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blindaje por resolucion anticipada

Discussion in 'Legal Terminology' started by yodelling, Jun 21, 2009.

  1. yodelling Senior Member

    English,NZ(US & UK influence)
    Hi,
    the context is the one of the tasks of an Appointments and Compensation Committee

    My guess is that it's a redundancy payout (money for the worker if the company terminates their contract before its finished)

    but I'm not really sure of the meaning of any of these 3 words in this sentence so I could be way off.

    The original sentence is:
    Informar al Consejo sobre las condiciones que deberán respetar los
    contratos de quienes ejerzan funciones de alta dirección como consejeros
    ejecutivos, entre las que se incluirán la duración del contrato, plazos de
    preaviso y cualesquiera cláusulas relativas primas de contratación y a
    blindajes por resolución anticipada.

    inform the Board regarding the conditions that must be observed in the contracts of those occupying positions in the upper management such as executive directors, among which include the duration of the contract, timeframe of notice and any other clauses relative to contract bonuses and redundancy payments.

    I'm not even sure if it's the job of a company to decide redundancy packages or if its a governmentally set thing.

    Thanks for any input!
     
  2. David Senior Member

  3. yodelling Senior Member

    English,NZ(US & UK influence)
    Hi David

    Thanks for your help, I see what you mean. I had had a look at the definition of CEM (of which voting cap is a type) but I couldn't see how it relates to the rest of the sentence, given that the rest seems more about working terms.
    I can't seem to find if either of these are the role of this committee (setting voting caps or redundancy packages.)

    Do you know?
     
  4. piraña utria

    piraña utria Senior Member

    Cartagena de Indias.
    Spanish - Colombian with Caribbean nuanc
    Hi, Yodelling.

    I thing you're right.

    I've just read similar documents via Internet and it seems to be precisely the opposite of redundancy payment: "blindaje por terminación anticipada" would be sort of clause which sets forth that an employer shouldn't pay compensation of damages in case of an anticipated termination of labor contract.

    I don't know an English expression to name it .
     
    Last edited: Jun 21, 2009
  5. David Senior Member

    It's not about setting voting caps. It-s about restrictions applying to persons serving in executive positions. Read the preceding paragraph. Whose responsiblity is it to "informar"... that should clarify.
     
  6. yodelling Senior Member

    English,NZ(US & UK influence)
    Ok, thanks both of you.
    I thought that a redundancy pay out was a right, and that therefore no company contract could revoke it?
    This not being the case, would you put something like "...and redundancy payments or lack thereof"
    But if it is the case, then maybe 'blindaje' is referring to a kind of protection for the employee, not the company, so the redundancy deal could be correct.

    If I don't find out otherwise I think I'll go with just 'redundancy pay', the context doesn't specify what information the group will provide on that topic, so it can ambiguously be left open I guess.
     
  7. David Senior Member

    "If I don't find out otherwise I think I'll go with just 'redundancy pay', ..."

    This does not appear correct to me, and I am not sure why you are concerned about the question of whether company's may set redundancy pay policies in a particular jurisdiction, which would vary from place to place and is irrelevant for purposes of translation. Moreover, the phrase you quote is an incomplete sentence, obviously part of a "bulleted" or numbered list of responsibilities applying to some official or group, and I believe the text preceding the list would help clarify. However, returning to your original quote:

    I refer you to the following article from a major newswire service in Mexico:
    Discutirá el IFE proyecto de ‘blindaje’ para comicios
    Por: Notimex/ México, DF.​
    ....el Consejo General del I[nstituto] F[ederal de] E[leccones] discut[e] el proyecto de “blindaje” 2009, lo que constituye una demanda de los partidos políticos ante el inicio de sus precampañas. ... el Consejo General del IFE discutirá hoy el tema del “blindaje” de las campañas electorales de 2009 contra la infiltración de dinero del crimen organizado. ...[E]l consejero presidente ... informó que el organismo tenía listo el “blindaje” electoral para evitar que dinero del narcotráfico “empañe” el proceso federal entrante...el instituto modificaría sus reglamentos de fiscalización y firmaría convenios con el Gobierno Federal para proteger las campañas de la penetración de recursos ilegales.​

    It appears to me obvious that blindaje, which literally means "armament" or "protection" or "insulation"--as in a bullet-proof car, carro blindado, or "smoked" windows: ventantas blindadas--is being used figuratively here to mean "insulation" to keep drug money from affecting electoral campaigns.

    Applying this figurative meaning to your quote, I find it hard to see any link to "redundancy pay". I suspect that the sentence should be translated:

    Informar al Consejo sobre las condiciones que deberán respetar los contratos de quienes ejerzan funciones de alta dirección como consejeros ejecutivos, entre las que se incluirán la duración del contrato, plazos de preaviso y cualesquiera cláusulas relativas primas de contratación y a blindajes por resolución anticipada.

    ·Inform the Council of the requirements to be met in the drawing of contracts with those who exercise senior management functions as executive officers, among which shall be included the duration of the contract, the time required for notices to be given in advance, and any clauses respecting hiring bonuses and immunities conferred by advance rulings.

    The meaning of "consejeros ejecutivos" would be clear from the rest of the document; every corporate body, governmental or private, has its own structure and customs vary from country to country. I see nothing whatever about redundancy pay, and absent some information to the contrary, I would advise against that translation. If this were my project, I would simply ask the client to explain what is likely to be meant by "blindajes" and who "consejeros executivos" are or what they do.
     
    Last edited: Jun 22, 2009
  8. yodelling Senior Member

    English,NZ(US & UK influence)
    Hi David,
    wow, what a great explanation. Your translation was better than mine in every way.

    The reason I was focused on redundancy pay is because, as you said, blindaje is related to protection/cushioning/insulation and I thought that this committee may be required to inform the board regarding the 'protection' for employees that needs to be put in the contract.
    I will, in the next 10 days, be able to find out who wrote the document and ask what they mean by it exactly. Until then I'll go with your 'immunities conferred by advance rulings', it seems to cover all the bases.

    In this example, 'consejero ejecutivo' refers to the kind of Board director who works for the company eg a COO who's also on the Board. the 'Director' part in this case I guess is correct (they're a Board of Directors) but I've seen different companies use different terms to distinguish Board members who work for the company and those who don't (I've been using executive and non-executive)
    I put 'such as' in that sentence, but of course you're right, it should read 'as'.

    Huge thanks for all the thought and time you put into that answer.
    I'll post when I find out the intended meaning.
     
  9. máxima_estrella

    máxima_estrella Senior Member

    Spain
    US English
    Just one suggestion: I think "resolución anticipada" here refers to the early termination of an employment relationship. Otherwise, I've included a couple of little stylistic changes in my re-working:

    Inform the Board of Directors of the requirements to be met in contracts with those who exercise senior management functions as executive officers, which shall include, inter alia, the duration of the contract, the advance notice required for communications, and any clauses relative to hiring bonuses and immunities in cases of early termination.
     
    Last edited: Jun 25, 2009
  10. David Senior Member

    among which is included because of the rule inclurio unius exclurio alterius est.
     
  11. yodelling Senior Member

    English,NZ(US & UK influence)
    I finally found out what 'blindaje por resolucion anticipada' means. It's like redundancy/severance pay, but because that pay depends on the time you've been with the company they offer an initial large sum which decreases as your time with the company (and thus your redundancy pay) increases. My source told me it's called parachute in English. Here's a source to back it up http://www.thestar.com/Business/article/168599

    I also thought maybe severance included this and since severance is decided by the company I think it could be. Thefreedictionary's definition:
    Severance Pay
    A portion of an employee's salary paid upon the employee’s departure from the company. This may occur if the employee quits, is laid off, or, in some circumstances, is terminated. Generally speaking, severance pay is between two weeks' and a month's worth of salary for each year the employee worked at the company. In addition, severance pay often includes extended coverage for health insurance, vacation pay, and/or other employee benefits. In the United States, no law requires severance to be paid, but many employers offer it as a perk. In order to qualify as severance, the payment must explicitly be offered to supplement unemployment insurance. See also: Golden handshake, Voluntary redundancy.

    I don't think redundancy (seemingly a British term) could be the same. In redundancy according to Wikipedia:
    The law requires the employer to make a statutory redundancy payment, which is tax-free and is based on the employee's length of service, as long as the employee has served a minimum of two years. The employee isn't allowed to claim redundancy if he or she was offered an alternative position with similar salary, status and responsibilities.

    Thus we see the need of a parachute, although it sounds as if they're reserved for directors to attract them to leave one board for another but ensures them a minimum payment (not small!)
     
  12. yodelling Senior Member

    English,NZ(US & UK influence)
    I've researched more and am calling it a golden parachute
     
  13. Lamemoor Senior Member

    Perú
    Peru - Spanish
    Yes, I agree with Maxima_estrella the correct translation is resolución anticipada NOT advanced rulings, in case of further consultations.

    L.
     

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