A Translation Project Report On Between Rights And Contract:Arbitration Agreements And Non-Compete Covenants As A Hybrid Form Of Employment Law (Excerpts Of Chapters 2-4)

This is a report of translation project of chapter 2 to 4 of BETWEEN RIGHTS AND CONTRACT: ARBITRATION AGREEMENTS AND NON-COMPETE COVENANTS AS A HYBRID FORM OF EMPLOYMENT LAW.The translation materials selected in this report mainly analyze the internal logic of conditionally waivable rights,evaluate the law of non-compete covenants and mandatory arbitration agreements,and extend preliminary thoughts.It concludes that conditionally waivable rights are not only challenges,but also conducive to better implementation of employee rights,which bring flexibility to the public value of employment contract;Secondly,conditionally waivable rights can only partially solve the problem of employment.In today’s increasingly competitive employment market,more ways are needed to meet the employment demand of labor force.At present,many employees are faced with the situation of signing non-compete covenants,and the process of globalization and trade wars in the world develops rapidly.The author chooses this article as the translation raw material based on two reasons: on one side,it can expand the legal knowledge related to labor disputes and provide more or less practical help for employees;on the other side,the author would like to improve the legal literacy and make it easier to translate legal documents in the future.Since the selected material is a legal text,it is necessary to accurately express nomenclatures and convey the original meanings.The author chooses the functional equivalence theory proposed by American linguist Eugene Nida as the translation’s guiding theory,and combines many translation strategies like addition,repetition,conversion and extension,striving to restore the original information to the maximum and realize functional equivalence rather than literal equivalence.Through this translation practice,the author finds that the theory of functional equivalence can be applied to the translation of legal texts and reproduce the rigorous and concise language style of legal texts.The author also realizes that legal translation needs a high degree of rigor and responsibility,and needs to change different translation strategies to accurately convey the original ideas and reproduce the style of the source language.