Desvio de Função

English translation: deviation from agreed role/position

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:Desvio de Função
English translation:deviation from agreed role/position

10:56 Oct 16, 2014
    The asker opted for community grading. The question was closed on 2014-10-19 12:54:09 based on peer agreement (or, if there were too few peer comments, asker preference.)


Portuguese to English translations [PRO]
Law/Patents - Law (general) / Labor Law
Portuguese term or phrase: Desvio de Função
What words does one use to describe the situation when an employee performs duties which are not covered by his job description, which is deemed illegal on the employer's side?
David Alexandre
Brazil
Local time: 16:12
deviation from agreed role/position
Explanation:
http://www.eurofound.europa.eu/eiro/2000/04/feature/se000414...

Sugestão. Não encontrei correspondência exacta.
Selected response from:

Ana Vozone
Local time: 20:12
Grading comment
Obrigado.
4 KudoZ points were awarded for this answer



Summary of answers provided
5function deviation
Guilherme R Basilio
3 +1deviation from agreed role/position
Ana Vozone
4 -1incompatible conduct/behavior (with the job description)
Teresa Cristina Felix de Sousa


Discussion entries: 20





  

Answers


22 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
desvio de função
deviation from agreed role/position


Explanation:
http://www.eurofound.europa.eu/eiro/2000/04/feature/se000414...

Sugestão. Não encontrei correspondência exacta.

Ana Vozone
Local time: 20:12
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 301
Grading comment
Obrigado.
Notes to answerer
Asker: Também não achei nada consagrado, Ana, mas a sua solução é perfeita, já que não deixa dúvidas. Obrigado!


Peer comments on this answer (and responses from the answerer)
agree  Danik 2014
29 mins
  -> Muito obrigada, Danik!
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1 hr   confidence: Answerer confidence 5/5
desvio de função
function deviation


Explanation:
The anwers/comments as of now are from European Portuguese colleagues.
In the strict Brazilian Labour Law system, "function deviation" (that's how I've been translating over the years) has different conotations than those from English speaking countries as well as non-Brazilian Portuguese speaking.
In your question, you say it is illegal, however, IMHO, it is first and foremost a breach of the labour contract that may become not properly illegal but reason for the application of the quasi-never used art. 483 of CLT (Consolidation of Brazilian Labour Laws). Formally illegal, only in the case of art. 483, a, viz, "forem exigidos serviços (...) defesos por lei (...)" ([the employer demands tasks that are (...) forbidden by the law (...)]).
Finally, it might be directly illegal only in the case of Public Workers, who are ruled by a different law.

Example sentence(s):
  • An employee hired as "driver" being regularly requested to load/unload the vehicle would contitute function deviation. Nevertheless, this would not apply to a "chauffeur" carrying his/her employer's luggage or shopping bags into the house.
Guilherme R Basilio
Brazil
Local time: 16:12
Works in field
Native speaker of: Native in PortuguesePortuguese
Notes to answerer
Asker: Thank you very much; however, that is not very relevant in the context with which I'm working. I prefer Ana's suggestion, as it leaves no room for misinterpretation. Thanks anyway,

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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
desvio de função
incompatible conduct/behavior (with the job description)


Explanation:
Sugestão pelo que entendi do contexto

Teresa Cristina Felix de Sousa
Brazil
Local time: 16:12
Native speaker of: Portuguese

Peer comments on this answer (and responses from the answerer)
disagree  Guilherme R Basilio: conduct/behaviour conveys an action from the employee, while desvio de função is a strict employer demand. "Pete is in "desvio de função" means the employer demanded he did that, NOT the Pete (the employee) is doing it by his own decision."
7 mins
  -> I do not think so. Desvio de função involve both parties.
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