Standard 110: Payment to outsourced translators

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  • [Standards] Standard 110: Payment to outsourced translators

    This standard is meant to prevent exploitation of translators but also guarantee the rights of outsourcers.

    Outsourcer shall take all precautions to prevent and avoid errors in translation or otherwise mitigate the impact of such errors, such precautions including, inter alia, testing the translator before the commissioning of the task and the stipulation of a daily progress report from the translator.
    The daily report shall include all work done on a given day by the translator.
    • If the report shows serious mistakes in translation, the outsourcer may instruct the translator to apply an immediate corrective measure.
    • If the translator is deemed unable to correct the translation or if the errors are too dangerous to be delivered to the end-client, the outsorcer shall:
      • Order the translator to stop forthwith all translation activities on the given task
      • Pay the translator the full amount of the work
      • Procure other translators' services for the same job
    • If the outsourcer does not ask for a daily report, then this shall be construed as an implied agreement to the work of the translator. By no means shall the outsourcer fail to pay the translator at the end of the job under the pretext that the devlivered work is of bad quality, except:
      • if the delivered work failed to comply with clear instructions given by the outsourcer
      • if the delviered work is proven beyond any doubt to have contained substantial errors in grammar and spelling making the whole work useless
      • if the work is proven to have been subcontracted to third parties without the outsourcer's agreement.
    • Under all circumstances, the outsourcer has the burden of proof to prove translators' default.
    If the outsourcer takes the translated files from the translator and sends them to the customer, then this shall be construed as full acceptance by the outsourcer of the quality of the work done. With this effect, the outsourcer may not claim damages or lost labor under the pretext that the translator's work has been so flawed that it caused the end-user or customer to cease all business transactions with the outsourcer.

    A translator is entitled to no less than 50% of the payment of his work if it is proven beyond any doubt that his work lacked the basic quality required for acceptance by clients, provided that the briefing and daily reporting practices are fully observed by both the outsourcer and translator.

    If there was no agreement between the outsorcer and translator on the above terms and conditions, the dispute between the two parties as far as the payment amount and method shall be referred to an arbiter or to court.

    The corrective measure shall be a rule of thumb applied at all times to the transactions between the outsourcer and translator.
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