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quartier général
INSTITUT UNIVERSITAIRE DE TECHNOLOGIE
Feb 19, 2012 20:41
12 yrs ago
1 viewer *
French term

attirer

Non-PRO French to English Law/Patents Human Resources Non-solicitation clause
"Le Client ne devra pas solliciter, offrir un emploi ou un engagement, attirer pour son compte ou celui d’une autre personne ou organisation, des membres du personnel du Prestataire chargés d’exécuter les prestations en vertu du présent contrat, sans le consentement préalable écrit du Prestataire."

In a contract for the maintenance of specialised machinery. This section is headed 'non-solicitation of staff' and is saying that the customer must not try to 'poach' or solicit the service provider's employees who visit the customer's premises to carry out repairs. I'm not sure how to translate 'attirer' in this context.
Proposed translations (English)
4 +2 attract
4 +2 recruit
4 co-opt
4 poach
4 entice
3 head hunt
3 solicit or attempt to solicit
3 seek, for his own benefit or that of another organisation, to engage the services of the Supplier's
Change log

Feb 19, 2012 21:43: Alain Mouchel changed "Field" from "Law/Patents" to "Other" , "Field (specific)" from "Law: Contract(s)" to "General / Conversation / Greetings / Letters" , "Field (write-in)" from "Maintenance Contract" to "General"

Feb 20, 2012 08:20: Charlotte Allen changed "Field" from "Other" to "Law/Patents" , "Field (specific)" from "General / Conversation / Greetings / Letters" to "Law: Contract(s)" , "Field (write-in)" from "General" to "Non-solicitation clause"

Feb 20, 2012 08:41: writeaway changed "Field (specific)" from "Law: Contract(s)" to "Business/Commerce (general)"

Feb 20, 2012 08:54: Susanna Garcia changed "Level" from "PRO" to "Non-PRO"

Feb 20, 2012 09:27: writeaway changed "Field (specific)" from "Business/Commerce (general)" to "Human Resources"

Votes to reclassify question as PRO/non-PRO:

Non-PRO (3): Rob Grayson, SJLD, Susanna Garcia

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Discussion

Nikki Scott-Despaigne Feb 20, 2012:
'Recruit' is wrong as it means take on, engage, employ. "Solicit' would be better, but I had overlooked the fact that it is used right at the start of the sentence. 'Attract' would work perfectly well and is used in this sort of context. It is a less active form of soliciting.
AllegroTrans Feb 19, 2012:
@ Phil Why can't you use it twice?
philgoddard Feb 19, 2012:
You can't use "solicit" because 'solliciter" appears earlier in the sentence. I've suggested "recruit".
Yvonne Gallagher Feb 19, 2012:
also agree that solicit is correct and if you want alternative just use your "poach" or even a literal "attract"
Nikki Scott-Despaigne Feb 19, 2012:
Agree with AT 'solicit'
AllegroTrans Feb 19, 2012:
You have already translated it "solicit" is the standard term here, surely?

Proposed translations

+2
1 hr
Selected

attract

surely the literal term is the best here, just as we speak about 'attraction and retention of employees', the act in question is just that - the fact of 'attracting' - which is not quite the same as 'soliciting'

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Note added at 1 hr (2012-02-19 22:12:52 GMT)
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you might have a look at the 'Code of Ethics' reference, points 4 (g) and (o). HTH

--------------------------------------------------
Note added at 1 hr (2012-02-19 22:13:30 GMT)
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http://sections.asme.org/colorado/ethics.html
Reference:

http://www.i-h-h.com/ihhgruppe_e.html

Peer comment(s):
neutral AllegroTrans : too "mild" and also too vague
12 mins
neutral Yvonne Gallagher : I already suggested this in discussion
1 hr
agree Nikki Scott-Despaigne
2 hrs
agree writeaway : it just means to lure them away. attract work fine imo.
11 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
9 mins

co-opt

I would say.
Peer comment(s):
neutral AllegroTrans : and what about attempting to "co-opt"? - the asker has already answered this with a perfectly good term
26 mins
Something went wrong...
22 mins

head hunt

You could maybe say 'head hunt' in this context.
Peer comment(s):
neutral AllegroTrans : unlikely to be used in a legal document - much too informal
11 mins
neutral B D Finch : Also, far too direct.
21 hrs
Something went wrong...
+2
54 mins

recruit

Solliciter is to solicit or offer employment to; attirer is to give employment to.
Peer comment(s):
agree Mark Hamlen
6 mins
neutral John ANTHONY : No, you can try to "poach" someone, which does not meean you will "recruit"...
49 mins
Poach is slang, and whollly inappropriate here.
neutral AllegroTrans : isn't it more about attempting to recruit, i.e. soliciting?
59 mins
Solliciter = solicit.
agree Clarissa Hull : with AllegroTrans "attempting to recruit"
1 hr
neutral Nikki Scott-Despaigne : "recruit" means the person has been taken on. "Attirer" is a milder form of solliciting
3 hrs
neutral writeaway : with Nikki. it's not recruit.
11 hrs
Something went wrong...
1 hr

poach

That's the term traditionally uised here, when one tries to convince a third party to change jobs...
Peer comment(s):
neutral AllegroTrans : OK in ordinary speech, but not in a formal document
9 mins
Something went wrong...
12 hrs

solicit or attempt to solicit

Why not use the original 'solicit'? I had a look for some examples of employment law contracts and the term solicit seems to occur the most. Also it's less definitive than 'recruit' and implies more of an attempt to recruit.

See, for example this extract from the below link:
'Non-Solicitation of Employees. You also covenant and agree that during the term of your employment with the Company and for twelve (12) months after the termination thereof, regardless of the reason for the employment termination, you will not, directly or indirectly, on your own behalf or on behalf of or in conjunction with any person or legal entity, recruit, solicit, or induce, or attempt to recruit, solicit, or induce, any non-clerical employee of the Company with whom you had personal contact or supervised while performing your Job Duties, to terminate their employment relationship with the Company.'
Reference:

http://www.siop.org/EEI_Conf%20and%20Noncomp.pdf

Peer comment(s):
neutral writeaway : all the terms have to do with soliciting.
43 mins
Something went wrong...
17 hrs

seek, for his own benefit or that of another organisation, to engage the services of the Supplier's

Staff/Personnel
Something went wrong...
22 hrs

entice

This is the word generally used in that context in English. It differs slightly from "solicit" because enticement is less direct. E.g. meeting a current employee of your old firm in the pub and singing the praises of the new firm, then mentioning a tempting vacancy, but without actually suggesting in so many words that the person you are talking to ought to be interested.

www.contractoruk.com/.../move_from_permanent_to_contracting...
"Contracting offers many advantages for the right kind of person. ... you to be flexible, more easily following the best opportunities than a permanent employee can, .... Do not seek to solicit or entice customers or colleagues from your existing ..."

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Note added at 22 hrs (2012-02-20 18:45:06 GMT)
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www.iaccm.com/news/contractingexcellence/?storyid=800
"Non-hire and non-solicit clauses are frequently seen in service agreements (buy & sale side). Accordingly both parties agree not to hire, or entice any employee ..."

skloverworkingwisdom.com/.../with-a-no-poach-agreement-can-i-hir...
"If your “no poach” says that you cannot “solicit,” “lure,” “entice,” or “interfere” with the employer's employee relations, then your “actively” seeking ..."
Something went wrong...
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