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. COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES 28 February 2011 (Amended 1 January 2012) 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. COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES 28 February 2011 (Amended 1 January 2012) 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. COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES 28 February 2011 (Amended 1 January 2012) 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. COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES 28 February 2011 (Amended 1 January 2012) 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 COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES 28 February 2011 (Amended 1 January 2012) 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 COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES 28 February 2011 (Amended 1 January 2012) 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. COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES 28 February 2011 (Amended 1 January 2012) 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. COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES 28 February 2011 2 (Amended 1 January 2012) 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. COLLECTIVE AGREEMENT FOR AUDIOVISUAL TRANSLATION AGENCIES 28 February 2011 (Amended 1 January 2012) 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.
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