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Recently I have received an job offer, but in contract (under the salary) exists the following statement

Die Abtretung und Verpfändung von Vergütungsansprüchen ist ausgeschlossen.

Do I understand it right and it says something like "You are not able to discuss/negotiate your salary till the end of contract"?

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    How do you arrive at that translation?
    – DonHolgo
    Mar 21, 2023 at 18:15
  • I didn't arrive at anything, but asking for help to find right destination of my translation journey
    – Makc
    Mar 21, 2023 at 18:22
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    This seems to be a translation request, and those are considered off-topic for the site. Have you tried Google translate, or looking up the individual words in a dictionary? (Note: Vergütungsansprüchen is from a compound of Vergütung & Anspruch, and ausgeschlossen is an inflection of ausschließen.) Anyway, this seems to be legalese so you might want to consult a professional if you're really concerned.
    – RDBury
    Mar 21, 2023 at 19:03
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    You need to consult a lawyer or a translator, but this probably isn't about negotiating your salary - it's about how you can't re-dedicate your salary to go somewhere else (e.g. if you were ordered pay child support). Your employer doesn't want the hassle of arranging your salary to be handled differently. Mar 21, 2023 at 19:23
  • You can google the clause (and then maybe use machine translation), it's not unusual. I wouldn't worry about it.
    – Carsten S
    Mar 22, 2023 at 0:29

1 Answer 1

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First, this is in no way legal advice. I'm not a lawyer, I don't even play one on TV ;) I'd strongly advise you to consult a legal professional from the field in question, probably Arbeitsrecht or something similar. And yes, that might very well mean that you'll have to hire and pay a lawyer ;) If you decide to go about the contract with just what I'm explaining here, you're completely on your own. But I think it's warranted to explain some general terms in a very broad-stroke manner.

First, "abtreten" in this context means something like to transfer a claim to somebody else. Let's say you owe money to Alice, but Bob owes money to you. Then you could, if everyone involved agrees, "abtreten" your "Forderungen" against Bob to Alice. Then, Bob would owe the money to Alice directly. In a sentence, this could look similar to the following:

Ich trete meinen Anspruch auf Zahlung von 100 € gegen Bob an Alice ab.
I assign my claim of payment of 100 € against Bob to Alice.

"Verpfänden" in this context means to put up something as a pledge, a collateral, a security. Let's say you're taking out a loan. Then you need to name a collateral. If you can't (or won't) pay back the loan on time, the lender gets the collateral. In a sentence, this could look similar to the following:

Als Sicherheit für den Kredit hat Eve ihre Anteile an der Firma verpfändet.
As a collateral for the credit, Eve pawned her shares of the company.

And finally, "Vergütungsanspruch" basically means the claim of remuneration that you would have against your prospective employer - even more basically, your pay from the contract.

So,

Die Abtretung und Verpfändung von Vergütungsansprüchen ist ausgeschlossen.

means something like you can't sign over your claims of remuneration from this contract to somebody else, and you can't pawn those claims as a pledge / collateral / security.

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    According to this source probandt.com/… such a clause is no longer effective in work contracts closed after October 2021.
    – RHa
    Mar 22, 2023 at 7:32
  • Thank you very much, Henning and RHa, it was really helpful 👍
    – Makc
    Mar 22, 2023 at 7:56
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    This phrase at least used to be fairly common in work contracts. Essentially it means that employee Bob can't tell their employer to pay a part of their salary to Alice thus trying to involve Bobs employer into some issue between Alice and Bob. It doesn't restrict Bob in any way after the money arrived in his account so in general it is not something one needs to worry about.
    – quarague
    Mar 23, 2023 at 14:25

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