Collective Agreement for Audiovisual Translation Agencies

Transcription

COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES
28 February 2011
(Amended 1 January 2012)
1(10)
Parties to the Agreement
Pre-Text Oy, hereinafter the Corporation, and
The Union of Journalists in Finland and
Akava Special Branches /
Translation Industry Professionals KAJ,
hereinafter the Association
Section 1
Scope of Application
This agreement concerns the fees, salaries, terms and conditions of
translation work for domestic television channels by members of the
aforesaid Associations and any of their subordinate associations when
commissioned by the Corporation.
Section 2
Making an Employment Contract
1
A written contract of employment shall be drawn up for time-rate
translators.
The contract of employment shall be considered valid indefinitely unless a
fixed-term contract of employment is permissible under the Employment
Contracts Act (Työsopimuslaki 55/2001).
2
A written framework agreement shall be drawn up with a freelance
translator if similar assignments are to be commissioned from the
translator during a fixed period of time (such as a broadcast season), and
their exact number and schedule cannot be predetermined precisely.
The agreement shall define the translation assignment, the basis for the
fee and the period of time given for completing the tasks.
The terms and conditions for single translation tasks shall be confirmed via
e-mail.
Entry 1 in the Minutes: A programme series shall not be divided between
translators unless necessary by reason of the laboriousness of the
translation or similar reasons, such as short broadcast intervals between
the episodes of the programme.
Entry 2 in the Minutes: The recommended number of subtitle units for
freelance translators is 180 subtitles per day, or 900 subtitles per week.
28 February 2011
2(10)
Section 3
Employee Supervision and Direction
1
During the time of employment the Corporation has the right to employee
supervision and direction. If work results deviate from instructions, the
Corporation has the right to demand any changes it deems necessary.
Entry in the Minutes: When possible, the translator shall have access to
the material six weeks before the first broadcast of the programme.
Similarly, the translator shall return the translation, ready for broadcast,
four weeks before the first broadcast of the programme.
The translator is required to follow the instructions and orders of the
Corporation given by his or her supervisors in order to accomplish his or
her tasks.
2
The translator must not be required to act against good journalistic
practice or to use or change another translator's translation without his or
her permission.
A translator who in such a case refuses must not be pressured or face
other consequences.
3
When necessary, the Corporation shall find and pay for an expert to
assist the translator.
Section 4
Breach of Employment Contract or Framework Agreement
If the Corporation breaches the contract or agreement, it shall be obligated
to fully compensate the losses caused to the translator.
Section 5
Termination of Employment Contract or Framework Agreement
1
The translator shall observe a notice period of 1 month and the
Corporation a notice period of 2 months. A notice of termination must be
delivered in writing.
2
The notice of termination of the contract or agreement, as well as the
warning referred to in Chapter 7, Section 2, Subsection 3 of the
Employment Contracts Act (Työsopimuslaki 55/2001), must be delivered to
the translator in writing.
3
In other cases the Employment Contracts Act (Työsopimuslaki 55/2001)
must be adhered to.
28 February 2011
3(10)
Section 6
Rights of Use and Repeat Broadcasts
1
The Corporation has the right to transfer the right to use a translation
created by the translator to a client.
The right to use a translation comprises six repeat broadcasts after the first
broadcast during a contract period.
Entry in the Minutes: The client shall not have a right to transfer the right of
use any further.
2
Moral rights shall always remain with the translator.
The translator's name shall be shown with the programme in accordance
with proper usage, and the translation must not be changed without the
translator's permission.
4
Any other usage must always be agreed upon with the translator in
advance.
5
After the first broadcast and six repeat broadcasts, the Corporation shall
pay 8% for repeat usage + 1% for Internet usage.
Section 7
Minimum Salaries and Fees
Terms and conditions on minimum salaries and fees are effective from
1 January 2012. The sums specified in this agreement shall be raised by
2.1% in accordance with the increases of 1 November 2012 agreed upon
in the Yhtyneet Collective Agreement. The increases shall become
effective on 1 January 2013.
1
The minimum monthly salary of time-rate translators is 3,044.25 euros and
that of translator-editors 3,366.10 euros. The divisor for calculating an
hourly rate is 157.
2
The fees of freelance translators are as follows:
No less than 1.23 euros per subtitle unit when translating into Finnish and
1.54 euros per subtitle unit when translating from Finnish
43.31 euros / sheet (1,350 characters with spaces) for dubbing, including
processing, character names, voice instructions and time codes
38.86 euros / sheet (1,350 characters with spaces) for narrative text,
including processing.
The translation fee comprises processing the translator's own translation,
normal study of source material, previewing, proofreading and reviewing.
28 February 2011
4(10)
The minimum fee for a translation task is 90.03 euros.
Transcribing
If a freelance translator only transcribes audio into text, the fee is no less
than 50% of the corresponding translation fee.
Time-coding the Translation
a. 19.54 euros per sheet for a dubbed programme (including
the difficulty allowance).
b. 15.09 euros per sheet for a programme with voice-over.
c. 0.50 euros per subtitle unit for a subtitled and time-coded
programme.
Hour-rate Work
Directing dubbing, for which a fee of no less than three hours shall
be paid.
Hour-rate is paid for

standing by for material

standing by during a malfunction

standing by for other reasons agreed upon in
advance

other commissioned work, for which no other
rate has been agreed upon.
The fee for hour-rate work is 20.50 euros per working hour.
For additional work for the Internet (for instance programme information
and web texts related to a series) the Corporation shall pay an hourly rate
(20.50 euros) for an amount of time twice the length of the programme.
For translations assigned to a team the fees shall be raised by 20–50%.
The fee shall be divided between all the members of the team in relation to
their workload in accordance with a decision reached by the team.
3
When determining salaries and fees, personal performance, exceptionally
difficult translations, or time required for the assignment shall be grounds
for increasing the payment.
28 February 2011
5(10)
Section 8
Allowances of Freelance Translators
1
Difficulty Allowance
The fee shall be raised by 30–50% when the translation task has an
unusually high frequency of technical, juridical or scientific terminology,
songs or puns, is in poetic form or in dialect or when the language spoken
in the programme is not the same as in the script or the dialogue list
available.
2
Urgency Allowance (the employer requires the work to be done urgently)
If the weekday limit of 180 subtitle units is exceeded because of, for
example, a tight schedule, an urgency allowance of 50% shall apply to
the subtitles that exceed the limit.
Working time shall begin at the moment when a notification that the
material is accessible has been delivered or when the Corporation has
announced that the programme is ready for preview.
The translator cannot be required to stand by for material in the evening,
at night or during a public holiday or a weekend without a prior agreement
and a separate allowance.
3
Transcription Allowance
When a part of a script or a dialogue list is missing, the fee for the part
missing shall be raised by 30% for transcribing the audio.
When the script or the dialogue list is missing entirely, the fee shall be
raised by 40% for narration texts and 50% for subtitles.
Section 9
Working Time
1
The regular working time of time-rate translators is 37.5 hours per week.
2
An effort shall be made to schedule the regular working time of both timerate and freelance translators between 8am and 6pm.
3
+50% shall be paid for work commissioned by the Corporation to be done
between 6.00pm and 10.00pm.
4
Additional 100% shall be paid for work commissioned by the Corporation
to be done between 10.00pm and 8.00am.
5
If the Corporation requires work on Saturday, the translator's salary or fee
shall be raised by 50% until 6.00pm and by 100% after 6.00pm.
6
Work done on Sunday, a church holiday, Independence Day, May Day,
Easter Saturday or Midsummer Day as well as Midsummer's Eve or
28 February 2011
6(10)
Christmas Eve shall be considered Sunday work, as well as work done
after 6.00pm on New Year's Eve or May Day's Eve.
If the Corporation requires Sunday work from the translator, the salary or
fee shall be raised 100% until 6.00pm and 200% after 6.00pm.
7
When the translator is instructed to work in a manner referred to in
paragraphs 3–6, the time required for the task must be estimated when
the work assignment is given. An allowance shall be paid in accordance
with these paragraphs if work during said times is required and has been
agreed upon in advance.
Section 10
Other Compensations
1
When agreed upon in advance, the Corporation shall compensate fully the
costs necessary for completing work.
2
The Corporation shall pay agreed travelling, accommodation and per diem
allowances for travelling days used for working.
3
If a translator has been invited to a meeting as an expert, and it falls
outside the tasks defined in his or her employment contract, he or she
shall receive an hourly rate (20.50 euros) for no less than two hours.
Section 11
Standby Time
If the Corporation and the translator agree that the translator is required to
stay in his or her apartment or other specified place, where he or she can
be reached in a specified manner and called to work if needed, the
translator shall be considered to be on standby and shall be paid 20.50
euros per hour. If a work assignment is given, standby time shall end and
a salary or fee shall be paid according to what has been agreed.
Section 12
Other Stipulations
1
When so agreed with the Corporation, the translator has the right to use
the necessary office spaces, facilities, delivery systems, equipment and
personnel of the Corporation for an assignment.
If the translator uses his own tools for an assignment, a separate
compensation shall be agreed upon.
3
If an assignment is not completed because of a technical malfunction or
other cause unrelated to the translator, or if work-related material is lost,
impaired or otherwise damaged through no fault of the translator, the
Corporation shall compensate the translator fully for the work that was
28 February 2011
7(10)
completed. In addition, the Corporation shall attempt to provide similar
work till the end of the agreement or contract period.
4
If the translator has been available for the employer in accordance with the
agreement or contract, but could not work for reasons unrelated to the
translator (for instance because of an aborted or a cancelled assignment),
the employer shall be obligated to pay the translator a full fee. When work
is obstructed because of other reasons, Chapter 2, Section 12 of the
Employment Contracts Act (Työsopimuslaki 55/2001) shall apply.
Section 13
Payment of Salaries and Fees
1
Salaries and fees shall be paid once in a month on the payday of the
Corporation.
An overdue fee shall be paid with 5% interest. If the fee is more than a
month overdue, the interest shall be 8%.
2
Fees for repeat broadcasts shall be paid also to anybody who can prove
they have obtained copyrights of the translator via matrimonial rights,
inheritance or legacy.
Section 14
Social Benefits
The translator's retirement benefits and other social benefits are
determined by the applicable acts and provisions.
Section 15
Pay During Illness
From the beginning of employment, the translator shall have a right to full
salary during illness till the ninth day of illness.
If so requested, the translator must produce a medical certificate for illness
exceeding three days.
When employment has lasted over three months without interruption, the
translator shall receive salary for the time he or she has been unable to
work because of illness, but not exceeding 21 days.
Freelancers' daily rate during illness shall be calculated by dividing the
agreed fee by the number of days required for the assignment.
28 February 2011
8(10)
Section 16
Family Leave
The translator's right to family leaves is determined by the health
insurance act (Sairausvakuutuslaki 1224/2004) and the Employment
Contracts Act (Työsopimuslaki 55/2001). The Corporation shall guarantee
the translator of a programme series the possibility of completing the tasks
defined by a valid agreement or contract.
Section 17
Annual Holidays
The right to an annual holiday is determined by the Annual Holidays Act
(Vuosilomalaki 162/2005).
Section 18
Holiday Compensation
A translator who does not have the right to a holiday referred to in Section
3 of the Annual Holidays Act (Vuosilomalaki 162/2005) shall be paid a
holiday compensation of 11%.
Section 19
Insurances
1
The Corporation insures the tools and the software of the Corporation
available for the translator.
2
The translator must be insured during employment, as determined by the
Employment Accidents Insurance Act (Tapaturmavakuutuslaki 608/1948).
3
Concerning other insurances, current laws are observed.
Section 20
Training
1
The translator has a right to participate in training necessitated by
his or her work and organised by the Corporation.
The Corporation is obligated to develop the ability to use technology
and software that work assignments require and to organise special
training, so that the translators' work skills keep pace with
technological developments. The training shall be organised, for
instance, as orientation or teaching. A translator who participates in
training shall be compensated for expenses that are directly related
to the training and agreed upon in advance.
28 February 2011
2
9(10)
If the translator participates in training during employment, he or
she shall receive an hourly rate of 20.50 euros for training time
included in employment.
Section 21
Membership Fees
Membership fees can be withheld from payments and credited to an
Association when so agreed in separate minutes.
Section 22
Shop Steward
Shop steward activities can be agreed upon with an Association in
separate minutes.
Section 23
Settling Disputes
Disputes over the interpretation and any breaches of this agreement must
be negotiated first between a supervisor and a translator or a shop
steward.
If reconciliation is not reached, either party can submit the matter to
arbitration. Both parties shall put forward one member, and the members
shall together select a chairman.
Section 24
Continuous Negotiation Procedure
During the agreement period, the parties can take initiatives concerning
matters and projects that require attention or negotiation. Based on the
initiatives, the parties shall be prepared to consider together the matters in
question and evaluate the kind of action they require.
Section 25
Validity
This agreement shall become effective on 1 March 2011 and continue till
30 September 2013 and one year at a time after that, unless it is
terminated by either party in writing no less than two months before the last
day.
28 February 2011
10(10)
In Helsinki, 28 February 2011
Pre-Text Oy
The Union of Journalists in Finland
Akava Special Branches / Translation Industry Professionals KAJ
NB: Content of the agreement of 28 February 2011 has been amended in accordance with
the terms of Section 7 stipulating future increases of minimum salaries and fees. The sums
have been raised by 2.5% on 1 January 2012 in accordance with the increases of 1 October
2011 agreed upon in the Yhtyneet Collective Agreement. The next increases of 2.1% shall
become effective on 1 January 2013.
Unofficial translation. In case of discrepancies, the Finnish source text shall prevail.

Collective Agreement for Audiovisual Translation Agencies

Transcription

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