https://www.proz.com/kudoz/spanish-to-english/education-pedagogy/5114468-la-sustituci%C3%B3n-de-la-prestaci%C3%B3n-laboral-propia-de-puestos-de-trabajo.html
This question was closed without grading. Reason: No acceptable answer
Feb 22, 2013 16:58
11 yrs ago
3 viewers *
Spanish term

la sustitución de la prestación laboral propia de puestos de trabajo

Spanish to English Social Sciences Education / Pedagogy Internship Agreement
Hi again,

This is from one of the clauses of a collaboration agreement template for a Spanish university. The agreement will be used for external internships for the students of this university.

The way this sentence is written is really confusing me, and I’m not even sure I actually get it. Does it mean that the works carried out (by the student) during the internship cannot lead to a job position?

Suggestions more than welcome!

prácticas académicas externas = external internships

Context:

Tercera.- Relación entre la entidad colaboradora y el alumno o alumna
1.- Dado el carácter formativo de las prácticas académicas externas, de su realización no se derivarán, en ningún caso, obligaciones propias de una relación laboral, ni su contenido podrá dar lugar a la sustitución de la prestación laboral propia de puestos de trabajo.”


Going into UK English. Thanks in advance.

Discussion

Billh Feb 24, 2013:
James, prestacion, which is often 'performance' in other contexts, doesn't work here I think. I would simply leave the word out.
James A. Walsh (asker) Feb 24, 2013:
I ended up using: "replace the performance requirements of a job"

Thanks for your help.
James A. Walsh (asker) Feb 22, 2013:
Thanks for your thoughts, folks According to UK, Spanish and other rules for student internships, it’s not a case of pinching other people’s jobs, per se, but covering companies legally so they don’t have to pay the students (in Spain, anyway).

These internships range from a month to a year, and students will of course be “working”; but by doing things a certain way in Spain, it exempts companies from having to pay students.

This is not the case in the UK, where the minimum wage must be paid.

Anyway, based on all that, I’ve now arrived at this draft:

...ni su contenido podrá dar lugar a la sustitución de la prestación laboral propia de puestos de trabajo.

...and their content must not supplant the inherent requirements of a job.
(“their content” being the content of the internship programmes)

The Spanish expresses it in the plural, I know (puestos de trabajo), but I think it works better in the singular in English. Also, “inherent requirements of a job” Googles well in this context, though from mostly Oz and SA sites, bizarrely... (http://tinyurl.com/ap64kz8)

Anyway, I’ve had it with this damn translation for today – time for a glass of vino methinks :)

Cheers folks!
Christine Walsh Feb 22, 2013:
It's convoluted, but I think Bill's right.
Billh Feb 22, 2013:
I think it means that the 'internship' or whatever may not replace the work inherent in existing jobs. In other words they are saying you can't go pinching other people's proper jobs, mate. You could word it in a variety of ways.

Proposed translations

+1
12 hrs

practicum may not used as a substitute for the provision of a work position .....

I'd prefer something more direct: Internship/practicum may not replace a position normally performed by a paid staff (see ref. 2)
www.washk12.org › Policies › 1000ShareYou are here: Policies » 1000 » 1910 Student Internship/Practicum Policy ... the practicum must not replace or interfere with assigned position or work expectations. 3.1.5. .... A MAXIMUM of 50% of actual time worked may be in paid status, the ...

steinhardt.nyu.edu/mcc/internships/employersShareStudents may not work on commission, may not be asked to promote products on campus, and may not replace a position normally performed by a paid staff ...


--------------------------------------------------
Note added at 12 hrs (2013-02-23 05:15:58 GMT)
--------------------------------------------------

sorry, ... may not BE used.....
Peer comment(s):

agree neilmac : "may not replace a position normally held by a paid staff member" sounds good to me.
5 hrs
Better. Thanks
neutral Billh : Agree with Neil but it's not your answer.
12 hrs
Thank you for your valuable contribution. Best :)
Something went wrong...
17 hrs

substitution of work carried out corresponding to said relation

(Excuse my stab at legalese, but I'd probably churn out something along these lines:
"Given the formative nature of external academic practices (internships), in no case shall they derive in obligations corresponding to an employment relationship per se, nor may their content give rise to any substitution of work carried out corresponding to said relation."


--------------------------------------------------
Note added at 17 hrs (2013-02-23 10:37:56 GMT)
--------------------------------------------------

This kind of stuff usually needs a bit of tweaking. Maybe it should end up soemthing like "...carried out corresponding to such a relation/relations of this nature."

--------------------------------------------------
Note added at 17 hrs (2013-02-23 10:38:54 GMT)
--------------------------------------------------

"Trainees/Interns musn't end up doing workers' jobs."

--------------------------------------------------
Note added at 18 hrs (2013-02-23 11:45:24 GMT)
--------------------------------------------------

Been discussing this with a colleague, she pouints out my dodgy use of "derive", due to Spanish interference:
DERIVAR b (traer como consecuencia) derivar EN algo to result IN sth, lead TO sth;

--------------------------------------------------
Note added at 18 hrs (2013-02-23 11:46:57 GMT)
--------------------------------------------------

So, the first part of the phrase would read "...in no case shall they result in obligations ..."
Mea culpa :)
Note from asker:
Cheers Neil. This is how I've handled "derivar": "their execution shall in no case assume the obligations of an employment relationship"
Although I must add, I'm not particularly fond of "execution" here, but that's neither here nor there...
Something went wrong...