How to handle an assignment cancelation.

July 5, 2022 § Leave a comment

Dear Colleagues,

Interpreting is subject to many external factors that can affect the event to be interpreted. Rescheduling and cancelations are not uncommon. Natural disasters, political crises, financial problems, participants’ illness, transportation issues, and even a pandemic can postpone or scratch a conference, a filed motion, a plea agreement, or a dismissal can continue or cancel a court hearing, and technical issues can interrupt, postpone, or cancel any remote event or RSI interpretation.

Most interpreters, and many clients, understand that interpreters sell their time, and the professional-personal nature of the service makes it impossible for an interpreter to work two assignments at the same time. Because postponements and cancelations are common, and this understanding of how interpreters work and generate income is widely known, practically all interpretation agreements have a cancelation clause.

Unfortunately, there is no cancelation policy uniformity. Most interpreters, and their clients, understand that interpreters must be compensated for a last-minute cancelation, fewer agree this compensation should cover more than last-minute changes.

Because interpreters need to prepare for an assignment, a cancelation impacts interpreters beyond missing a day of work; an interpretation quoted fee represents more than the 3 days of interpreting during the conference or trial, it includes the compensation for the time an interpreter devotes to research, study, planning, and practice for the event. The compensation amount must be linked to the time already spent on the assignment. Complex cases require more preparation, so the compensation must reflect it. Let’s see: A three-day technical, scientific, or specialized conference canceled four weeks before the scheduled start should command higher compensation than a routinary three-day conference, on the same topic, held every year. On the first case a fair compensation could be eighty percent of the agreed fee. Compensation for the second conference, with the same advanced notice, could be fifty percent of the originally agreed fee. Cancelation of a scheduled interpretation received by the interpreter over eight weeks before the event should carry no monetary compensation unless the subject of the conference caused interpreters to begin preparations before that date.

In all cases, the client needs to reimburse the interpreter for all disbursed expenses to the notice of cancelation. This includes airplane or train tickets, hotels, car rentals. Immunizations, Covid tests, photocopies, printing of materials, long distance phone calls, etc.

The situation is more complicated when clients, in good faith, because they want to keep the professional relationship with the interpreter, send a notice of cancelation of the event, and send notice of another assignment for the same dates of the now cancelled event. Under this scenario, clients expect interpreters to cover assignment two on the same terms they were originally retained to interpret assignment one. Clients believe they have protected the interpreter because no work day was eliminated. Many interpreters think the same way.

That is not the case: Although the interpreter will work on the same dates and will make the same money he was expecting from interpreting assignment one, the interpreter needs to prepare for assignment two, a different conference requiring research, study, planning, and practice. The originally quoted fee included preparation for that assignment. Using the same fee for assignment two would mean that the interpreter will now research, study, plan, and practice with no compensation. This is unacceptable.

Interpreters need to understand that the original agreement, the meeting of the minds on services and fees, ended with the notice of cancelation. Even though the client has proposed a different job for the same dates, the interpreters are entitled to compensation for their preparation for the original conference and to reimbursement of expenses. The client has now made a new offer for a different assignment, and fees must be negotiated from the beginning. Once the interpreters assess the complexity of assignment number two, they can quote a fee for that interpretation. The fee should factor in there were no vacated dates from the first assignment, but it has to include preparation tasks for the new event. Once the parties agree, there will be a new interpreting services contract for the second assignment. If the interpreter is hired for the second conference, an adjustment to the cancelation fee for the original contract reflecting there were no vacated dates is appropriate. The goal is to be compensated for all work performed inside and outside of the booth (or virtual booth) and to respect the client by negotiating in good faith and only charging for professional services rendered.

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