May 18, 2009 15:13
15 yrs ago
French term

désintérêt

French to English Bus/Financial Law: Contract(s) employment contract
This is in a letter describing the conditions under which a company would have to pay compensation if they were to remove an employee from his position.
I'm struggling to find the right term.

"Suite à notre dernière conversation, il a été convenu d'un commun accord que si la société XX ne souhaitait plus continuer son évolution avec l'aide de votre collaboration et sans motifs autres que faute grave ou désintérêt total de votre activité, la société XX se verrait contrainte de vous verser en guise de dédommagement..............."

Discussion

MatthewLaSon May 24, 2009:
faute grave is most likely "wrongful termination"<br><br>Compensation will ensue if the employee's position is terminated simply on grounds of wrongful termination or that the position is deemed (completely) unnecessary to the employer.
MatthewLaSon May 21, 2009:
se verrait contrainte means that the the company will deem it necessary to pay compensation if they find your job to be no longer necessary to the company, or if the company made a major mistake with regard to your termination (whatever that is supposed to mean). I had it right the second time around (hid that answer and reposted it).
YorickJenkins May 19, 2009:
Negative attitude or non-profitability The points are valid about the strange use of French here but you may have too high an expectation of the standard of French of the person who composed this! This sense of the text here points strongly in the direction of désintérêt total de votre activité meaning a negative attitude rather than indicating that the person has failed to make a profit for the company. The punishment of withholding a normal compensation makes much more sense in the context of lack of active involvement in the work than an issue of profitability.
MatthewLaSon May 19, 2009:
Response (modification) This has to be about an employee being bought out. See new answer. Disregard what was said below the other night.<br>

It does seem like they're talking about "un total désintérêt financier pour la Société de votre activité."<br><br>Wouldn't "désintérêt" (working carelessly) be under "faute grave"?

I hid my last answer because I was reading as in what conditions they will compensate, even though I was on to this idea (so easy to misread something, which really throws you off)<br><br>Yes, the grammar is weird, and that makes me very suspicious. Natural French doesn't read like that, imho. You can "se desintéresser de quelque chose", but not "avoir du désintérêt de quelque chose"? Yes, I've seen "désintérêt de quelqu'un pour quelque chose" but the "de votre activité" can't "disinterested", no (subject here) <br><br>Yes, but the employee may receive compensation for partial unprofitability, however that would be determined or proven. Besides, wouldn't the employer know what constituted "complete unprofitability" in one's contract (supposed to know lol)? Maybe not, but... We would need more context, but at least we are thinking.<br><br>
I a
Tony M May 19, 2009:
I asked myself the same question Yes, Matthew, the same thought had originally crossed my mind — that wording with 'de' certainly struck me as odd too. But just following the logic of the situation, the employer could hardly justify not paying the employee compensation just because the job they were doing was 'no longer of any importance' to the company, now could they? These two items are being cited as reasons why they should not pay compensation, which rather suggests they must be implying some shortcoming on the part of the employee, doesn't it?

Mind you, thinking about it, we do say « s'intéresser de quelque chose », don't we? So I suppose the use of 'de' with 'désintérêt' perhaps isn't as odd as we might at first have thought — I guess it's just the way it sounds to my non-native ears!
MatthewLaSon May 18, 2009:
Could "désintérêt total" be about someone's position being totally unprofitable to the company, rather than it being about his or her careless attitude? That would make a bit more sense here (I believe I've seen it used that way in financial contexts before).

Do also consider the grammar of "désintérêt de votre activité." When it's about one's attitude towards something, it would read "désintérêt pour votre activité", not "de votre activité"(on a du désintérêt pour quelque chose).

Proposed translations

+2
41 mins
Selected

disinterest

...total disinterest...
the word does exist in English, if you want to be faithful to the original,
Peer comment(s):

neutral Tony M : Yes, it does exist... but it can be something of a faux ami, since there are lots of situations where the meaning is not quite the same. / I still have some reservations...
14 mins
Yes, but in this case it's right on: "...your total disinterest in your activities..." - perfectly clear to me - can't see any "faux ami" there. The guy was just not interested in his work, that's all.//Fine, you're entitled to your opinion!:)
agree elisabeth tiffany (X)
1 hr
Thank you elisabeth!
neutral MatthewLaSon : Hi Katarina! In response to your comment to Tony: It's the employer who finds the employee's position unnecessary (désintérêt). These are the conditions in which the employer would provide compensation, not the other way round. Lots of confusion on
6 days
Thank you for clarifying, Matthew. In this case, my answer still stands, it would then be "our total disinterest in your activities".
agree Suzanne Deliscar
40 days
Thank you Suzanne!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
2 mins

decrese of interest

or lack of interest
Peer comment(s):

neutral Tony M : 'decrease' would imply some change, which is not specifically implied in the original.
15 mins
Something went wrong...
+1
31 mins

total lack of interest

.
Peer comment(s):

agree Nikki Scott-Despaigne : Stays nice and neutral, non-commital and faithful to the original.
1 hr
thanks
neutral Tony M : The only problem is, it doesn't say on the part of whom, which I think is implied in the FR, but not quite so implicit in the EN...?
5 hrs
neutral MatthewLaSon : It's the employer who no longer has interest in your position, not that the employer is being careless in his job (se verrait contrainte = would deem it necessary to). I guess you could get away with your translation, too.
3 days 6 hrs
Something went wrong...
2 hrs

carelessness of your activity/work

...
Something went wrong...
+1
21 mins
French term (edited): désintérêt total

total lack of commitment

I think it's important to consider the term as a whole.

Usually, I'd have said 'detachment', but I don't think that would really work here; I know that 'commitment' would more usually translate 'engagement', but I think in this case, where it is being used in a negative sense, it is justifiable for 'désintérêt' as well.


--------------------------------------------------
Note added at 11 heures (2009-05-19 02:24:17 GMT)
--------------------------------------------------

Maybe it would be easier if the sentence were turned round to something like 'failure to show any interest in your work' — though again, that hardly addresses the objectivity issue that Nikki has raised...
Peer comment(s):

neutral Nikki Scott-Despaigne : The way I read this, "commitment" is subjective and thus strays from the original with its "désintérêt" which is much more of an objective thingymajig.
1 hr
Yes, good point, Nikki!
neutral bowse123 (X) : same problem: it doesn't say on the part of whom......
10 hrs
Thanks! My own feeling is that 'commitment' is clear-cut in that respect; one expects commitment from an employEE in a rather different way than one might expect it from an employER; not quite the same as 'disinterest', if you get my drift...?
agree Sandra & Kenneth Grossman
12 hrs
Thanks, Sangro!
disagree MatthewLaSon : I was right with the first answer you disagreed with. "Se verrait contrainte" is referring to the conditions in which the employer would find it necessary to provide compensation, not the other way round. I was right all along, and should not have hid
2 days 13 mins
I feel sure the idea is correct, even if the way of expressing it could certainly be improved upon.
agree JWood&Co (X) : you might be right - I think what they're saying is something like: if we no longer require your collaboration for reasons other than serious (grave) misconduct or a complete lack of dedication your behalf...
6 days
Thanks, Nils! that's certainly the general tenor of how I read it....
Something went wrong...
+1
23 hrs

total lack of active involvement

Either this or Tony's M's "lack of commitment" unless we are all wrong and the meaning has to do with profitability (see discussion). I disagree with suggestions that include the English word "interest". Not being interested in French is usually rendered by "manque d'intérêt" not "désintérêt". For me, "désintérêt" is not a passive lack of interest as it is in English, but about a lack of involvement or commitment.
Peer comment(s):

agree Tony M : I totally agree with your comment about the use of the word 'interest' in EN
20 hrs
disagree MatthewLaSon : These are conditions in which the employer would deem it necessary to provide compensation: unnecessary nature of your position (désintérêt total) or major mistake made in terminating the employer (se verrait contrainte = would deem it necessary).
2 days 7 hrs
agree JWood&Co (X) : you might be right - I think what they're saying is something like: if we no longer require your collaboration for reasons other than serious (grave) misconduct or a complete lack of dedication your behalf...
5 days
Something went wrong...
3 days 6 hrs

unnecessary nature of your position/job

Hello,

Posting this a second time as I allowed a "disagree" to throw me off big-time. LOL. My own fault!!! This has happened to a few times on here.

First of all, all the confusion came about because of the phrase "se verrait contrainte", which means "will (would) deem necessary to provide compensation."

My second guess was right.

The employer will financially compensate you should they terminate you on grounds that your position is unnecessary (désintérêt total), or that there was a serious mistake made with regards to your termination (should not have been the case that your position was terminated, but it turned out to be the case).

I hope this helps.

--------------------------------------------------
Note added at 6 days (2009-05-24 16:52:00 GMT)
--------------------------------------------------

Phrasing is not exact but very close:

"We disagree with the Appeals Court's conclusion that "the record discloses several possible bases for the board's decision." McDonough v. Plymouth County Personnel Bd., supra at 790. There was no basis to suppose, as the Appeals Court suggests, that the board might have concluded that "the reorganization was neither carefully considered nor consistent with sound penology," or that "the sheriff had used a genuine reorganization as a pretext for discharging Novero." Id. at 790- 791. The case was tried on the theory that there was no "genuine reorganization," not that the reorganization was ill conceived or used as a pretext. The simple focus of Novero's case was that there can be no valid job reorganization where one job is replaced by its functional equivalent in a single new position, and such a "reorganization" may not provide "just cause" for discharge. See Cambridge Hous. Auth. v. Civil Serv. Comm'n, 7 Mass. App. Ct. 586, 590 (1979). Cf. McNeil v. Mayor & City Council of Peabody, supra. Contrary to the Appeals Court's observation about the board member who quoted from Cambridge Hous. Auth. v. Civil Serv. Comm'n, supra at 589, the board member was not commenting on the wisdom of the reorganization or the use of a genuine reorganization as a pretext for adverse action, but on the genuineness of the reorganization itself. He was questioning whether a job properly could be considered abolished as "unnecessary" or "no longer necessary" where it has been replaced by a new position that was its functional equivalent. See McDonough v. Plymouth County Personnel Bd., supra at 791, nn.6 & 7. The only reasonable conclusion to draw from the board's decision is that two board members determined that the sheriff failed to show that Novero had been discharged for just cause based on a genuine reorganization"

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ma&vo...
Peer comment(s):

neutral YorickJenkins : You might be right but can you give examples of it used like this?
2 days 16 hrs
Sorry, I misread your comment. No, I don't have any examples in French, but I'm almost sure this it the meaning. It makes perfect sense to me. Have a nice day!
Something went wrong...
-1
10 mins

loss of interest

(for your services)

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Note added at 6 days (2009-05-24 17:42:02 GMT)
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I think Tony's right actually - what they're saying is something like: if we no longer require your collaboration for reasons other than serious (grave) misconduct or a complete lack of commitment on your behalf..

--------------------------------------------------
Note added at 6 days (2009-05-24 17:54:00 GMT)
--------------------------------------------------

I like YJenkins' total lack of active involvement which might also be rendered as 'complete lack of dedication' - though I think total lack of active involvement sounds more like professional legalese - past this point I have nothing further to add -
Peer comment(s):

neutral Tony M : 'loss of' would imply some change, which is not specifically implied in the original. Not quite sure where the 'for' comes from...?
8 mins
you might be right - I think what they're saying is something like: if we no longer require your collaboration for reasons other than serious (grave) misconduct or a complete lack of dedication your behalf...
disagree MatthewLaSon : Hi again. These are conditions in which the employer would deem it necessary to provide compensation: unnecessary nature of your position (désintérêt total) or wrongful termination. It's "se verrait contrainte, which is "would deem it necessary"
6 days
Hmm. the way I'm getting it is yeah they are talking about compensation - but also the two exceptions where compensation would not be necessary - 1 - if you screw up 2- if you do nothing at all
Something went wrong...
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