A 6

Transfer of meaning specific to Employment Contracts in
legal translation between two different legal systems.

Joanna J. Rek - Harrop, MA University of Birmingham (UK), DPSI (Law)
Chartered Institute of Linguists (UK)
Contact: www.harroptranslations.com
ABSTRACT:
There are no two identical legal cultures that would have
the same values, history, systems, social norms and
terminology and therefore it might
prove difficult for the meaning of the translated Employment
Contract
originating from the Common Law tradition and the target text
immersed
in the Civil Law culture to be the same. The paper is a practical
case study
and consists of two main elements. The first element is a
Polish
translation of an English Employment Contract. The second
element is
a critical analysis of the aforementioned translation that
discusses the
translating process highlighting main problem areas, presents
relevant
linguistic theory and trends of thought within Translation
Studies and their
relevance to the legal translation practice.
The case study is of particular relevance now, since socioeconomical
reasons force thousands of Poles to emigrate in search of
employment to
Anglo lingual countries.
KEY WORDS: jurilinguistics, legal translation, meaning, terminology,
legal conventionalities,
cultural implications, lexis, syntax, context.
1. INTRODUCTION
The paper approaches legal translation and consists of two main elements.
The first element is my annoted translation into Polish language of an
English Employment Contract. The second element is my critical
commentary of the aforementioned translation that aims at introducing
the ST and my own agenda as a translator, discusses and explains the
translating process highlighting main problem areas, presents relevant
linguistic theory and trends of thought within Translation Studies and their
Joanna J. Rek Harrop

www.harroptranslations.com
relevance to my translation practice. These points are presented in

sections two, three, four, five and six underneath. Section 7 provides
conclusions.
Appendices 1 to 4 present: the Employment Contract and its annoted
translation and legal terminology of the contract. The referencing used
throughout my paper is as follows: ST - the Employment Contract, 1:
paragraph one, 2: paragraph two etc., TT target text, TL target
language and BT back translation. My personal comments next to
citations are added in brackets ([]) and in italics.
2. SOURCE TEXT and TRANSLATORS AGENDA

The Employment Contract (EC) macrostructure is just one of many formats
available in the United Kingdom. The document uses complex but specific
for the type English legal terminology and is governed by the laws of
England and Wales. The document is authoritative in its nature since it
had been authenticated by the act of signature. As Treitel believes A
contract may be defined as an agreement which is either enforced by law
or recognised by law as affecting the legal rights or duties of the parties
(2004: 1).
2.1. The Translator
The translators agenda is to be most of all a professional and thus
personally detached from the translated text.
...the translator or interpreter, when he or she is translating and interpreting, is in
the same position as an advocate. An advocate, during the course of his career,
may occasionally appear on behalf of an unfortunate victim, but it is more than
likely that his client will be a double-dyed villain who would make him shudder
with disgust if he had not learnt to take an attitude of professional detachment
(Kingscott, 1990: 48).
There are laws and codes of ethics written for the control of translation as
a profession, regulating the translator's relations with other translators and
with clients that are imposed by government (Poland) or by professional
translating associations (Poland and England).
There is also a debate on whether a legal translator should be required to
have a legal training since in order to produce a legal translation of the
same legal effect as the ST, the translator must be able to understand
what legal effect the text is supposed to have and how to duplicate the
effect in the target language. Since legal translation is a specialised type
of translation, in this paper it is understood that the translator has a legal
understanding in both Polish and English legal nomenclature.
3. LINGUISTIC THEORY

Different languages divide semantic space into different ways that

theoretically denies the possibility of finding equivalence between many
elements of dissimilar tongues. Additionally, the analysed here legal
translation cannot be performed in isolation from the legal cultural
concepts and differences in legal systems. Therefore, the theory helps to
open up a series of possibilities and alternatives to make legal translation
practically possible.
The proposed translation has been produced in the spirit of the TL. The TT
having the same effect as the original in legal practice rather than
reproducing the ST word for word produces fidelity to the ST: legal
translators should strive to produce a text that respects the genius of the
target language (Herbots in arevi, 2000: 50). Nonetheless, in the
translating process, I found the following linguistic theories very useful.
Vermeer proposes that translation is a form of action. He understands
transcoding as way of translating that is retrospectively orientated towards
the ST and not prospectively towards the TT:
Translation is not the transcoding of words or sentences from one language to
another, but a complex form of action, whereby someone provides information on
a text (source language material) in a new situation and under changed functional,
cultural and linguistic conditions, preserving formal aspects as closely as possible
(Vermeer, 1989: 221).
The Schleiermachers view of translating the ST meaning refers to

foreignisation and domestication of the TT:
The translator can either leave the writer in peace as much as possible and bring
the reader to him, or he can leave the reader in peace as much as possible and
bring the writer to him (Friedrich von Schleiermacher, 1838: 47, as translated in
Wilss, 1982: 33).
Bringing the reader to the ST would require the TT reader to process the
translation in its original foreign context, which might serve to promote the
ST culture: contracting out certificate (ST, 14) zawiadczenie o
odczeniu si drog umowy (TT, 14) (BT) contracting out certificate
(this concept is unknown to Polish reader, see annotations. While
bringing the writer to the reader would mean domesticating the ST to
the context familiar to the TT readers and thus making it easy to
assimilate by them: laptop (ST, 6) komputer przenony (TT, 6) (BT)
portable computer.
Many scholars insist that full adaptation is not an accepted method of
translation (Koller, 1979: 89) as it results in semantic distortion. Nord
further maintains that a TT cannot be regarded as translation if it is not
bound to the ST (1988: 31).
Eugene Nida proposes theory of formal equivalence that focuses on
gloss translation and resolving all lexical and grammatical differences
between ST and TT remaining as close as possible to the ST:

it is essential that functional equivalence be stated primarily in terms of a

comparison of the way in which the original receptors understood and appreciated
the text and the way in which receptors of the translated text understand and
appreciate the translated text (Nida, 1993: 116).
Formal equivalence also known as formal correspondence is advocated

by Weisflog (1987: 194) in translating the analysed text type. The other
Nidas theory proposes method of Dynamic equivalence that is the
aforementioned domestication of the ST (Hatim and Mason, 1990: 7).
Some scholars propose the use of neologisms and loan words calque to
render a new legal concept it is fidelity to the original which counts,
not the beauty or elegance of the target language (Cesana in arevi,
2000: 37).
In legal translation, many scholars associate legal equivalence with the
extent to which the same legal effect can be produced in the TT while
maintaining the fidelity to the ST. This technique is often referred to as a
functional equivalence:
Legal translators have traditionally been bound by the principle of fidelity.
Convinced that the main goal of legal translation is to reproduce the content of the
source text as accurately as possible, both lawyers and linguists agreed that legal
text had to be translated literally. For the sake of preserving the letter of the law,
the main guideline for legal translation was fidelity to the source text. Even after
legal translators won the right to produce texts in the spirit of the target language,
the general guideline remained fidelity to the source text.
(arevi, 2000:16)
Staying close to the ST, Jean-Claude Gmar proposes literal translation for
laws, regulations, judgements and international treaties; functional
equivalence for contracts, administrative and commercial forms, wills, etc.
and interpretative translation for scholarly works (1995-II: 163 166). He
does not however explain the difference between functional equivalence
and interpretative translation rendering both to be very similar: Regular
payroll (ST, 5) Wypaty wynagrodzenia zasadniczego (TT, 5) (BT)
Base salary pay.
Functional equivalence is described by Newmark as a procedure that
occupies the universal area between the SL and the TL (2005: 83): Fringe
Benefits Tax (ST, 6) Podatek od wiadcze niepieninych (TT, 6)
(BT) Non cash benefits tax. In his other analysis Newmark (1982: 47)
emphasises the purpose of legal translation when selecting an appropriate
translating method. He suggests that literal translation is advisable when
legal text is created for information purposes such as foreign laws. When
dealing with legal documents concurrently valid in the TL the translator
should focus on communicative approach that is TT orientated.
Vermeer, on the other hand suggests taking into account legal criteria
when selecting the most appropriate translation strategy since the
meaning of legal texts is determined by legal context:

For instance, in regard to contracts, the decision whether and to what extend
target-language formulae should be used is determined primarily by the law
governing the contract. This fact is essential because it determines whether the
contract will be interpreted according to the source or the target legal system.
(Vermeer in arevi, 2000: 19)
Beaupr agrees with the statement and proposes that legal translation
should formulate two equal versions of the same instrument, which strive
not so much for verbal and grammatical parallelism but for linguistic
purity within the confines of legal equivalence Hence the decision making process of the legal translator is based primarily on legal
considerations (Beaupr in arevi, 2000: 47).
The aforementioned theories have been taken into consideration in the
proposed translation of the Employment Contract. However, as de
Beaugrande warns:
it is inappropriate to expect that a theoretical model of translation should solve
all the problems a translator encounters. Instead, it should formulate a set of
strategies for approaching problems and for coordinating the different aspects
entailed (in Bell, 1991: 23).
4. CONVENTIONALITIES IN LEGAL TEXTS

There are certain conventionalities in a way English and Polish legal texts
are written which are different to general texts and legal translator as
lawyer must be aware of these in order to easily recognize and read them
in both languages. The translation of the ST encountered the following
problem areas in the aforementioned department:
4.1. The macrostructure of legal texts
The macrostructure of legal texts is directly linked to legal thought
process.
Employment Contract
In England are two ways of preparing Employment Contracts: the
traditional contract and much shorter - letter of agreement. The latter
form is unknown to Polish legal system and it is presented in the
translation.
4.2. Spelling conventionalities
Capital letters
The use of capital letters is quite misleading to Polish

translator since it does not follow the rules of a traditional
English spelling. In the ST words Agreement, Employer or
Employee always start from a capital letter because they
have been defined at the beginning of the text. If in the
body of the text either of these words would appear
starting from a small letter that would indicate that it
refers to another agreement, employee or employer.

Quotation marks and
parenthesis
English lawyers use quotation marks and parenthesis in

order to define a term that will appear again in the legal
text i.e. in ST (the Employer). This spelling
conventionality should be translated into Polish as
zwanym dalej Pracodawc (further referred to as
Employer).
The English way that helps to avoid continuous
repetitions appears to be more practical than the Polish
approach.
Table 1. Legal spelling.

4.3. Divisions and arrangement of English legal texts
The are considerable differences in the way legal documents are edited in
Poland and in the United Kingdom. Additionally, there are several editing
systems operating in English contracts and official documents depending
on the length of the relevant text. Thus, word section could be a
problematic term here. First of all, it has Polish false friend in word
sekcja that indeed when BT means section but in Polish it relates to a
part of something, which is relevant to the context and thus it could be
very misleading. The correct legal translation into Polish in this case is
paragraf. It could also have been translated as rozdzia BT division if
the contract was very lengthy or artyku BT clause or article, if it was
used in other legal documents or statutes. Polish word paragraf could be
confused with English false friend paragraph that in turn is other
division of Anglo-Saxon legal texts that is of lesser importance than
section. Symbolic marking in Polish and English texts could also be very
disingenuous. Sign in English refers to section while in Polish to
paragraf that as aforementioned could be confused with English
paragraph signed .
ST:
section 1 Employment Rights Act 1996. (4)
TT:
paragrafu 1 Ustawy o Prawach Pracowniczych 1996. (4)
As proven in table 2 below, the term section can be translated correctly

into many divisions of the English legal texts nomenclature depending of
the type. It also has other meanings in general language that could be
easily confused. Since dictionaries are unable to indicate how use the
word in different context, the translator must be familiar with the
structure and relevant signing of the Polish and English official documents
and legal texts.
Dictionary
Oga, E. (2006) The
Great English and
Polish Dictionary of
Law and Economics.
Warsaw: Beck
Polish translation of
section
Cze / Fragment / Sekcja
Paragraf
Rozdzia / Dzia
Odcinek
Dzielnica
Back translated into

English
Part / Fragment / Section
Paragraph / Clause / Section
Chapter / Section
Section
A town district

Myrczek, E. (2006)
Dictionary of Law
TermsEnglish Polish
and Polish English
(2nd eds.). Warsaw:
Beck.
Jalan, J. and Jalan,
H. (2004) English Polish Dictionary of
Legal and Economic
Terms. Warsaw:
Wiedza Powszechna.
Oga, E. (2004)
Dictionary of Legal
Terms Englih Polish
(Part 2). Bydgoszcz:
Oficyna Wydawnicza
Branta.
Stanisawski, J.,
Szercha, M., Billip, K.
and Chociowska, Z.
(2003) New Polish
English and English
Polish Dictionary.
Warsaw: Philips
Wilson.
Stanisawski, J. (1995)
The Great Polish
English and English
Polish Dictionary.
Warsaw: Philips
Wilson.
Sekcja (zwok)
Odcinek/Dzia/Cz
Rozdzia/Paragraf
Przekrj
Dzielnica miasta
Przedzia (w wagonie
sypialnym)
Cut (authopsy / postmortem

examination)
Section/Department/Part
Chapter/Paragraph/Clause/Sect
ion
Section / Profile
A town district
Kompartment
Paragraph
Department / Section
Paragraf
Dzia / Oddzia
Sekcja (zwok)
Sekcja (Cz)
Paragraf
Akapit
Przekrj
Grupa / Druyna

examination)
Part
Paragraph/Clause/Section
Paragraph / Section
Section / Profile
Team
Rozcicie / Sekcja (zwok)

Sekcja / Odcinek / Paragraf
Akapit / Dzia
Segment / Cz / Etap
Przekrj / Profil / Przecicie
Oddzia / Druyna
Dzielnica
Przedzia (w wagonie
sypialnym)

examination)
Section / Paragraph
Paragraph / Section
Segment / Part / Stage
Section / Profile / Cut
Section / Team
A town district
Kompartment
Table 2. Ambiguities of legal language e.g. word section.

5. TRANSLATION PRACTICE
The code of practice for legal translation techniques is slightly different in
Poland and in England. This is because the responsibilities of legal
translator are in Poland defined by law i.e. Polish Ministry of Justice. Polish
legal / court translator must hold a status of sworn translator in order to
prove that s/he knows her/his legal obligations on how to perform the job
competently.
In any case, however, the translator must have adequate linguistic
competence, must have knowledge of the pertinent subject matter, must
respect professional secrets and must translate personally and ensure that
their name appears on TT.
5.1. Professional Association Requirements

So far, there is no one set rule for translating legal documents that would
bind translators around the world. It is likely that each culture might have
its own way of translating legal texts according to its own criteria.
5.1.1. Legal Translation in Poland Polish Society of Economic,
Legal and Court Translators (TEPIS)
In Poland, there is a requirement for legal translators to be professionally
trained. The better the qualification the better the employment
opportunities. The Polish Court Translator Code and Translating Rules for
Translating Legal Documents are quite strict and must always be obeyed.
5.1.2. United Kingdom: Chartered Institute of Linguists (CIOL) and
Institute of Translation and Interpreting (ITI)
CIOL and ITI are perhaps the most important linguistic Institutes in the
United Kingdom. Although both of the bodies have their Code of
Professional Conduct: http://www.iol.org.uk/Charter/cls.asp (CIOL) and
http://www.iti.org.uk/indexMain.html (ITI) neither refers to legal translation
in particular.
5.2. Client Requirements
Our clients rely on us to put their case, in the foreign language, as they
would like to see it put, not as we would like to see it put (Kingscott,
1990: 48). In the case of proposed translations there were no client
requirements. Nonetheless, I feel that they have to be mentioned since
they do occur in normal circumstances. First loyalty of legal translators in
such situation should be to their ethics of professional conduct, otherwise
there is a risk of what Teun van Dijk describes as social power abuse. I
therefore disagree with the Kingscotts statement in legal context.
6. THE TRANSLATING PROCESS
The perfect equivalent, which remains in the hart of legal translation, will
have no value change in both: the semantic interpretation of the source
legal text and legal interpretation of the source information. In search for
perfection that often does not exist, legal translators are usually left to
their own devises in making their translating decisions. I based my
decisions mainly on comparative analysis of parallel texts, good legal
understanding supported by professional legal literature, newest editions
(2006) of The Great Dictionary of Law and Economics, Dictionary of Law
and Lexicon of Law Terms.
Following Newmark suggestion:
When extralinguistic reality is wrong in the source text, the translator must say so.
Misstatements must be either corrected or glossed. This responsibility is more

important than monitoring the quality of the writing in the source-language text.
(1982: 128-129)
on one occasion I have amended with annotation a source of potential

misunderstanding in the TT with full realisation that any correction in
legal text is very unwelcome i.e. the Contractor (ST, 3) Pracownik
(TT, 3) (BT) the Employee. This is further analysed in subsection 6.2.2
referring to terminological errors.
Besides consideration given to points provided in previous sections, my
translating process and strategy was based on several principles: to
preserve the information content i.e. the TT had the same legal effect, the
communicative function of the translations - why the text was to be
translated which determined to whom the text was addressed in the target
context i.e. the expectations and conventions of the TT receivers,
situational factors of the particular communication process and the legal
considerations and context i.e. the law governing the document.
6.1. Register
The translated document has very formal style that although
grammatically correct sounds very unnatural. This is due to many archaic
stylistic forms and archaic terminology that is nowadays only used in legal
discourse. There have been attempts to simplify the legal language by
the plain language movement. So far, however, the language is far from
plain and thus section 6.2.2 underneath highlights the main problems that
have been encountered in the translations. The characteristic feature of
the translated legal document is also its impersonal style.
Additional problem for translation of the ST are stylistic differences that
relate to different conventions in writing contracts in Polish and English
cultures. For instance expression: employee shall be expected (ST, 10)
does not seem to be a strong requirement defined by the contract. This is
because in this type of contract i.e. the letter agreement, which is
unknown in Poland, very important is an appreciation of the intellectual
abilities of the addressee and thus the use of many indirect references.
The characteristic to this text genre tone: polite, tactful and diplomatic
rules out the use of any imperatives. However, it has to be remembered
that the document is a binding contract therefore observance of all points
it contains is demanded and not requested upon all parties involved.
Contracts written in Poland under Polish law tend to be very precise and
openly demand observance of regulations and agreements they contain
from all parties involved. Their tone could perhaps sound quite blunt and
very direct to an English reader.
ST:
Employee shall be expected to (ST, 10)
TT:
pracownik jest zobowizany (TT, 10)
BT:
Employee is obliged to

The tone of English contracts is also softened by the use of modal verb
shall that is described in more detail in subsection 6.2.1.
6.1.1. Translation function
The function of the translated text is the same as the one of the source
text formal instruction without option (Bell, 1991: 205) influencing
future behaviour. It is a legally binding agreement that will serve as a
normative instrument containing rules of conduct that are concurrently
valid in the TL. Breach of contract is likely to be remedied in the County
Court, the High Court or by an employment tribunal. The text function is
therefore regulatory or prescriptive.
6.1.2. The ST Author
A Human Resources employee or a layer might have written the contract.
In any case, it represents the law.
6.1.3. ST Reader, TT Reader and Ideal TT Reader
The linguistic principle maintains that communication is effective only if
the text author achieve interaction with the text reader. According to
Sager (1980: 210) legal translation aims at conveying communication
between the subject specialists. Thus, the translated texts retained their
professional terminology and legal syntax.
However, it has to be highlighted that the ST reader and the Ideal TT
reader are very likely to be different to the actual TT reader. This is
because they are from different legal systems and thus their system of
reference varies. There also could be certain social meaning differences
particularly in the interpretation of the contract with regard to what one
can or cannot do. This also was taken into consideration in the translated
text.
6.2. Linguistic Implications
6.2.1. Lexis and Syntax
The pronouns, modal verbs and adverbs provided below are not only
characteristic to the documents analysed in this paper but are the integral
part of the entire English legal language and due to their unique and
archaic form they are very problematic to a Polish translator as much as
they can be to a native English speakers. Equally difficult is the syntactic
ambiguity (Holland & Webb, 2003: 115) of the complex and long legal
sentence structure. The Plain English Campaign tries to simplify the legal
language to consistent resistance of lawyers who justly maintain:
technical accuracy is an essential prerequisite of good justice and that if
linguistic precision is watered down to suit the demands of an uncomprehending
majority, legal certainty will all but disappear. (Alcaraz and Hughes, 2002: 5)

Thus, correct understanding of the words presented below is essential to

the right interpretation of the entire legal document.
Pronouns and Adverbs:
a)
hereof
The above is an archaic English legal term that in the context of the
example presented underneath means: of this agreement and as such it
has to be translated into legal Polish language in order to keep its
transparency of meaning. It is worth to notice here that this pronoun is
often wrongly encoded by Polish translators as std, in English here of
or of here. It is because std is often used in Polish legal discourse and
on a surface both terms might look grammatically similar and the context
given might even reinforce this similarity.
ST:
This document sets out the terms and conditions of employment

which are required to be given to the Employee under section 1
Employment Rights Act 1996 and which apply at the date hereof.
(4)
TT:
Niniejszy dokument przedstawia stosunki i warunki zatrudnienia

nalene pracownikowi z tytuu Artykuu 1 Ustawy o Prawach
Pracowniczych z 1996 roku, ktre wchodz w ycie w dniu zawarcia
niniejszej umowy. (4)
BT:
This document sets out the terms and conditions of employment

which are required to be given to the Employee under section 1
Employment Rights Act 1996 and which apply at the date of this
Agreement.
The above example also highlights another problem. The target legal
language is similarly to English very conservative in its discourse and thus
many English terms have to be translated into archaic Polish language
such as:
This agreement means niniejsza umowa. Archaic word niniejsza in
modern Polish language is ta and both mean in English this.
b)
hereto
Hereto is an archaic English legal term that in the context of the example
presented underneath means: to this agreement and in this form must be
translated into an archaic legal Polish term:
ST:
This Agreement contains the entire Agreement between the Parties

and supersedes all prior arrangements and understandings whether
written or oral with respect to the subject matter hereof and may not
be varied except in writing signed by both parties hereto. (21)

TT:
Niniejsza umowa obejmuje cao umowy zawartej pomidzy jej

stronami i zastpuje wszelkie wczeniejsze uzgodnienia i
porozumienia, czy to pisemne czy ustne, nawizujce do istoty
tematu tej umowy i moe ona jedynie by zmieniona pisemnie z
podpisami obu stron niniejszej umowy. (21)
BT:
This Agreement contains the entire Agreement between the Parties

and supersedes all prior arrangements and understandings whether
written or oral with respect to the subject matter of this Agreement
and can not be varied except in writing signed by both parties to
this Agreement.
c)
hereunder
Hereunder is an archaic English legal word that in the context of the

example given underneath means: under this agreement and in this form
must be translated into an archaic legal Polish terminology. In this case
additional complication is part under that might mislead inexperienced
Polish translator into a conclusion that the pronoun refers to a provisions of
the agreement that are provided underneath in the document. Hereunder
and discussed already words hereof and hereto when used in an
agreement refer to this agreement as a whole and not to any particular
provisions of this agreement like it would be a case with equally exotic to a
laic English speakers words: hereinbelow, hereinabove or hereinafter
etc.
ST:
All communications including notices required to be given

hereunder (19)
TT:
Wszelka komunikacja, wczajc powiadomienia, wymagana na

mocy niniejszej umowy (19)
BT:
All communications including notices required to be given under

this agreement
d)
thereof and therewith
The types of pronouns, similarly to the type with here above, are unique
to the archaic English language. Part there of the word refers to
identities, phenomena, people or things outside the document i.e.
agreement and thus based on the context of the examples given
underneath have been translated as of the Employer and with whom
respectively.
ST:
For period of two years after the termination of this Agreement the
Employee shall not solicit or seek business from any customers or
clients of the Employer who were customers or clients thereof at
any time during the six months immediately preceding the

termination hereof and therewith the Employee had material

dealings. (17)
TT:
Przez okres dwch lat po wypowiedzeniu niniejszej umowy,

pracownik nie bdzie zabiega o, lub nakania do dziaalnoci
handlowej, jakichkolwiek klientw pracodawcy, ktrzy byli w okresie
szeciu miesicy bezporednio poprzedzajcym wypowiedzenie
niniejszej umowy klientami pracodawcy oraz z ktrymi niniejszy
pracownik prowadzi transakcje materialne. (17)
BT:
For period of two years after the termination of this Agreement the
Employee shall not solicit or seek business from any customers or
clients of the Employer who were customers or clients of the
Employer at any time during the six months immediately preceding
the termination hereof and with whom the Employee had material
dealings.
e)
hereby
The above is another archaic English legal term that can be misleading. It
can be often correctly understood as a pronoun. However, in the
particular legal context it is an archaic form of therefore and as such
should be translated into an archaic Polish legal equivalent niniejszym.
Modern and not legal Polish term meaning niniejszym is dlatego or
dlatego te.
ST:
The Employer hereby shall be entitled to apply for an injunction

(16)
TT:
Pracodawca niniejszym upowaniony jest do ubiegania si o nakaz

sdowy (16)
BT:
The Employer therefore is entitled to apply for an injunction

(16)
b)
the said
This standard legal archaic term is translated into its Polish archaic
functional equivalent rzeczone:
ST:
In addition to the said Base Salary (7)
TT:
Dodatkowo do rzeczonego wynagrodzenia zasadniczego (7)
The Modal Verbs:

a)
Shall
It is not used here to express the future tense of the associated verb but
the undisputed authority and power of the speaker. The modal verb

should be understood and translated as a statement that indicates the

present tense:
(1).
ST:
No employment with a previous employer shall be counted as

part of the Employees period of continuous employment. (6)
TT:
Nie wlicza si okresu przepracowanego dla poprzedniego

pracodawcy do biecego okresu zatrudnienia pracownika. (6)
BT:
No employment with a previous employer is counted as part of the

Employees period of continuous employment. [because the
Employer decided so]
(2).
ST:
The Employee shall be entitled to twenty five days holiday (11)
TT:
Pracownikowi nalez si dwadziecia pi dni urlopu (11)
BT:
the
The Employee is entitled to twenty five days holiday [because

Employer decided so]
b)
May
It is not used in the legal translation into Polish to express permission but
in the meaning of another modal verb i.e. can:
(1)
ST:
no more than two weeks holiday may be taken at any one time.
(11)
TT:
jednorazowo nie mona pobra urlopu duszego ni dwa

tygodnie. (11)
BT:
no more than two weeks holiday can be taken at any one time.
(2)
ST:
The Employee may terminate this Agreement by one weeks written

notice to the Employer. (15)
TT:
Pracownik moe wypowiedzie niniejsz umow z tygodniowym

pisemnym powiadomieniem pracodawcy. (15)
BT:
The Employee can terminate this Agreement by one weeks written

notice to the Employer.
Archaisms:

Each case of the word whereof has to be analyzed on individual basis as

there is no general rule that would help encoding its meanings. When the
term is used in testimonium IN WITNESS WHEREOF it forms a very
conservative legal formula that should be translated unconventionally as
follows:
ST:
IN WITNESS WHEREOF the parties hereto have signed this

Agreement the day and year first above written. (23)
TT:
NA DOWD POWYSZEGO strony niniejszej umowy podpisay j

w dniu wskazanym w postanowieniach wstpnych. (23)
BT:
AS PROOF FOR [AGREEING] THE ABOVE the parties to this

Agreement have signed it the day and year first above written.
In other circumstances, the pronoun can imply that it refers to a place due
to its component where. However, it actually refers to word whose that
reflects an archaic linguistic practice. It also can in certain contexts, albeit
extremely rarely, refer to of which. Grammatically the pronoun often
plays the role of noun declination which is present in Polish language and
absent in English.
6.2.2. Terminology
As discussed in section 6.3. below, each legal system has its own legal
language and legal translators must be able to use language effectively to
express legal actions that achieve the desired legal effects despite the
many terminological incogruencies in the legal context. Legal translation
aims at conveying communication between the subject specialists. Thus,
the terminology must not only be rightly encoded but also rightly decoded.
Full list of legal terminology from the proposed translation is provided in
appendix 4.
Type
Terminological
errors
Another problem was a

terminological error in the
Employment Contract resulting in
lack of terminological coherence
of the ST. The problem refers to
the word contractor. Following
arevi:
it has become a golden
rule of legal translation
that translators must
refrain from correcting
errors or improving the
language of authenticated
translations having the
force of law. (2000: 118)
Since the entire ST clearly refers
to employee employed on a
Example
The word contractor
Translated into Polish is
kontrahent or wykonawca.
Kontrahent or wykonawca is
one of the parties who
undertakes a contact (The
New Dictionary of the Polish
Language, 2003: 353) but of
A different kind than
the permanent employment
contract described in the ST.
Kontrahent often relates to
one off contracts with a set
deadline and clearly defined
purpose i.e. construction of a
building, professional advice
etc. According to the
Dictionary of Law (2003: 38)
word wykonawca means in

Terminological
incongruency
permanent contract in a
professional capacity and also
repetitively uses the term
employee when referring
to Dr. John Smith, I have
broken the aforementioned
golden rule and replaced
kontrahent (contractor) with
pracownik(employee)
providing appropriate
annotation. This way the entire
document becomes coherent in
terms of position offered.
This approach is supported by
Newmark already mentioned in
section 6.
English executor. Following

Polish legal language in the set
context the word should be
replaced by another word
pracownik (Encyclopaedia of
[Polish] Law, 2004: 757)
which in English means
employee. Word contractor
has also similar connotations
in English language:
a person who undertakes a
contract especially to provide
materials, conduct building
operations, etc. (Concise
Oxford English Dictionary,
2002: 312) as opposed to an
employee a person who works
under the direction and control
of another (the employer) in
return for a wage or salary
(Dictionary of Law, 2003:170).
In resolving the problem

of terminological
incogruencies in the
proposed translation, I
focused on TT having the
same results in practice
as the ST. This was
obtained by using
predominantly functional
equivalents term
designating a concept or
institution of the target
legal system having the
same function as a
particular concept of the
source legal system
(arevi, 2000: 236),
natural equivalents terms
that actually exist in the
target legal system (ibid,
2000: 234) and neutral
equivalents that are
universal to all legal
systems.
(1)
ST: Fringe Benefits Tax
(6)
TT: Podatek od wiadcze
niepieninych (6)
BT: Non cash benefits tax
(2)
ST: Cafeteria benefits (6)
TT: wiadczenia nie
pienine
Another problem was

etymological equivalents
such as contract
(kontrakt) which are not
identical at the
conceptual level. The
English concept of
contract is much broader
than its Polish equivalent
(6)
BT: Non cash benefits
(3)
ST: Regular payroll ( 8)
TT: Wypaty wynagrodzenia
zasadniczego (8)
BT: Base salary pay
(4)
ST: an Annual Bonus in
cash
(7)
TT: premia roczna w
rodkach pieninych
(7)
BT: an Annual Bonus paid by
financial means

as it also incorporates the
concept of agreement.
Annotation 1 explains the
matter further.
Table 3. Terminological problems in the ST.
6.2.3. Sentence Construction

Specific feature of the English legal language is extremely long and thus
often confusing sentences that perhaps could cause the most significant
difficulty in translating:
TERMINATION. The Employer may terminate this Agreement by giving
written notice to the Employee as follows:
(a) with not less than one weeks notice during the first two years
of continuous employment;
(b) with not less than one weeks notice for each full year of continuous
employment after the first two years until the twelfth year of continuous
employment; and
(c) with not less than twelve weeks notice after twelve years of
continuous employment.
(d) with immediate effect but payment in lieu of notice, if the Employee
become of unsound mind. (ST, 15)
The above sentence consists of 91 words. The unwritten legal rule
maintains that one thought should be contained in one sentence. In order
to encode such a sentence it is necessary to locate its main subject and
predicate. Based on assessing these first it is then possible to start
analyzing the meaning of the entire sentence. The rules of Functional
Grammar come very useful here since locating the Participant (head)
allows distinguishing the nominal group with all its pre and post modifies,
pointing out Process highlights the verbal group and the Circumstances
that provide context for the Process. Thus in the above example the focus
is on the Employer and not on the agreement.
6.3. Polish and English Law Contextual Differences
law remains first and foremost a national phenomenon. Each national or
municipal law constitutes an independent legal system with its own
terminological apparatus and underlying conceptual structure, its own rules of
classifications, sources of law, methodological approaches, and socio-economic
principles. (arevi, 2000: 13)
In order to understand contracts that are written in different cultures it is

necessary to be familiar with their ambiguities not only from the linguistic
perspective. Thus, the Polish legal system is based on Roman law that is
based on civil law as opposed to common law. The UK does not have a
written' constitution and is made up of four main parts: statute law,
common law, conventions and works of authority.

It is not within the scope of this paper to explain in detail the significant
differences in English and Polish legal systems. It is however important to
highlight that a professional legal translator should be aware of them. One
significant difference relevant to the study is that English contracts have a
long chain of final provisions that in the main are unknown in Polish
contracts. These provisions often use unique Anglo-Saxon legal
terminology that might appear ambiguous at first but it is highly
standardised and thus manageable for an experienced translator. Each
legal system has its own language of law and the main challenge of the
legal translator is the incongruency of legal systems (arevi, 2000: 13).
The terminological incogruencies have already been presented in more
detail in section 6.2.2.
6.4. Cultural Differences
Legal translation, like every translation, concerns exchange between
dissimilar cultures. The proposed translation does not impose a great deal
of differences of social contexts. There is however difference in
understanding responsibilities of director in Polish and English contexts.
The difference is explained in the annotation 4.
7. CONCLUSIONS
The proposed translation of English Employment Contract into Polish
language demonstrates that ideal equivalence in legal texts does not
exists even with good background knowledge, cultural knowledge and
intuitive competence of the translator, simple because the two legal
systems, semantic space, legal concepts and terminology and cultural
perspectives are incompatible.
Legal translation will hardly ever be equal in meaning but it must be equal
in legal effect. Thus, the goal of the proposed legal translation was to
produce legal text that had the same application as the original. The most
successful way to achieve this appeared to be translation based on
functional equivalents.
My translating process and strategy was based on several principles:
preserving the information content, preserving the communicative
function of the translations, which determined to whom the text was
addressed in the target context, situational factors of the particular
communication process, the legal considerations and the legal context.
Especially important was also my personal detachment from the translated
texts since interpretation of the documents should always be left to the
lawyer.
The texts had to respect the rules of the TL since it is the sense that
counts and not the words in isolation. Summarising, in theory the best

legal translation would be the one in which nothing is hidden from the
receiver, all problems are elaborated and all original defects are noted.
In practice however, thoroughly annoted legal translation like the one
analysed here is rarely requested by clients and almost never, based on
my personal experience, offered by translators. Generally, it is required
from a translator to make a decision and spare copious amounts of
explanatory notes since clients value their time.
Bibliography
Alcaraz, E. and Hughes, B. (2002) Legal Translation Explained.

Manchester: St. Jerome Publishing.
Belitt, B. (1978) Adam's Dream: A Preface to Translation. New York:

Grove Press.
Bell, R. T. (1991) Translation and Translating: Theory and Practice.

London: Longman.
Concise Oxford English Dictionary. (2002) Oxford: Oxford

University Press.
Dictionary of Law (5th eds.). (2003) Oxford: Oxford University

Press.
van Dijk, T. A. (1996) Discourse, power and access. In Caldas

Coulthard, C. R. and Coulthard, M. (eds.) (1996) Texts and Practices:
Readings in Critical Discourse Analysis. London: Routhedge, p. 84103.
Encyclopeadia of [Polish] Law. (2004) Bielsko-Biaa: Park.
Gmar, J. (1995) Traduire ou lart dinterprter, Fonctions, statut et

esthtique de la traduction, tome 1: Principles, Saint-Nicolas
(Qubec): Presses de l Universit du Qubec.
Hatim, B. and Mason, I. (1990) Discourse and the Translator.

London: Longman.
Holland, J. A. and Webb, J. S (2003) Learning Legal Rules. Oxford:

Oxford University Press.
Jalan, J. and Jalan, H. (2004) English - Polish Dictionary of Legal

and Economic Terms. Warsaw: Wiedza Powszechna.

Kingscott, G. (1990) Endpiece [on the moral responsibility of

translators]. Language International 2(6).
Koller, W. (1979) Einfhrung in die bersetzungswissenschaft.

Heidelberg: Quelle & Meyer
Myrczek, E. (2006) Dictionary of Law TermsEnglish Polish and

Polish English (2nd eds.). Warsaw: Beck.
Newmark, P. (1981) Approaches to Translation. New York:

Pergamon.
Newmark, P. (2005) A Textbook of Translation. London: Longman.
Nida, E. A. (1993) Language, Culture and Translating. Shanghai:

Shanghai Foreign Language Education Press.
Nord, C. (1988) Textanalyse und bersetzen. Heidelberg: Gross.
Oga, E. (2004) Dictionary of Legal Terms Englih Polish (Part 2).

Bydgoszcz: Oficyna Wydawnicza Branta.
Oga, E. (2006) The Great English and Polish Dictionary of Law and
Economics. Warsaw: Beck.
Sager, J., Dungworth, D., and McDonald, P. (1980) English

Special Languages. Wiesbaden: Oscar Brandstetter.
von Schleiermacher, F. (1838) In Wilss, W. (1982) The Science of

Translation. Problems and Methods. Tbingen: Gnther Narr.
Stanisawski, J., Szercha, M., Billip, K. and Chociowska, Z.

(2003) New Polish English and English Polish Dictionary. Warsaw:
Philips Wilson.
arevi, S. (2000) New Approach to Legal Translation. London:

Kluwer Law International.
Treitel, G. H. (2004) An outline of the law of contract. Oxford:

Oxford University Press.
Vermeer, H. J. (1989) Skopos and Commission in Translational

Action. In Venuti, L. (2000) TheTtranslation Studies Reader.
London: Routlage p. 221 -32
Weisflog, W. E. (1987) Problems of Legal Translation. In Swiss

Reports presented at the XIIth International Congress of
Comparative Law. Zrich: Schulthess, p. 179-218.

APPENDIX 1
[All personal information provided in the document called Employment
Contract is fictional].
EMPLOYMENT CONTRACT
1.
THIS AGREEMENT IS MADE the 15th day of August 2007
2.
BETWEEN
GlobalMedia Limited with registered office at 234 Regent

Street, London WL13 5MD (the Employer);
and
3.
Dr John Smith of 19 Dixon Road, London SL13 9JN (the

Contractor)
4.
This document sets out the terms and conditions of employment which are
required to be given to the Employee under section 1 Employment Rights Act 1996
and which apply at the date hereof.
5.
COMMENCEMENT AND JOB TITLE. The Employer agrees to employ the Employee
from the 20th of August year 2007 in the capacity of Financial Director at
GlobalMedia Ltd. No employment with a previous employer shall be counted as
part of the Employees period of continous employment. The Employees duties
may from time to time be reasonably modified as necessary to meet the needs of
the Employers business.
6.
BASE SALARY AND BENEFITS. The Employer shall pay the Employee a base salary
of 185,000 per year by equal monthly instalments in arrears. The Emploees
Base Salary shall be reviewed on an annual basis by the Compensation
Committee in the discretion of the Board of Directors. The base salary will be
subject to statutory deductions and will comprise a number of elements which
may include:
(A) voluntary pension contribution
(B) cafeteria benefits which the Employee elected to receive as a component of his
base salary that include:
(a) provision of car;
(b) provision of mobile phone;
(c) provision of laptop;
(d) provision of private medical insurance for the Employee and his family
members; and
(e) seasonal football ticket every year.
(C) Fringe Benefits Tax which is payable on the non-cash benefits.

7.
ANNUAL BONUS. In addition to the said Base Salary, the Financial Director shall be
awarded, for each fiscal year ending during the Employment Period, an Annual
Bonus in cash, determined as a percentage of annual Base Salary.
8.
SPECIAL BONUS. In recognition and appreciation of Employees performance, the

company may pay the Employee a special discretionary bonus in the amount of up
to 30,000 in one instalment to be included with the first regular payroll in August
during the Employment Period. The payment shall be subject to standard payroll
practices and be subject to applicable withholding taxes.
9.
HOURS OF EMPLOYMENT. The Employees normal hours of employment shall be

9am to 6pm on Mondays to Fridays during which the Employee may take up to one
hour for lunch between the hours of 12pm to 2pm, and the Employee may from
time to time be required to work such additional hours as
is reasonable to meet the requirements of the Employers business at no
additional payment. During
the term of the employment, the Employee shall be expected to devote his full
working time and attention to the business of GlobalMedia Ltd, and he shall not
render services to any other business without the prior approval of the Board of
Directors or, directly or indirectly, engage or participate in any business outside
the operations of GlobalMedia Ltd.
10.
11.
HOLIDAYS. The Employee shall be entitled to twenty five days holiday per
calendar year at full pay in addition to the normal public holidays. Holidays must
be taken at a time that is convenient to the Employer and no more than two
weeks holiday may be taken at any one time.
12.
SICKNESS. The Employee shall be paid normal remuneration during sickness

absence for a maximum of 26 weeks in any period of twelve months provided that
the Employee provides the Employer with a medical certificate in the case of
absence of more that seven consecutive days. Such remuneration shall be less
the amount of any Statutory Sick Pay or Social Security sickness benefits to which
the Employee may be entitled.
13.
COLLECTIVE AGREEMENTS. There are no collective agreements in force directly

relating to the terms of the Employee employment.
14.
PENSION. The Employee shall be entitled to join the Employers pension scheme
the details of which are set out in the Employers booklet entitled GlobalMedia
Pension Scheme which is available on request. A contracting-out certificate under
the Pension Schemes Act 1993 is in force in respect of this employment.
15.
TERMINATION. The Employer may terminate this Agreement by giving written

notice to the Employee as follows:
(a) with not less than one weeks notice during the first two years of continuous
employment;
(b) with not less than one weeks notice for each full year of continuous
employment after the first two years until the twelfth year of continuous
employment; and
(c) with not less than twelve weeks notice after twelve years of continuous
employment.
(d) with immediate effect but payment in lieu of notice, if the Employee become of
unsound mind.

The Employer may terminate this Agreement without notice or payment in lieu of
notice in case of serious or persistent misconduct such as to cause a major breach
of the Employers disciplinary rules.
The Employee may terminate this Agreement by one weeks written notice to the
Employer.
16.
CONFIDENTIALITY. The Employee is aware that during his employment he may be

party to confidential information concerning the Employer and the Employers
business. The Employee shall not during the term of this employment disclose or
allow the disclosure of any confidential information (except in the proper course of
his employment). After the termination of this Agreement the Employee shall not
disclose or use any of the Employers trade secrets or any other information which
is of sufficiently high degree of confidentiality to amount to a trade secret. The
Employer hereby shall be entitled to apply for an injunction to prevent such
disclosure or use and to seek any other remedy including without limitation the
recovery of damages in the case of such disclosure or use.
17.
NON-COMPETITION. For period of two years after the termination of this

Agreement the Employee shall not solicit or seek business from any customers or
clients of the Employer who were customers or clients thereof at any time during
the six months immediately preceding the termination hereof and therewith the
Employee had material dealings.
18.
DISCIPLINE AND GRIEVANCE. The Employers disciplinary rules and the grievance
and appeal procedure in connection with these rules are set out in the Employers
booklet entitled The Guidelines which is attached hereto.
19.
NOTICES. All communications including notices required to be given hereunder

shall be in writing and shall be sent either by personal service or first class post to
the Parties respected addresses.
20.
SEVERABILITY. If any provision of this Agreement should be held to be invalid it

shall to that extent be severed and the remaining shall continue to have full force
and effect.
21.
ENTIRE AGREEMENT. This Agreement contains the entire Agreement between the
Parties and supersedes all prior arrangements and understandings whether written
or oral with respect to the subject matter hereof and may not be varied except in
writing signed by both parties hereto.
22.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws
of England and Wales and shall be subject to the exclusive jurisdiction of the
English courts.
23.
IN WITNESS WHEREOF the parties hereto have signed this Agreement the day and
year first above written.
24.
SIGNED: _________________________
Signed by or on behalf of the Employer
in the presence of (witness)
Name____________________
Address__________________

________________________
DATED_____________________
Occupation_______________
________________________________
Signed by or on behalf of the Employee
________________________
in the presence of (witness)
Name____________________
Address__________________
________________________
DATED_____________________
Occupation_______________

APPENDIX 2
The text below is my translation of the Employment Contract.
UMOWA O PRAC
1.
NINIEJSZ UMOW (1) zawarto w dniu 15 sierpnia 2007 roku
2.
POMIDZY
Londyn
GlobalMedia Limited z gwn siedzib przy 234 Regent Street,

WL13 5MD (zwan dalej Pracodawc)
oraz
3.
Doktorem (2) Johnem Smithem zamieszkaym przy 19 Dixon Road,

Londyn SL13 9JN (zwanym dalej Pracownikiem) (3)
4.
Niniejszy dokument przedstawia stosunki i warunki zatrudnienia pracownika na

podstawie paragrafu 1 Ustawy o Prawach Pracowniczych 1996, ktre wchodz w
ycie w dniu zawarcia niniejszej umowy.
5.
DATA ROZPOCZCIA ZATRUDNIENIA I TYTU SUBOWY. Pracodawca wyraa

zgod na zatrudnienie Dr. Johna Smitha od 20 sierpnia 2007 roku na pozycji
dyrektora finansw (oraz czonka rady dyrektorw) (4) w GlobalMedia Limited (5).
Do biecego (6) okresu zatrudnienia pracownika nie wlicza si okresu
przepracowanego dla poprzedniego pracodawcy. Obowizki pracownika mog by
od czasu do czasu, z wymogu potrzeb przedsibiorstwa pracodawcy, odpowiednio
zmienione.
6.
WYNAGRODZENIE ZASADNICZE (7) I WIADCZENIA. Pracodawca zobowizany

jest to pacenia pracownikowi wynagrodzenia zasadniczego w wysokoci 185000
(8) GBP na rok w rwnych, zalegych ratach w odstpach miesicznych.
Wynagrodzenie zasadnicze pracownika jest w odstpach rocznych przedmiotem
analizy komisji do spraw wynagrodze wedug uznania rady dyrektorw. Od
wynagrodzenia zasadniczego odjte zostan ustawowe potrcenia i obejmowa
ono bdzie czci skadowe (9) do ktrych wlicza si mog:
(A) nieobowizkowe skadki emerytalne;
(B) wiadczenia niepienine (10), wybrane przez pracownika jako cz skadowa
jego wynagrodzenia zasadniczego, obejmujce:
(a) udostpnienie samochodu;
(b) udostpnienie telefonu komrkowego;
(c) udostpnienie komputera przenonego (11);
(d) udostpnienie prywatnego ubezpieczenia zdrowotnego dla pracownika i
czonkw jego rodziny; oraz
(e) coroczny bilet sezonowy na mecze piki nonej.
(C) podatek od wiadcze niepieninych.
7.
PREMIA ROCZNA (12). Dodatkowo do rzeczonego wynagrodzenia zasadniczego

przyznana jest dyrektorowi finansowemu, pod koniec roku fiskalnego w czasie
okresu zatrudnienia, premia roczna w rodkach pieninych wyznaczona przez
procent rocznego wynagrodzenia zasadniczego.
8.
PREMIA OKOLICZNOCIOWA. W uznaniu i w podzikowaniu za wyniki pracy

pracownika, przedsibiorstwo zapaci pracownikowi specjaln premi uznaniow w
wysokoci do 30000 GBP patn jednorazowo w sierpniu w czasie okresu
zatrudnienia, wczon do najbliszej wypaty wynagrodzenia zasadniczego.

Niniejsza patno jest podporzdkowana standardowej praktyce wypaty
wynagrodze i podlega obowizujcemu podatkowi pobieranego zaliczkowo.
9.
GODZINY PRACY. Podstawowe (13) godziny pracy pracownika s pomidzy

godzin 9 a 18 (14) od poniedziaku do pitku w czasie ktrych pracownik moe
wzi a do godziny przerw na popoudniowy posiek (15) pomidzy godzin 12 a
14 oraz od czasu do czsu moe by wymagana od pracownika praca w
dodatkowych godzinach, bez dodatkowego wynagrodzenia, z wymogu potrzeb
przedsibiorstwa pracodawcy.
10.
W czasie trwania zatrudnienia pracownik jest zobowizany powici cay czas i

uwag dziaalnoci gospodarczej GlobalMedia Limited i nie moe wiadczy usug
na rzecz jakiegokolwiek innego przedsibiorstwa bez uprzedniej zgody rady
dyrektorw oraz bezporednio lub porednio angaowa si lub uczestniczy w
jakimkolwiek przedsibiorstwie poza dziaalnoci GlobalMedia Limited.
11.
URLOP. Pracownikowi nale si dwadziecia pi dni penopatnego urlopu na rok

kalendarzowy w dodatku do zwykych wit pastwowych. Urlop musi by
pobrany w czasie dogodnym dla pracodawcy i jednorazowo nie mona
wykorzysta urlopu duszego ni dwa tygodnie.
12.
NIEOBECNO W PRACY Z POWODU CHOROBY (16). Pracownik otrzyma

podstawow pac za czas nieobecnoci w pracy z powodu choroby a do 26
tygodni w kadym dwunastomiesicznym okresie pod warunkiem przedstawienia
pracodawcy zawiadczenia lekarskiego w wypadku nieobecnoci duszej ni
siedem kolejnych dni. Od niniejszego wynagrodzenia odjta zostanie suma
jakiegokolwiek ustawowego zasiku chorobowego lub zasiku chorobowego z tytuu
ubezpieczenia spoecznego, ktre mog nalee si pracownikowi.
13.
UZGODNIENIA ZBIOROWE. Nie ma obowizujcych uzgodnie zbiorowych

bezporednio nawizujcych do warunkw zatrudnienia pracownika.
14.
WIADCZENIE EMERYTALNE (17). Pracownik jest upowaniony do przyczania

si do systemu emerytalnego pracodawcy, ktrego szczegy s przedoone w
broszurze pracodawcy zatytuowanej System Emerytalny GlobalMedia dostpnej
na yczenie. W niniejszym zatrudnieniu obowizuje zawiadczenie o odczeniu
si drog umowy (18) zgodnie z Ustaw o Systemach Emerytalnych 1993.
15.
WYPOWIEDZENIE.
Pracodawca moe wypowiedzie niniejsz umow poprzez
pisemne powiadomienie pracownika w nastpujcy sposb:
(a) z co najmniej tygodniowym powiadomieniem w czasie pierwszych w peni
przepracowanych dwch lat;
(b) z co najmniej tygodniowym powiadomieniem za kady w peni przepracowany
rok, po upywie pierwszych dwch lat, a do w peni przepracowanego
dwunastego roku; oraz
(c) z co najmniej dwunasto tygodniowym powiadomieniem, po upywie w peni
przepracowanych dwunastu lat.
(d) z natychmiastowym skutkiem z zapat w miejsce powiadomienia jeeli
pracownik
zachoruje na schorzenie umysowe (19).
Pracodawca moe wypowiedzie niniejsz umow bez powiadomienia oraz zapaty
w miejsce powiadomienia w wypadku powanych i staych wykrocze subowych
takich jak spowodowanie istotnych narusze zasad dyscypliny pracodawcy.
Pracownik moe wypowiedzie niniejsz umow z tygodniowym powiadomieniem
pracodawcy na pimie.

16.
ZACHOWANIE POUFNOCI (20).

Pracownikowi wiadomo jest, e w czasie
zatrudnienia moe mie dostp do poufnych informacji dotyczcych pracodawcy i
jego przedsibiorstwa. Pracownik w okresie zatrudnienia nie ujawni lub nie
dopuci do ujawnienia wszelkiej poufnej informacji (z wyjtkiem, kiedy jest to tok
postpowania waciwy dla jego zatrudnienia). Po rozwizaniu niniejszej umowy
pracownik nie ujawni lub naduyje jakichkolwiek tajemnic dziaalnoci
gospodarczej pracodawcy lub wszelkiej innej informacji wystarczajco poufnej by
przyczyni si do ustanowienia tajemnicy dziaalnoci gospodarczej. Pracodawca
niniejszym upowaniony jest do ubiegania si o nakaz sdowy zabezpieczajcy
przed niniejszym ujawnianiem lub uycia bd zabiegania o wszelki inny sposb
wczywszy otrzymanie nieograniczonego odszkodowania w wypadku niniejszego
ujawnienia lub naduycia.
17.
ZAKAZ KONKURENCJI (21). Przez okres dwch lat po wypowiedzeniu niniejszej

umowy, pracownik nie bdzie stara si pozyska, lub nakania do dziaalnoci
handlowej, jakichkolwiek klientw pracodawcy, ktrzy byli w okresie szeciu
miesicy bezporednio poprzedzajcym wypowiedzenie niniejszej umowy,
klientami (22) pracodawcy oraz z ktrymi niniejszy pracownik prowadzi
transakcje materialne.
18.
ZASADY DYSCYPLINY I SKARG (23).

Przepisy dyscyplinarne pracodawcy wraz z
nawizujcymi do nich procedurami rozpoznawania skarg i apelacji s przedoone
w broszurze pracodawcy zatytuowanej Wytyczne doczonej do niniejszej
umowy.
19.
POWIADOMIENIA. Wszelka korespondencja, wczajc powiadomienia, wymagana

na mocy niniejszej umowy, powinna by prowadzona na pimie i dorczona bd
osobicie bd za pomoc poczty priorytetowej (24) na podane adresy stron.
20.
ROZDZIELNA INTERPRETACJA POSTANOWIE UMOWY (25). Jeeli ktrekolwiek z

postanowie niniejszej umowy zostanie uznane za niewane bdzie ono w takim
zakresie oddzielone a pozostao pozostawa bdzie w penej mocy prawnej.
21.
CAO UMOWY. Niniejsza umowa obejmuje cao umowy zawartej pomidzy jej
stronami i zastpuje wszelkie wczeniejsze uzgodnienia i porozumienia, czy to
pisemne czy ustne, nawizujce do istoty tematu tej umowy i moe ona jedynie
by zmieniona pisemnie z podpisami obu stron niniejszej umowy.
22.
PRAWO WACIWE. Niniejsza umowa przygotowana jest na podstawie prawa

Anglii i Wali i podlega wycznej jurysdykcji angielskich Sdw.
23.
NA DOWD POWYSZEGO strony niniejszej umowy podpisay j w dniu

wskazanym w postanowieniach wstpnych.
24.
PODPISANE
_____________________
Podpisane przez lub z ramienia pracodawcy
w obecnoci (wiadka)
Nazwisko i imi ___________
Adres__________________
________________________
Z DAT
_____________________
Zawd_______________
________________________________
________________________
Podpisane przez lub z ramienia pracownika
w obecnoci (wiadka)

Nazwisko i imi__________
Adres__________________
_______________________
Z DAT_____________________
Zawd_______________
APPENDIX 3
The numbers in front of my annotations refer to numbers I have put in my
proposed translation into Polish provided in the Appendix 2.
Employment Contract Annotations (ST1)
(1)
In legal English terminology the word agreement is a less formal name for the
word contract and thus must be translated with this connotation in mind in the
context of the ST. It therefore has to be translated as kontrakt (contract) even

though the word has already been used in translation of the word contact in the
headline. It has to be mentioned that the most recognised legal translation of the
word agreement into Polish is word porozumienie, which has different
connotation and often relates to agreement made between parties that aims at i.e.
finishing some conflict, making a business or political deal etc.
(2)
The title of doctor, abbreviated as Dr. in the Anglo-Saxon countries is not always
equivalent to the title of doctor in Poland due to differences in the educational
framework. Since it is not the main aspect of the translation and thus there is no
more contextual information available, the title has not been altered in the TT
(3)
The word contractor translated into Polish is kontrahent or wykonawca.

Kontrahent or wykonawca is one of the parties who undertakes a contact (The
New Dictionary of the Polish Language, 2003: 353) but of a different kind than the
permanent employment contract described in the ST. Kontrahent often relates to
one off contracts with a set deadline and clearly defined purpose i.e.
construction of a building, professional advice etc. According to the Dictionary of
Law (2003: 38) word wykonawca means in English executor. Following Polish
legal language in the set context the word should be replaced by another word
pracownik (Encyclopaedia of [Polish]Law, 2004: 757) which in English means
employee. Word contractor has also similar connotations in English language:
a person who undertakes a contract especially to provide materials, conduct
building operations, etc. (Concise Oxford English Dictionary, 2002: 312) as
opposed to an employee a person who works under the direction and control of
another (the employer) in return for a wage or salary (Dictionary of Law, 2003:
170). Since the entire ST clearly refers to employee employed on a permanent
contract in a professional capacity and also repetitively uses the term employee
when referring to Dr. John Smith, I have replaced kontrahent (contractor) with
pracownik (employee) providing appropriate annotation. This way the entire
document becomes coherent in terms of position offered.
(4)
In Poland a director does not have to be a member of the Board of Directors in

order to hold the title while in the United Kingdom it is a necessary requirement.
The role of Dr. Smith is thus the one of the Financial Director and of a member of
the Boards of Directors. To fully inform the reader of the differences in his
responsibilities or prompt him to seek further legal advice and to reassure that the
TT has the same legal effect I added information oraz czonka rady dyrektorw
(and the member of the Board of Directors) in brackets to the TT.
(5)
Ltd is an abbreviation of Limited. It is a term that must be added to all registered

in the United Kingdom private limited companies. I opted to retain the original
Limited rather than replace it by Polish near functional equivalent spka z
ograniczon odpowiedzialnoci in turn abraviated to s.o.o. (private limited
company) as the contract is subject to English jurisdiction. I would however point
it out to the TT reader in an annotation to seek, in his own interest, a legal advice
clarifying the matter.
(6)
ST word continuous must have been replaced by word biecy (current) in order
to not jeopardise the coherence of the Polish translation of the sentence.
(7)
The use of word salary in English indicates an employment of someone in

professional / intellectual capacity as opposed to word wage that is paid to a blue
collar workers. In Polish there is one term for both wynagrodzenie
(compensation). This is quite confusing situation since English is more politically
correct than Polish. It does not appear to be in this case. Since the entire text
clearly indicates that Dr. Smith is employed in intellectual capacity I did not find it
necessary to add any information here in order to clarify the issue.

(8)
Translation dropped comma because in Poland it is equivalent of full stop and

indicates decimal places. Thus, the original figure 185,000 would be 185 GBP
and not 185000 as originally intended.
(9)
The ST1 will comprise a number of elements, which may include while it was
translated as obejmowa ono bdzie czci skadowe do ktrych wlicza si
mog (will comprise elements, which may include). The wording: a number of
has been missed out of the translation especially because it does not suit in this
case grammatically into the Polish sentence, does not contribute any additional
information and the plural elements carries the meaning of a number of rather
than one element.
(10)
Cafeteria benefits is a Human Resources term for non-cash benefits that form
the overall remuneration package of an Employee. Like in Cafeteria shop an
employee may choose what non-cash benefits the best suit his personal needs. It
is rather an informal term and thus can only appear in letter agreements. For
transparency of meaning of the TT I replaced the term Cafeteria benefits with
wiadczenia niepienine (non-cash benefits).
(11)
Term laptop is a relatively new English word for a portable personal computer. It
has been translated as komputer przenony (portable computer).
(12)
Term annual bonus is translated literally into Polish as premia roczna. However,
it has to be highlighted that term premia roczna is more often referred to in
Poland as trzynastka (thirteen [pay]). Since term trzynastaka is unknown in
English culture and premia roczna meaning is equally transparent to a Polish
reader I have chosen the latter as a safer but equally adequate option.
(13)
Polish word for adjective normal is normalny. However, in reference to working

hours adjective podstawowe (basic) is more appropriate in the TT language.
(14)
9 am and 6 pm are terms originating from Latin meaning before and after noon
respectively. This terminology is not in use in Poland and in addition in the country
operates officially a 24 hour clock. Thus the above was translated as 9 a 18 (9
and 18).
(15)
Lunch is a type of meal that does not have its Polish equivalent. Traditionally, in
Poland there are: breakfast at approx 7 am, second breakfast at 11 am, dinner at
4:30 pm and supper at 7 pm. Even though the word lunch is gradually becoming
recognisable in Polish everyday language, due to the nature of the text I replaced
it by a descriptive phrase popoudniowy posiek (an afternoon meal).
(16)
The translating problem relates to differences in style of writing contracts in

Poland and in England that I presented in point 6.2.2 of the critical commentary of
the translation. Term sickness means stan chorobowy. Single term stan
chorobowy as a contract headline would sound unbiguous to a Polish contract
reader, especially because there is are significant differences in regulations
relating to sickness and sickness absence in Poland and in the United Kingdom.
Since the paragraph refers to sickness absence also known as a sick leave I
have translated the heading as nieobecno w pracy z powodu choroby (sick
leave).
(17)
In English there are two separate words for: retirement (stop working at elderly
age) and pension (income while retired). In Polish there is one word describing
both emerytura. The ST1 paragraph refers to pension thus I added word
wiadczenie (compensation) at front of emerytura so it retain the meaning of the
original word.
(18)
Contracting-out certificate has been translated literally into Polish even though it
is a legal term familiar only to certain English employees. It refers to an option

given to employees to contract out of State Earnings Related Pension Scheme by
joining an appropriate occupational or personal pension scheme. Since the Act it
refers to is provided next to it, it is the target readers responsibility to check
details referring to the certificate.
(19)
Unsound is an archaic adjective that in the context of ST means unhealthy.

Thus, the translation is zachoruje na schorzenie umysowe (will suffer from
mental illness).
(20)
The translating problem relates to differences in style of writing contracts in

Poland and England that I presented in point 6.2.2 of the critical commentary of
the translation. Word poufno is a direct equivalent of confidentiality, yet
standing alone in TT1 it would sound somewhat incomplete. In this translation I
found it necessary to add word zachowanie (preserve) in order to transfer the
original meaning albeit presented in more diplomatic manner in the source
culture.
(21)
Similarly to annotations 16 and 19, the problem here relates to differences in style
between the source and the target text cultures. Since Polish style is more direct
and aims at clearly stating what is required it was necessary to replace word non
with word zakaz (prohibition). This stylistic improvement was necessary in order
to obtain the same legal effect.
(22)
Words customer and client have only one Polish equivalent klient. The
translation into Polish is thus easy. It would be more problematic if the translation
was into English since clients are people and institutions that are bided for the
service they receive by contract/agreement letter, while customers are all other
cases.
(23)
Similarly to annotation 16, 19 and 20 and in accordance to the explanation

presented in point 6.2.2 of the critical commentary of the translation, it was
necessary to add word zasady (rules) before discipline and grievance since
Polish contracts are very explicit in their tone and vocabulary and thus to obtain
the same legal effect in the TT.
(24)
The closest equivalent of the first class post in the United Kingdom is poczta
pioritetowa (priority post) in Poland. Even though it is not entirely the same as
via poczta prioritetowa mail can also be sent overseas, the emphasis in the text
is on the urgency next day delivery, thus poczta prioritetowa the best fulfils the
requirement.
(25)
Severability which allows for some parts of contract only to by annulled does not
have a functional equivalent in Polish legal system. It was thus replaced by a
neutral paraphrase: ROZDZIELNA INTERPRETACJA POSTANOWIE UMOWY
(separate Interpretation of the Contract Provisions [in case of annulment]) that
has the same legal effect as severability.

APPENDIX 4
Terminology Employment Contract
The contract contains legal terminology as well as commercial, human resources
and standard language.
Source Text
Employment contract
Target Text
Umowa o prac
Commencement
Data rozpoczcia
Limited Company
Spk z ograniczon
odpowiedzialnoci
Na podstawie paragrafu
Under section
Job title
Base salary
Tytu subowy
Wynagrodzenie
zasadnicze
Back Translation
Employment contract /
Agreement contract
The date of
commencement
[Private] limited liability
company
(in accordance to) under
section
Job title
Base salary

In the capacity of
Benefits
Compensation
Committee
Na pozycji
wiadczenia
Komisja do spraw
wynagrodze
Cafeteria benefits
Normal hours
wiadczenia nie
pienine
Podatek od wiadcze
niepieninych
Premia roczna w
rodkach pieninych
Wypaty wynagrodzenia
zasadniczego
Podatek pobierany
zaliczkowo
Podstawowe godziny
Holidays
Remuneration
Urlop
Wynagrodzenie
Sickness
Nieobecno [w pracy] z
powodu choroby
Emerytura
Nieobowizkowe skadki
emerytalne
Zawiadczenie o
odczeniu si drog
umowy
Fringe Benefits Tax

Annual Bonus in cash
Regular payroll
Witholding taxes
Pension
Voluntary pension
contribution
Contracting out
certificate
Employment Rights Act
1996
Under Pension Scheme
Act
Confidentiality
Zgodnie z Ustaw o
Systemach
Emerytalnych
Wypowiedzenie
Zapata w miejsce
(zamiast)
Zachowanie poufnoci
Non-competition
Zakaz konkurencji
Customer / Client
Grievance procedure
Klient
Procedura
rozpoznawania skarg /
Postpowanie
zaatwiania skarg
Procedura apelacyjna
Powiadomienie
Rozdzielna interpretacja
postanowie umowy
Termination
Payment in lieu
Appeal procedure
Notice
Severability
Governing law
Prawo waciwe
As / In the capacity of
Benefits
Compensation
Committee /
Remuneration
Committee
Non cash benefits
Non cash benefits tax
Annual Bonus paid by
the way of finance
Base salary pay
Tax taken in advance
Basic hours / Standard
hours
Leave [at work]
Compensation / Pay /
Remuneration
Sick leave / Sickness
absence [at work]
Retirement / Pension
Non mandatory pension
contributions
Contracting out
certificate
According to / Under
Pension Scheme Act
Termination
Payment instead of
To preserve / keep
confidentiality
Non-competition / Ban
on competition
Customer / Client
Grievance recognition
procedure / Grievance
resolution procedure
Appeal procedure
Notice
Separate interpretation
of agreements
(contract) decisions
The approved law /
Governing law

Jurisdiction
Full force and effect
In witness whereof
The term of
employment
Shall be reviewed
Recovery of damages
Injunction
Apply for an injunction
Held to be invalid
Jurysdykcja /
Prawodastwo
Pena moc prawna
W dowd powyszego
Czas trwania
zatrudnienia
Bdzie przedmiotem
analizy
Otrzymanie
odszkodowania
Nakaz sdowy
Ubieganie si o nakaz
sdowy
Uznane za niewane
Jurisdiction
Full legal force
As a proof for the above
The employment period
It will be the subject of
analisis
Recovery of damages
Injunction
Apply for an injunction
Held to be invalid /
Assessed as invalid
Joanna Harrop MA, DPSI (Law) is a qualified English / Polish translator and
interpreter with over 13 years of work experience gained in FTSE 100
organisations in professional commercial and translating capacities. Her
non linguistic qualifications are in International Business Administration
and Human Resources.

A 6

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

A 6

Hochgeladen von

Copyright:

Verfügbare Formate

Transfer of meaning specific to Employment Contracts in

legal translation between two different legal systems.

Joanna J. Rek Harrop

relevance to my translation practice. These points are presented in

2. SOURCE TEXT and TRANSLATORS AGENDA

Joanna J. Rek Harrop

Different languages divide semantic space into different ways that

The Schleiermachers view of translating the ST meaning refers to

Joanna J. Rek Harrop

it is essential that functional equivalence be stated primarily in terms of a

Formal equivalence also known as formal correspondence is advocated

Joanna J. Rek Harrop

4. CONVENTIONALITIES IN LEGAL TEXTS

The use of capital letters is quite misleading to Polish

Joanna J. Rek Harrop

English lawyers use quotation marks and parenthesis in

Table 1. Legal spelling.

section 1 Employment Rights Act 1996. (4)

paragrafu 1 Ustawy o Prawach Pracowniczych 1996. (4)

As proven in table 2 below, the term section can be translated correctly

Back translated into

Joanna J. Rek Harrop

Cut (authopsy / postmortem

Cut (authopsy / postmortem

Rozcicie / Sekcja (zwok)

Cut (authopsy / postmortem

Table 2. Ambiguities of legal language e.g. word section.

Joanna J. Rek Harrop

Joanna J. Rek Harrop

on one occasion I have amended with annotation a source of potential

Employee shall be expected to (ST, 10)

pracownik jest zobowizany (TT, 10)

Joanna J. Rek Harrop

Joanna J. Rek Harrop

Thus, correct understanding of the words presented below is essential to

This document sets out the terms and conditions of employment

Niniejszy dokument przedstawia stosunki i warunki zatrudnienia

This document sets out the terms and conditions of employment

This Agreement contains the entire Agreement between the Parties

Joanna J. Rek Harrop

Niniejsza umowa obejmuje cao umowy zawartej pomidzy jej

This Agreement contains the entire Agreement between the Parties

Hereunder is an archaic English legal word that in the context of the

All communications including notices required to be given

Wszelka komunikacja, wczajc powiadomienia, wymagana na

All communications including notices required to be given under

thereof and therewith

Joanna J. Rek Harrop

termination hereof and therewith the Employee had material

Przez okres dwch lat po wypowiedzeniu niniejszej umowy,

The Employer hereby shall be entitled to apply for an injunction

Pracodawca niniejszym upowaniony jest do ubiegania si o nakaz

The Employer therefore is entitled to apply for an injunction

In addition to the said Base Salary (7)

Dodatkowo do rzeczonego wynagrodzenia zasadniczego (7)

The Modal Verbs:

Joanna J. Rek Harrop

should be understood and translated as a statement that indicates the

No employment with a previous employer shall be counted as

Nie wlicza si okresu przepracowanego dla poprzedniego

No employment with a previous employer is counted as part of the

The Employee shall be entitled to twenty five days holiday (11)

Pracownikowi nalez si dwadziecia pi dni urlopu (11)