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Is end client responsible for end translators not getting paid from agency?
Thread poster: Vladimir Konoplitsky
Thomas T. Frost
Thomas T. Frost  Identity Verified
Portugal
Local time: 16:58
Danish to English
+ ...
What they will care about Nov 20, 2017

Lingua 5B wrote:

… they won't bother investigating such a thing as a subcontractor of a subcontractor having failed to be paid (a small individual), they won't care really.


I fail to see how one can possibly generalise about this. It depends entirely on company policy, management, the attitude of staff, etc.

What I think most such companies will care about is being troubled by subcontractors at the end of the chain because the company's subcontractor is being dishonest. They most likely subcontract because they don't want to be bothered by the nitty-gritty details, so if they are contacted by someone who hasn't been paid, they may well tell their subcontractor to get it sorted out ASAP, or they'll look for another subcontractor – and they may do that anyway.

While they are unlikely to pay the translator directly, as they have already paid their subcontractor, such a contact may or may not result in payment to the translator by the subcontractor.

A high-profile company may also worry about being exposed in the press for using services from people who aren't paid. Once something like this is in the press, it doesn't matter if there is a contract between the translator and the end client or not, as it is the end client's image that may take a hit.

I think it's difficult to say in general whether or not the translator should contact the end client. I would look at each case.


 
Vladimir Konoplitsky
Vladimir Konoplitsky  Identity Verified
Belarus
Local time: 19:58
English to Russian
+ ...
TOPIC STARTER
Thank you Nov 21, 2017

Thank you very much for all your opinions. These are valuable thoughts for us!

I personally fully share your views on ethical side of the situation. On other hand, sometimes it feels that such cases are about staying a hostage of your own principles when the game itself went beyond the rules.


 
kd42
kd42
Estonia
Local time: 18:58
English to Russian
A couple of remarks Dec 8, 2017

I was in such a situation a couple of times, the end client was always a very famous company. I threatened the agency that I would contact the end client and/or publish the information. It worked immediately.

You cannot say you are a mature freelance translator if you have not been cheated of your pay once.

I disagree with the people who say that the end client is not responsible for payment. Most likely, the end client is ISO certified, or has some other quality manage
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I was in such a situation a couple of times, the end client was always a very famous company. I threatened the agency that I would contact the end client and/or publish the information. It worked immediately.

You cannot say you are a mature freelance translator if you have not been cheated of your pay once.

I disagree with the people who say that the end client is not responsible for payment. Most likely, the end client is ISO certified, or has some other quality management system in place. He must also comply with national and international law. Both ISO and laws prohibit child labour, slave labour, (which is?) non-payment to subcontractors, and a myriad other things. I know that the requirements are often ignored, but with a very little effort you can put a lot of pressure upon the end client who will press the dishonest agency really hard. I'd play along the following lines – "If you think that you are powerless, remember that each of your pubic hairs can shut down a huge, successful restaurant". I would find and (ab)use a regulation which entail draconian punishment to the end client and/or the agency for not paying to you.

It is not wise to work for anyone at all for a year without getting paid regularly.

If they don’t pay you anyway, consider it a training course. Your rat detection skills are now level 80. A good investment for a freelancer.
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Is end client responsible for end translators not getting paid from agency?







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