paid leave for each completed year of service or pro rata for part thereof

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isabel...

Senior Member
Spanish
Hi, I'm translating an employment agreement and I need your help to understand this part in bold. Thanks in advance for any help!!!

The Employee is entitled to [insert number of days]days’ annual paid leave for each completed year of service or pro rata for part thereof.

The employee will be granted paid annual leave (according to grade) for each calendar year (or pro-rata for part thereof).
 
  • Barque

    Banned
    Tamil
    Pro-rata = in proportion to
    for a year or pro-rata for part thereof = for a year or in proportion to a part of a year

    Let's say the employee is entitled to twenty days' leave a year. At the end of one and a half years, he'd have completed one year in full and six months which is part of the next year.

    He'll therefore be entitled to twenty days (for the completed year) plus ten days (his leave in proportion to the six months in the partially completed year), making thirty days in all.
     
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    isabel...

    Senior Member
    Spanish
    So, here "The Employee is entitled to [insert number of days]days’ annual paid leave for each completed year of service or pro rata for part thereof.", pro rata for part thereof may mean, in general, proportional time as part of the completed year of service?
     

    Barque

    Banned
    Tamil
    for each completed year of service or pro rata for part thereof may mean, in general, proportional time as part of the completed year of service?
    Not "in general". It specifically means that if only part of a year has been completed, the leave he is entitled to (for that year) will be in proportion to the completed part.
     

    Andygc

    Senior Member
    British English
    The Employee is entitled to [insert number of days]days’ annual paid leave for each completed year of service or pro rata for part thereof.
    That means that if he is entitled to 4 days of leave for each completed year of service and he has 10 years and 6 months (= 0.5 years) of service, he will be entitled to 10 x 4 plus 0.5 x 4 days of leave in the current year.

    This bit makes no sense:
    The employee will be granted paid annual leave (according to grade) for each calendar year (or pro-rata for part thereof).
    There is no numerical statement in the sentence, so there is nothing to which the term "pro-rata" can apply.
     

    isabel...

    Senior Member
    Spanish
    That means that if he is entitled to 4 days of leave for each completed year of service and he has 10 years and 6 months (= 0.5 years) of service, he will be entitled to 10 x 4 plus 0.5 x 4 days of leave in the current year.

    This bit makes no sense:
    There is no numerical statement in the sentence, so there is nothing to which the term "pro-rata" can apply.
    Could it be: "... entitled to [insert number of days] days’ annual paid leave for each completed year of service or a leave proportional to the completed part of that year of service?
     

    Andygc

    Senior Member
    British English
    I've realised since I wrote my post that the first sentence is more badly written than I first thought, because of the use of "or". This sentence might provide an employment lawyer with hours of entertainment.

    As it stands it says the employee is entitled to
    x days' leave for each year of service
    or
    a proportion of leave for part of his service. :confused:

    Let's start again with a sentence that doesn't include optional text and has "and" not "or":

    The Employee is entitled to 4 days’ annual paid leave for each completed year of service and pro rata for part thereof.

    Then "and pro rata for part thereof" will give an additional entitlement of days of annual paid leave in proportion to the part year of service completed.

    Even then it is badly written - goodness knows why anybody wants to stick a bit of Latin in a sentence and then add a "thereof" at the end. It would be perfectly reasonable to interpret "part thereof" as meaning "part of each completed year of service", rather than referring to "a completed part year of service".

    The intention of the end of the sentence does appear to be to add a further leave entitlement for a part year of service, in proportion to the completed part of that year.
     

    Barque

    Banned
    Tamil
    There is no numerical statement in the sentence, so there is nothing to which the term "pro-rata" can apply.
    There's a reference in that sentence to the employee's grade, which probably has a certain annual leave entitlement linked to it.

    As it stands it says the employee is entitled to
    x days' leave for each year of service
    or
    a proportion of leave for part of his service. :confused:
    The way it is meant to be interpreted, in my opinion, is that the leave entitlement for each year of service will be calculated either on the basis of the full annual entitlement (in respect of fully completed years) or pro-rata entitlement (if the year has only been partly completed - which would be the then current year of service).
     
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    Andygc

    Senior Member
    British English
    Barque, the nonsensical sentence is the second one which says: "The employee will be granted paid annual leave (according to grade) for each calendar year (or pro-rata for part thereof)." There's no place to insert a figure.

    Only the first sentence has a place for a figure: The Employee is entitled to [insert number of days] days’ annual paid leave for each completed year of service or pro rata for part thereof. They are two separate sentences and there is no apparent connection between them.

    I see that you think that the "or" in this sentence is intended to apply to new employees who have less than a year's service. There's a very good chance that that might be the intention, but the sentence doesn't say that. If it was to mean that it would need to say "or, if the Employee has less than one year's completed service, an entitlement in proportion to their length of service."

    As written, the sentence says what I suggested:
    The employee is entitled to
    x days' leave for each year of service
    or
    a proportion of leave for part of his service.

    It is an example of extremely shoddy writing.
     

    Barque

    Banned
    Tamil
    Barque, the nonsensical sentence is the second one which says: "The employee will be granted paid annual leave (according to grade) for each calendar year (or pro-rata for part thereof)." There's no place to insert a figure.
    Yes, sorry, I realised later that you were referring to the second sentence and edited my last post. Please take a look.

    I see that you think that the "or" in this sentence is intended to apply to new employees who have less than a year's service.
    No, I didn't mean that. I meant that most leave applicants would have a partially completed year of service to be taken into account (the then current year), because the chances of an employee applying for leave on an anniversary of his joining date (when the number of years of service would be a whole number) are low. The employer would in most cases of leave applications, have to make a pro-rata calculation for the year then in progress.
     

    isabel...

    Senior Member
    Spanish
    There's a reference in that sentence to the employee's grade, which probably has a certain annual leave entitlement linked to it.

    The way it is meant to be interpreted, in my opinion, is that the leave entitlement for each year of service will be calculated either on the basis of the full annual entitlement (in respect of fully completed years) or pro-rata entitlement (if the year has only been partly completed - which would be the then current year of service).
    Thanks all of you for your time and explanations. As it is an Agreement, I am not sure if I can translate this sentence explaining it as you do. So, could you confirm my version please?

    The Employee is entitled to [insert number of days]days’ annual paid leave for each completed year of service or pro rata for part thereof.

    Could it be: "... entitled to [insert number of days] days’ annual paid leave for each completed year of service or to a leave proportional to the completed part of that year of service?
     

    Barque

    Banned
    Tamil
    Could it be: "... entitled to [insert number of days] days’ annual paid leave for each completed year of service andor, in case of a partially completed year, to a leave proportional to the completed part of that year of service?
    I suggest the above changes.
     

    incaprincess

    Senior Member
    Spanish
    Isabel, honestly, the English version that you mentioned above (with the word pro-rata) is not well written. That's why it's been difficult to answer your question about how to translate it into Spanish in your other post.

    You mentioned this suggestion above: "...entitled to [insert number of days] days’ annual paid leave for each completed year of service and in case of a partially completed year, to a leave proportional to the completed part of that year of service?"

    In my opinion, this the whole sentence is very wordy <-----Spanish phrase removed by moderator (Florentia52)-----> and could be re-written more concisely. I found a good example of a more simple way here in this link. If you scroll down to Denmark, you will see the following sentence: Employees are entitled to 25 days of annual leave per year worked, prorated at 2.08 days per month. In your original document, does it specify how many days of annual pay the employee is entitled to?

    If not, then I propose this option: "...entitled to ---- days’ annual paid leave for each completed year of service or pro-rated based on the number of full months worked.

    If we can agree on that, then it may not be so difficult to translate it into Spanish (which, of course, can be discussed in that particular thread.)

    Hope this helps!!!!
     
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