assimilé salarié

English translation: assimilated worker

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

French term or phrase:	assimilé salarié
English translation:	assimilated worker
Entered by:	Crystal Samples

09:09 Dec 31, 2010

French to English translations [PRO]
Bus/Financial - Human Resources / ppt on medical advertisin

French term or phrase: assimilé salarié

Le statut juridique de l’assimilé salarié est celui du travailleur indépendant mais rattaché au régime général de la sécurité sociale.

Crystal Samples KudoZ activity Questions: 376 (7 open) (7 without valid answers) (17 closed without grading) Answers: 157 United States
Local time: 13:00

assimilated worker

Explanation:
This is the correct term/translation, certainly within a European legal context.

http://www.urssaf.fr/images/ref_createur-entreprise.pdf

According to the URSAFF (French tax) website link above, an assimilé-salarié is someone who benefits from the régime de sécurité sociale et de retraite des salariés, mais pas de l'assurance chômage et des dispositions du droit de travail.

Its hard to find an equivalent in English, but the EU refer to 'assimilated worker' in a few old cases on their website.

http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celex...

In the absence of any recognised translation, I'd stick with this.

Selected response from:

C G Mckee
France
Local time: 20:00

Grading comment

4 KudoZ points were awarded for this answer

Summary of answers provided

equivalent to waged employee or in a waged position

Drmanu49

3 +1

statutory employee

rkillings

3 +1

assimilated worker

C G Mckee

equivalent remunerated independent contractor

Barbara Cochran, MFA

4 -1

(assimilated) salaried independent worker

Yvonne Gallagher

3 -1

quasi-employee

cc in nyc

3 -2

liz askew

Summary of reference entries provided

personnel salarié ou assimilé / salaried or similar personnel

Aude Sylvain

independent direct seller / independent distributor / independent agent

mohanv

cc in nyc

definition

liz askew

Discussion entries: 10

cc in nyc

@ rkillings

07:56 Jan 3, 2011

Sure; here it is again: <br>
1/ Sorry, I meant "employees of non-military companies..." Here's the text itself: "International law recognizes that United States citizen contractor employees serving with the Armed Forces of the United States in the field have military status.1 These employees also assimilate to the Armed Forces of the United States by operation of modern contract requirements and United States domestic law." <br>
2/ §67.19.15 of the Utah Code describes "Career service -- Exempt positions -- Schedules for civil service positions -- Coverage of career service provisions." They all look like state employment to me. http://le.utah.gov/~code/TITLE67/htm/67_19_001500.htm <br>
And I still think "assimilated" won't work, at least not in AE. :-((

rkillings

United States

07:31 Jan 3, 2011

Try that again, cc. Assimilated contractor status in the US military applies to US citizens who are *as-if* (or assimilated) employees of the military; they are technically employees of the contracting company.
The assimilated employees in Utah probably are state employees who preserve some status in some other system; they are as-if (assimilated) Utah civil servants.
I'm persuading myself that 'assimilated employee' is not such a bad translation of some particular status in France or other francophone country. I might use it myself. We *don't* know that assimilation is required by statute law, although that does seem likely.

cc in nyc

Sorry, rkillings...

06:52 Jan 3, 2011

I don't think that works for Asker's context. Your references are very interesting, and they do include the term "assimilated," but..

Your first reference, Military Law Review, describes a situation where non-military companies assimilate to the Armed Forces of the United States by virtue of their employment by the US military. Perhaps this covers Halliburton in Iraq – though this may have changed during the Bush II administration. But I don't think it covers self-employed workers in Francophone environments (and probably non-military, though we don't really know much about the exact context here).

Your second reference appears to describe civil service workers employed by the state of Utah who transfer from one state agency to another.

rkillings

United States

But 'assimilated' is not so bad either :-)

06:13 Jan 3, 2011

In the US, anyway. The US armed forces have 'assimilated status' for contractors; see
http://www.loc.gov/rr/frd/Military_Law/Military_Law_Review/p...
and the State of Utah's HR rules have a whole section on assimilation of employees; see
http://www.dhrm.utah.gov/policy/hrrules/rules2005/Rule 4.htm

cc in nyc

@ rkillings

05:51 Jan 3, 2011

I think "statutory employee" works quite nicely! Why not post it? It should win the lotto. See http://biztaxlaw.about.com/od/glossarys/a/statutoryemplee.ht... (among others). Here we go; the IRS thinks so too: http://www.irs.gov/businesses/small/article/0,,id=179118,00....

rkillings

United States

If you go in for cultural equivalents …

05:39 Jan 3, 2011

… try "statutory employee" for the US. It's not identical, but it's the same idea: by law, treated as an employee for certain purposes, even if not all of the (in our case, common-law) requirements for an employer-employee relation are not met.

cc in nyc

@ gallagy2

02:31 Jan 2, 2011

Thank you, gallagy2, but I don't see how that fits in this context. I'd be more inclined to use the GDT's "related worker" (for assimilé), but without the antecedent even that is not certain. So...

@ Asker: Can you please give us the sentence or sentences that precede this? Otherwise, we'll just continue to spin our wheels here.

Yvonne Gallagher

Ireland

01:44 Jan 2, 2011

@ CC
assimilated means "integrated, included or made part of" and in my experience, both this side of the pond and the other, is widely used with this meaning

cc in nyc

@ gallagy2

00:14 Jan 2, 2011

My "comment" is out of room, so continued here...

– Yes, "assimlié is used in French; it's the use of "assimilated" in English that I question.
– As for "equivalent," it's not wrong per se, but equivalent to what? I'd like to know... before proposing a translation. See, for instance, how Reverso-Collins and Larousse handle "equivalent"; they relate it back to its antecedent, and that might be appropriate here too. If we had the context, we could consider the options.

cc in nyc

@ Asker

16:04 Dec 31, 2010

Can you tell us please what preceded this sentence? It may affect how assimilé should be translated. Thank you and Happy New Year. :-)

Answers

5 hrs confidence:

equivalent remunerated independent contractor

Explanation:
HTH

Barbara Cochran, MFA
United States
Local time: 14:00
Works in field
Native speaker of:

English
PRO pts in category: 4

4 mins confidence:

equivalent to waged employee or in a waged position

Explanation:
Wages subject to Federal employment taxes include all pay you give an employee for services performed. The pay may be in cash or in other forms. ...
www.missouribusiness.net/.../wages.htm - États-Unis -

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Note added at 6 hrs (2010-12-31 16:02:39 GMT)
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or salaried worker as suggested by Phil.

Drmanu49
France
Local time: 20:00
Works in field
Native speaker of:

English,

French
PRO pts in category: 26

12 hrs confidence:

peer agreement (net): -1

(assimilated) salaried independent worker

Explanation:
I kept "assimiliated" in parentheses as I think this part can be explained in the rest of the sentence, regarding socail security allowances/payments (which seemingly are based on their margins). There also seems to be an ability to defer some payments or pay over 12 months.
Is there a possibility they are self-contracted, i.e. paying themselves a salary from the contract with the employer?

...Alors que les auto-entrepreneurs ont droit au RSA, José, membre de notre association et chef d'entreprise assimilé salarié, nous explique ...
www.actuchomage.org/.../assimile-salarie-et-demande-de-rsa-... -

Assimilé-salarié. Cotisations calculées sur sa rémunération. Non salarié. Cotisations calculées sur l'ensemble de ses revenus non salariés ...
www.apce.com › ... › 7 - Choisir un statut juridique › Les sociétés - Cached - Similar

23 juin 2009 ... Cotisation assedic pour un assimile salarie - La societe ne cotise pas a l'assurance chomage dans le statut proposé qui est assimilé salarié ...
experts-univers.com › ... › Prestations sociales › Chômage - Cached - Similar

File Format: PDF/Adobe Acrobat - Quick View
tant que salarié agricole assimilé. Afin de s'ouvrir droit à ces deux mesures d'accompagnement, ou à l'une d'elles en fonction de la situation du ...
www.msa.fr/.../msafr_1292596519792_DEMANDE_D_EXON_RATION__A...

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Note added at 12 hrs (2010-12-31 21:56:44 GMT)
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proches, la protection complémentaire applicable à l'assimilé salarié lui assure ... soit au régime de sécurité sociale des salariés et assimilés salariés, ...
www.services.itffb.fr/Reprise/pdf/ITfiche42003.pdf - Similar

Quelle différence entre le statut de travailleur "assimilé salarié ... - [ Translate this page ]18 août 2010 ... on est dans le cas de la création d'une société. ... Y'a quelque chose qui cloche. Ou tu es salarié avec une fiche de paye, ou tu es non salarié

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Note added at 12 hrs (2010-12-31 21:59:16 GMT)
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fr.answers.yahoo.com/question/index?qid... - Cached

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Note added at 1 day14 hrs (2011-01-01 23:29:14 GMT)
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I was going to use (salaried) independent contractor but it wasn't clear that these workers are on contract. That's why I left it as "worker" and why not ideal for ghits in English as it seems contradictory. However, it is possible to be salaried and independent. This source text seems to be more about the social security aspects...? The next link is about a similar situation...

...This article reviews the labour situation of independent workers regarding social security coverage in Argentina, Chile and Uruguay. These workers account for approximately 24 per cent of the employed labour force and most of them work in the informal economy. The scope of social protection for independent workers has become a relevant issue in the reform agendas for the social security systems.
average working hours for ACU are similar for salaried and independent workers they conceal significant differences in distribution. ...
www.ilo.org/wcmsp5/groups/public/---ed.../wcms_125981.pdf

Yvonne Gallagher
Ireland
Local time: 19:00
Works in field
Native speaker of:

English
PRO pts in category: 52

2 days 11 hrs confidence:

peer agreement (net): -2

related salaried employee/equivalent salaried employee

Explanation:
based on references in reference box

liz askew
United Kingdom
Local time: 19:00
Native speaker of:

English
PRO pts in category: 12

2 days 19 hrs confidence:

peer agreement (net): -1

quasi-employee

Explanation:
This has been an extremely thought-provoking question... Perhaps a leap out of the box, I think the sense here is: similar (though not equivalent) to the status of an employee. How to render it faithfully in English? Quasi? So I googled "quasi-employee" and found an article entitled "Quasi-employee, quasi-self-employed: more than just a name." Here's an excerpt for your consideration.

"[...] it is highly relevant to investigate under which conditions a person who is 'working for another person' has to be considered as being an employee or as self-employed, in particular in the twilight zone of the employee or the quasi-employee on the one hand and the self-employed or the quasi-self-employed on the other.

"[...] In Dutch law, the approach has been taken of subsuming quasi-employment relationships under the social security regulations by way of putting this type of relationship on a par with the regular employment relationship."

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Note added at 2 days21 hrs (2011-01-03 06:59:19 GMT)
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Even better, statutory employee proposed by rkillings in the Discussion. Here's an IRS reference: http://www.irs.gov/businesses/small/article/0,,id=179118,00....
If this answer is chosen, points should go to rkillings. :-)

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Note added at 2 days21 hrs (2011-01-03 07:08:27 GMT)
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Here's another reference for statutory employee: http://www.wisegeek.com/what-is-a-statutory-employee.htm
However, there is a little problem... Definitions that devolve from IRS regulations are sometimes limited to the specifics of the IRS regulation, without any expansion whatsoever. In this case, that means drivers who distribute beverages (other than milk), full-time life insurance sales agents, individuals who work at home on materials or goods supplied, and certain full-time traveling or city salespersons. Pretty limited and very specific.

Reference: http://igitur-archive.library.uu.nl/law/2005-0907-200720/art...

cc in nyc
Local time: 14:00
Native speaker of: English
PRO pts in category: 36

2 days 22 hrs confidence:

peer agreement (net): +1

statutory employee

Explanation:
Turns out to be a pretty good match (for the US):
"A worker who is treated as an employee for social security and Medicare tax purposes and as self-employed for income tax purposes. The "Statutory employee" box on such a worker's Form W-2 should be marked."
http://www.ez-tax-returns.com/tax_help/tax_glossary6.htm
And here:
http://www.irs.gov/businesses/small/article/0,,id=179118,00....

In a small-business context, assimilé-salarié can be an advantageous status to have. Search on 'assimilé' in the table linked below to see the various cases in which it applies.
http://www.bidasoa-txingudi.com/cuadro_francia03.php?PHPSESS...

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Note added at 2 days23 hrs (2011-01-03 08:14:55 GMT)
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The problem with 'equivalent' is that it's NOT equivalent. That is why there is a qualifier to distinguish this status from 'employee'. Employment taxes (social security etc) apply, but income tax withholding does not. The assimilated employee still files as self-employed, as an independent contractor.

rkillings
United States
Local time: 11:00
Works in field
Native speaker of:

English
PRO pts in category: 31

3 days 7 hrs confidence:

peer agreement (net): +1

assimilated worker

C G Mckee
France
Local time: 20:00
Works in field
Native speaker of:

English
PRO pts in category: 6

Reference comments

38 mins

Reference: personnel salarié ou assimilé / salaried or similar personnel

Reference information:
Il faudrait remanier la phrase mais j'ai trouvé la réf suivante :

En son article 2, il prévoit que « Le personnel salarié ou assimilé, sans domicile ni résidence fixe, employé par les marchands forains...

Article 2 stipulates that: "Salaried or similar personnel of no fixed abode or residence who are employed by fairground stallholders,...

http://www.linguee.com/english-french/search?sourceoverride=... (base de l'ONU)

Aude Sylvain
France
Specializes in field
Native speaker of:

French
PRO pts in category: 4

1 hr peer agreement (net): +1

Reference: independent direct seller / independent distributor / independent agent

Reference information:
http://www.google.co.in/url?sa=t&source=web&cd=1&ved=0CBYQFj...

Law concerning the Status of the Direct seller
Most Multi Level Marketing companies usually do not employ sales persons but conclude contracts of distributorship with independent agents. The agents have the status of independent distributors, as long as they bear responsibility for their own business and have their own decision making power.317 As most of the distributors only work occasionally they were not protected in a proper way. In order to provide more social security for them, a new law has been passed which regulates the status of the distributors. This law of January 27 1993 modifies the Social Security Code (311-3, 20). The distributors keep their status of independent direct sellers. But they achieve a special social status, called "assimilé salarié". The amount of social benefits depends on the trade margin as well as on the commission

mohanv
India
Specializes in field
Native speaker of:

Tamil
PRO pts in category: 10

1 day 14 hrs

Reference

Reference information:
The text is dealing with legal status. Might as well start with the dictionary definitions.

assimilé n. m.
English : related worker
Définition : Personne qui a le statut d'une certaine catégorie de personnel à laquelle elle n'appartient pas en propre.
source: http://www.granddictionnaire.com

assimilé nom masculin
cadres et assimilés : executives and their equivalent
http://www.larousse.com/en/dictionaries/french-english/assim...

assimilé nm
person of equivalent grade
cadres et assimilés : managers and those of equivalent grade
source: http://dictionary.reverso.net/french-english/assimilé

Note that "assimilé" is a relative term ("related," "equivalent to...") and that its meaning is dependent on what it refers to – information that is missing (at least so far) on this thread.

salarié adjectif
[au mois] salaried
[à la semaine] wage-earning
êtes-vous salarié?
a. [non chômeur] are you in paid employment?
b. [non libéral] are you paid a salary?
source: http://www.larousse.com/en/dictionaries/french-english/salar...

salarié n. m.
English : employee
Définintion : Personne qui effectue un travail pour un employeur qui lui verse un salaire à titre de rémunération.
source: http://www.granddictionnaire.com

IMO, "salaried" and "remunerated" are not the best way to translate salarié and fail to distinguish assimilé from its unknown antecedent – which, again IMO, is the whole point of the expression.

cc in nyc
Native speaker of: English
PRO pts in category: 36

2 days 11 hrs

Reference: definition

Reference information:
http://webcache.googleusercontent.com/search?q=cache:46qWt5b...

- Ceux qui exercent leur activité de façon autonome, mais occasionnellement, sans être inscrits au registre du commerce et des sociétés ou au registre spécial des agents commerciaux. Ils sont “assimilés salariés”, c’est-à-dire qu’ils sont considérés comme des salariés pour la sécurité sociale et comme des non-salariés en droit du travail (statut identique à celui des gérants minoritaires de SARL ou des présidents de SA).

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Note added at 2 days11 hrs (2011-01-02 20:46:34 GMT)
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assimilé cadre > management level employee
17 Aug 2004 ... ergo= assimilé cadre are employees that are given ... The first is on a fixed salary/does not punch in/out and is a "cadre" for payroll. ...
www.proz.com/kudoz/french_to.../788229-assimilé_cadre.html - Cached

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Note added at 2 days11 hrs (2011-01-02 20:50:50 GMT)
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see page 10

assimilés = related

http://docs.google.com/viewer?a=v&q=cache:9FZRkEodcuUJ:www.i...

liz askew
United Kingdom
Native speaker of:

English
PRO pts in category: 12

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assimilé salarié

English translation: assimilated worker

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English translation: assimilated worker

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