Ohne Vorliegen der gesetzlichen Voraussetzungen

English translation: Notwithstanding [Irrespective of] the statutory provisions

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Ohne Vorliegen der gesetzlichen Voraussetzungen
English translation:Notwithstanding [Irrespective of] the statutory provisions
Entered by: Iris Schlagheck-Weber

10:03 Oct 24, 2008
German to English translations [PRO]
Law/Patents - Law (general) / labour law
German term or phrase: Ohne Vorliegen der gesetzlichen Voraussetzungen
This term is stated in a contract of employment. I am aware that a translation of "bei Vorliegen der gesetzlichen Voraussetzungen" can be found in the glossary, but I am asking myself how to translate the above-mentioned half sentence accurately.

"Der Arbeitnehmer kann **ohne Vorliegen der gesetzlichen Voraussetzungen** fünf Tage des Jahresurlaubs in das folgende Kalenderjahr übertragen."

Would it be correct to write "Upon a non-fulfilment of all legal requirements...." or "Failing a fulfilment of all legal requirements,...."? I know that this is a standard sentence, but I haven't found any proper translation by now.

Thanks in advance for your help.
Iris Schlagheck-Weber
Local time: 20:49
Notwithstanding the statutory provisions
Explanation:
Notwithstanding [Irrespective of] the statutory provisions on annual leave, the employee may carry forward ...

My reason for offering this as an alternative is that to my ear a clause "without ...... being met/fulfilled" isn't the most natural in English legal drafting.



Selected response from:

Paul Skidmore
Germany
Local time: 20:49
Grading comment
I discussed this matter with a friend who works as a specialist in labour law and she confirmed your answer. Thanks a lot, Paul.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4without the legal prerequisites existing (or if the legal pre. do not exist)
Ellen Kraus
4even in the absence of legal(ly-regulated) entitlement
David Moore (X)
3Notwithstanding the statutory provisions
Paul Skidmore
1without being obliged to comply with existing legal requirements
andres-larsen


Discussion entries: 3





  

Answers


16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
without the legal prerequisites existing (or if the legal pre. do not exist)


Explanation:

wäre mein Lösungsvorschlag

Ellen Kraus
Austria
Local time: 20:49
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 308
Notes to answerer
Asker: Danke!


Peer comments on this answer (and responses from the answerer)
agree  David Williams: Ist es night vielmehr "being fulfilled" statt "existing"?
42 mins

agree  NatM: agree with d_williams: fulfilled / met
1 hr

agree  Inge Meinzer: with d_williams
2 hrs

neutral  Kim Metzger: Your proposal is awkward and unnatural.
6 hrs

agree  enya
1 day 16 hrs
  -> thank you !
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2 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Notwithstanding the statutory provisions


Explanation:
Notwithstanding [Irrespective of] the statutory provisions on annual leave, the employee may carry forward ...

My reason for offering this as an alternative is that to my ear a clause "without ...... being met/fulfilled" isn't the most natural in English legal drafting.





Paul Skidmore
Germany
Local time: 20:49
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 200
Grading comment
I discussed this matter with a friend who works as a specialist in labour law and she confirmed your answer. Thanks a lot, Paul.
Notes to answerer
Asker: Thank you, Paul.

Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
even in the absence of legal(ly-regulated) entitlement


Explanation:
...may carry over five days of....
I think that's pretty succinct and reasonably legal...

David Moore (X)
Local time: 20:49
Native speaker of: English
PRO pts in category: 328
Notes to answerer
Asker: Thank you, David.

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6 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5
without being obliged to comply with existing legal requirements


Explanation:
"The employee may, **without being obliged to comply with existing legal requirements**, (cumulatively) transfer five days of the corresponding annual vacation period to the following calendar year."


andres-larsen
Venezuela
Local time: 15:49
Native speaker of: Native in EnglishEnglish
PRO pts in category: 123
Notes to answerer
Asker: Thank you!

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