Glossary entry

Italian term or phrase:

esperimento (in this context)

English translation:

test

Added to glossary by Christine Birch
Jun 30, 2020 16:58
3 yrs ago
35 viewers *
Italian term

esperimento (in this context)

Italian to English Law/Patents Law: Contract(s) Employment
Hi, I'm not sure what 'esperimento' refers to in this context. Does it refer to the 'probationary period' in the sense of a 'trial' for the new employee to go through? 'Experiment' and 'experience' don't seem to work here. Thanks for any ideas.

Pertanto tale clausola, fermo restando la durata massima del periodo di prova stabilita dall’art. 10, L.604/1966 (sei mesi), può ritenersi legittima solo nel caso in cui la particolare complessità delle mansioni di cui sia convenuto l'affidamento al lavoratore renda necessario, ai fini di un valido esperimento e nell'interesse di entrambe le parti, un periodo più lungo di quello ritenuto congruo dalle parti collettive per la normalità dei casi.

I've used 'trial' in my draft below but I'm not happy with it as it sounds like a court trial.

Therefore, subject to the maximum duration of the probationary period laid down by article 10 of Law 604/1966 (six months), this clause may be deemed legitimate only where the particular complexity of the duties agreed for the employee makes it necessary, for the purposes of a valid trial, and in the interests of both parties, to have a longer period than than considered reasonable by the collective parties in the generality of cases.

Discussion

Isabella Nanni Jun 30, 2020:
What if the probationary period is not long enough Whoever is speaking is saying that by law the probationary period cannot be longer than 6 months unless both parties (employer and employee) agree that given the particular duties referring to the job, they need a longer probationary period to test the mutual affinity/employee’s skill.
Barbara Cochran, MFA Jun 30, 2020:
I'd go with "probationary period".
Christine Birch (asker) Jun 30, 2020:
Thanks, Phil. I find it hard to break down these convoluted legal sentences. There doesn't seem an obvious way to do it here! Also, apologies for the typo (should be 'than that' not 'than than' of course. It's a draft!
philgoddard Jun 30, 2020:
I think "trial" is fine - it doesn't just refer to courts. And I think you should break it down into shorter sentences.

Proposed translations

15 mins
Selected

test

It does refer to the trial period of max 6 months. If you think trial could be misleading, maybe test could be a good alternative. The company needs to test the skills of the employee.
Note from asker:
Thank you, Isasbella. Yes, this is a good idea. I like it very much!
Peer comment(s):

neutral philgoddard : I don't feel this is at all appropriate for the context.
28 mins
I think you misunderstood the context and meaning of this abstract. Please refer to my comment in the discussion
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4 KudoZ points awarded for this answer. Comment: "Thanks again, Isabella."
25 mins

Ongoing work-related project

Esperimento in italiano means scientific work search (typically, but not only, in a laboratory) pursuant to a shared project (agreed upon by A and B, or more parties if need be).
In Italian work trial period translates into "periodo di prova" during which any parties of a contract can rescind from it without infringing it. I don't think this suits your query.

However, in the context and topic you are giving (law and patents), it appears to me that the parties [employer(s) and staff hired by said employer(s)] are working towards a project or an objective (esperimento in italiano).

More I can't say.
Good luck.
Peer comment(s):

neutral Isabella Nanni : Judges speak a language of their own and like to use terms in their less used meanings. Esperimento can refer to test people, have experience of people's behavior, which is the use in this context http://www.treccani.it/vocabolario/esperimento/
14 hrs
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39 mins

a valuable testing ground

..with the aim of providing a /as ..



Scioglierei così

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Note added at 4 hrs (2020-06-30 21:18:24 GMT)
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Probationary period served as valuable testing ground.

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Note added at 4 hrs (2020-06-30 21:40:57 GMT)
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In addition i woul suggest:

'without prejudice' rather than 'subject to'
'May be considered' rather than 'deemed..
later on
normally deemed as appropriate ..'
Only if
Entrusted to the employee
Serving as valuable testing ground
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+3
15 hrs

performance

Yes, clearly talking about the periodo di prova, but feel that here we have the sense of "perform, execute" embodied in the verb "esperire" from which the noun "esperimento" derives. To be precise, we are talking about the performance (esperimento) of the periodo di prova, not the periodo di prova itself. That at least is the way I read it.

Bearing this in mind, there are a few options for translating the expression "ai fini di un valido esperimento", such as "to ensure valid/effective performance thereof" or "to ensure its valid/effective performance". I realise that "to ensure" is hardly a literal translation of "ai fini di", but that's the sense, and it flows better
Peer comment(s):

agree martini
4 hrs
thanks!
agree Lisa Jane
1 day 3 hrs
thanks!
agree philgoddard : I see your reasoning, and I think the asker chose the wrong answer.
7 days
cheers Phil; yes, must admit I did wonder about the choice of answer too, although I might just be biased ;)
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1 day 14 hrs

valid work experience

The “periodo di prova” here relates to work experience. The probationary worker has to notch up a period of valid work experience and here it seems the probationary period has been extended beyond six months because of the complex nature of the duties entrusted to the worker – he or she is needs longer than six months to prove that he or she is capable of performing complex tasks.
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