (X)
Germany
Local time: 08:14
Native speaker of: English
PRO pts in category: 74
Notes to answerer
Asker: Many thanks!

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