German term
United Kingdom
Proofreading by language graduate
Native in: English 
Works in: German to English, Norwegian (Bokmal) to English
das Gebot der Rücksichtnahme und Treuepflichten
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.
Mar 7, 2020 02:33: philgoddard changed "Level" from "Non-PRO" to "PRO"
PRO (3): Cilian O'Tuama, Steffen Walter, philgoddard
When entering new questions, KudoZ askers are given an opportunity* to classify the difficulty of their questions as 'easy' or 'pro'. If you feel a question marked 'easy' should actually be marked 'pro', and if you have earned more than 20 KudoZ points, you can click the "Vote PRO" button to recommend that change.
How to tell the difference between "easy" and "pro" questions:
An easy question is one that any bilingual person would be able to answer correctly. (Or in the case of monolingual questions, an easy question is one that any native speaker of the language would be able to answer correctly.)
A pro question is anything else... in other words, any question that requires knowledge or skills that are specialized (even slightly).
Another way to think of the difficulty levels is this: an easy question is one that deals with everyday conversation. A pro question is anything else.
When deciding between easy and pro, err on the side of pro. Most questions will be pro.
* Note: non-member askers are not given the option of entering 'pro' questions; the only way for their questions to be classified as 'pro' is for a ProZ.com member or members to re-classify it.
Proposed translations
United States
Six languages into flawless English
Native in: English
Works in: German to English, French to English, Spanish to English, and 4 more.
where reasonable/within reason
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."
| Very helpful; thank you. |
| 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.
|
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish)
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
the duty of care and fiduciary obligations
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.
| I was wondering about the 'fiduciary duties'; this is helpful; thank you! |
| 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.
|
United States
Creativity wins in the long run
Native in: German (Variant: Germany) , English (Variant: US)
Works in: German to English
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-...
| This is great; thank you. |
| 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
|
due care and fiduciary commitments
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
| I really appreciate your suggestion. |
| disagree |
Daniel Arnold (X)
: fiduciary is a commercial term, if you google "Treuepflicht Arbeitgeber" you will see that this means solidarity & loyalty.
1 hr
|
tacit respect and fidelity/loyalty agreement
--------------------------------------------------
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.
| Many thanks! |
Discussion
In individual cases, the employer may draw on the tacit respect and fidelity/loyalty agreement, requesting employees to work out of office/at home.
https://de.wikipedia.org/wiki/Verpflichtetsein
(Schutzpflichten)
And just for the meantime:
"What Is a Fiduciary Duty of Loyalty?"
https://www.legalmatch.com/law-library/article/fiduciary-dut...
http://arbeitsrecht123.de/Rechtsanwalt-Falkensee-Potsdam-Tel...
This seems to be about the duty of fidelity and fiduciary duties:
https://www.twmsolicitors.com/news-and-blogs/contracts-of-em...
https://www.lexology.com/library/detail.aspx?g=8e6a3aa1-0821...
Not saying that this is what you should put in your sentence, but maybe it helps to clarify things.
Best wishes
PS
Although, for some reason, "duty of care" was the first thing I was thinking about, probably because of the reference to Covid-19, e.g.: "Under this general duty of care, employers must ensure that workplace conditions meet or exceed the applicable safety and health regulations in the state where they are located."
https://www.littler.com/publication-press/publication/corona...