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Glossary entry

Deutsch term or phrase:

Erklärung gegen Schwarzarbeit

Englisch translation:

statement on undeclared labor

Added to glossary by Dr. Andrew Hudson
May 19, 2016 13:38
8 yrs ago
6 viewers *
Deutsch term

Erklärung gegen Schwarzarbeit

Deutsch > Englisch Rechts- und Patentwesen Recht: Verträge Contract work
This phrase appeared among several others as components of an invoice for a tradesman:

"Die Maßgaben für Handwerkerrechnungen (Freistellungserklärung, Erklärung gegen Schwarzarbeit, Bürgschaftsmanagement [Ausführungs- und Gewährleistungsbürgschaften] etc.) sind zwingend zu beachten und umzusetzen.

Is there a standard phrase for this? My best attempt was "statement against undeclared labour", but would welcome suggestions for alternatives.
Proposed translations (Englisch)
4 statement on undeclared labor
4 (AmE + BrE) Anti-Moonlighting Declaration
3 declaration against shadow employment
3 No-tolerance statement on black market labor
3 -1 communication on undeclared work
References
See previous question
Some material in EN (though in translation and/or by non-natives)

Discussion

Maria S. Loose, LL.M. May 20, 2016:
declaration/statement versus communication As I wrote in the explanation field of my answer, this is just one in a series of declarations/statements that an economic operator has to submit when taking part in specific public procurement procedures in Germany. This declaration/statement is about not having been convicted for an infringement of the Gesetz zur Bekämpfung der Schwarzarbeit (law on combatting undeclared labor). Other statements are about having paid social security contributions and taxes, not being a member in a criminal organization etc. This is why "communication" is not correct.

@Phil: it's not a trade union document but a government text explaining which documents have to be submitted by economic operators (in this case "tradesmen" = Handwerker) during the invoicing process.
Björn Vrooman May 20, 2016:
There's another angle to it... ...see:
http://www.bundesfinanzministerium.de/Content/DE/Standardart...

That's more of a "declaration," not having the same legal impact. Would still rule out "communication."
Björn Vrooman May 20, 2016:
"It's nothing to do with the Commission"

Funny, and here I was disagreeing with an answer whose sole reference was an EU document. On a side note: Did you notice that I disagreed after Edith brought up the Commission again in her reply to Maria?

"The EU doesn't have a monopoly on the word"

Never said that. By the way, the UN uses the word in a similar manner:
https://www.unglobalcompact.org/participation/report/cop

"This appears to be a German trade union document..."

If you had read any of the links I provided, you'd know it is not a German trade union document.

"and you can translate Erklärung however you like."

So why not call it "Black Market Manifesto"? As much as I would like to, I cannot follow your line of reasoning here.

"communication on" would serve no purpose, in my opinion (in tender/bidding documents, it's more of an affidavit than any "communication"). I believe there is sufficient ground to dismiss the suggestion. I didn't disagree with any of the other suggestions, although one or two give me pause.

Here's the legal basis for it in 6(d):
http://www.lexsoft.de/cgi-bin/lexsoft/justizportal_nrw.cgi?x...
philgoddard May 20, 2016:
It's nothing to do with the Commission The EU doesn't have a monopoly on the word "communication", Björn and Maria. This appears to be a German trade union document, and you can translate Erklärung however you like.
Björn Vrooman May 19, 2016:
Another two examples: http://www.hwk-dresden.de/Portals/0/pdfs/service/Eigenerklae...

https://www.kmk.org/fileadmin/Dateien/pdf/PresseUndAktuelles...
Björn Vrooman May 19, 2016:
@Andrew Please have a look here:
http://www.austintexas.gov/page/bid-docs

Specifically:
Certification of Non-Suspension or Debarment
Affidavit - Prohibited Activities

What you are signing is, in fact, an affidavit, stating that you have not been convicted of tax evasion by means of concealed employment.
Björn Vrooman May 19, 2016:
Since Phil seems to gloss over that too:
"A Communication is a policy document with no mandatory authority. The Commission takes the initiative of publishing a Communication when it wishes to set out its own thinking on a topical issue. A Communication has no legal effect."
http://ec.europa.eu/civiljustice/glossary/glossary_en.htm#Co...

It'd be nice to know, though, whether this is for a UK or US audience, Andrew?
Björn Vrooman May 19, 2016:
@Andrew Certainly not communication - that refers to "Commission" and was incorrect parsing.

To support Steffen's reference comment:
https://stats.oecd.org/glossary/detail.asp?ID=3559

That's how you'll find it in the EU case files as well:
"Action to combat concealed employment"
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:620...

And p. 223 of the following document advises against the term "undeclared work":
https://www.oecd.org/employment/emp/34846912.pdf

For a German "Eigenerklärung," see:
http://www.bmg.bund.de/fileadmin/dateien/Downloads/A/Ausschr...

Exactly as shown in Steffen's example.

Proposed translations

2 Stunden
Selected

statement on undeclared labor

When taking part in calls for tenders and submitting their invoices, economic operators (in this case "tradesmen") have to submit a statement according to which they have not been convicted of an infringement against the German law on combatting undeclared labor.
(Gesetz zur Bekämpfung der Schwarzarbeit). "Erklärung gegen Schwarzarbeit" is short for "Erklärung im Sinne des Gesetzes zur Bekämpfung der Schwarzarbeit = statement under the law on combatting undeclared labor".

--------------------------------------------------
Note added at 5 days (2016-05-24 14:40:29 GMT) Post-grading
--------------------------------------------------

please read "infringement of the German legislation on combating undeclared labor"
Reference:

http://www.bmg.bund.de/fileadmin/dateien/Downloads/A/Ausschreibungen/Digitale_Medien_2013-2016/Anlage4_Schwarzarbeit.pdf

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4 KudoZ points awarded for this answer. Comment: "Thanks!"
-1
1 Stunde

communication on undeclared work

Peer comment(s):
agree philgoddard : You were first!
1 Stunde
disagree Maria S. Loose, LL.M. : It's not a communication, which is a Commission policy document.
1 Stunde
just tell the Commission that you disagree . How do you know that it's not a Commission document? Asker did not specify.
disagree Björn Vrooman : A "Communication" is a policy document that is not(!) legally binding. This wouldn't make any sense here. Erklärung = Eigenerklärung. It's all right there: The Freistellungserklärung before that refers to liabilities.
2 Stunden
Would anyone bother to have a look at the second suggestion?
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1 Stunde

declaration against shadow employment

https://www.theguardian.com/business/2013/jun/04/uk-shadow-e...

much of the shadow employment in Britain could be blamed on the loss of benefits and tax credits for low-paid workers as they earned more.

http://www.sciencedirect.com/science/article/pii/S1053535710...

According to a dualistic view, shadow employment may follow from two main labour market failures

http://www.iza.org/conference_files/worldb2011/cichocki_s681...

Evidence on whether people in shadow employment are there due to tax evasion reasons or because of
the limited access to formal labour market - is thus far mixed.

--------------------------------------------------
Note added at 1 hr (2016-05-19 15:32:57 GMT)
--------------------------------------------------

I think this can safely be called a declaration.

http://www.mpipriv.de/files/pdf4/Eigenerklaerung_Vordruck_2....
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3 Stunden

(AmE + BrE) Anti-Moonlighting Declaration

I'm prrety sure 'moonlighting' is known as a phrase in the US e.g. the Navy.
Example sentence:

United States Code, Section 1346(b). (d) Chapter II, JAGMAN ... the Navy are covered by reference (b) so long as the alleged malpractice occurred ... during non-duty hours (“moonlighting”).

Reference:

http://www.dict.cc/englisch-deutsch/moonlighting.html

Peer comment(s):
neutral Björn Vrooman : "moonlighting" (US) typically means holding a second job (Navy: secondary, civilian employment) and seems to bear little or no relation to unreported employment (it may be your only job, too). Too risky because of ambivalence, IMO. I like "Anti-", though.
16 Stunden
I was expecting that criticism, except that moonlighting, at least in the UK (the US?) colloquially does not always imply a second job https://en.wikipedia.org/wiki/Unreported_employment
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4 Stunden

No-tolerance statement on black market labor

Straightforward way of phrasing this, in my opinion.
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Reference comments

6 Min.
Reference:

See previous question

Peer comments on this reference comment:
agree Björn Vrooman : Yes, it should be. See discussion entry. //@Wendy Steffen's question was "Is...of any help?" and I believe it is. It's not an answer but a reference that will point the asker into the right direction.
1 Stunde
neutral Wendy Streitparth : I appreciate that this is in the OECD glossary, but it gets precisely 73 ghits on the UK site...
1 Stunde
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21 Stunden
Reference:

Some material in EN (though in translation and/or by non-natives)

Agency services to market Berlin as a location for meetings and conventions in the Great Britain and Northern Ireland markets
Tender for Services – VOL –
Declaration of Suitability in Accordance with §6(3) VOL/A
I/We declare that my/our company
...
is in compliance with the provisions against unreported/undeclared work, illegal temporary hiring practises and abuse of the benefits granted by the Third Code of Social Law (SGB III), the Temporary Employment Act (AÜG), and the Act against Undeclared Work (SchwarzArbG).
https://webcache.googleusercontent.com/search?q=cache:LaPV_G...

EUROPEAN EMPLOYMENT OBSERVATORY
Undeclared Work
(Update of EEO Review: Autumn 2004)
Germany
by Kurt Vogler-Ludwig
...
Alliances against undeclared work
In parallel, a public initiative against undeclared work was started which led to alliances against undeclared work in two sectors, the construction industry and transport business. The treaties were signed by the social partners and the Federal Ministry of Finance. Regional alliances followed the activities at the federal level. They included a general declaration against undeclared work and specific measures to be undertaken by the partners.
http://webcache.googleusercontent.com/search?q=cache:3rNroAQ...

The candidate whose proposal is chosen shall provide the following documents:
...
the declaration relating to the fight against undeclared work (DC6 cerfa form).
http://urbact.eu/sites/default/files/import/corporate/pdf/RC...
[This is from the French - Déclaration relative à la lutte contre le travail dissimulé]

And just for good measure, another nice example of the various declarations that may have to be made:

Eigenerklärung zur Eignung (bei Bewerber-/Bietergemeinschaften von jedem Mitglied vorzulegen)
1. Erklärung zur Zuverlässigkeit
2. Erklärung zu Insolvenzverfahren und Liquidation
3. Erklärung zur Zahlung von Steuern, Abgaben und Beiträgen zur gesetzlichen Sozialversicherung
4. Erklärung zur Mitgliedschaft bei der Berufsgenossenschaft
5. Erklärung zum Gewerberegister
6. Erklärung zur Einhaltung von Sicherheitsvorschriften
7. Erklärung zur Schwarzarbeit
8. Einholung von Erklärungen durch Nachunternehmer
9. Erklärung zum Wettbewerb
http://www.koeln-bonn-airport.de/uploads/tx_download/Eigener...
Peer comments on this reference comment:
agree Björn Vrooman : Another one: http://www.labourlawnetwork.eu/national_labour_law/national_... Still not warming up to "undeclared," as it doesn't have the same ring to it as "tax evasion."
33 Min.
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