Article L7311-1 of the French Labour Code
The provisions of this Code shall apply to travellers, representatives and salesmen, subject to the specific provisions of this Title.
Home | French Legislation Articles | French Labour Code | Legislative part | Part Seven: Provisions specific to certain professions and activities | Book III: Travellers, representatives or salespersons, managers of branches, salaried entrepreneurs associated with a cooperative of activity and employment and workers using an electronic contact platform. | Title I: Travellers, sales representatives and salesmen
The provisions of this Code shall apply to travellers, representatives and salesmen, subject to the specific provisions of this Title.
The provisions of this Title apply to travellers, representatives or exclusive sales representatives, as well as to employees who, in addition to the actual and usual exercise of representation, agree to engage in other activities, whatever their nature, on behalf of one or more of their employers.
A traveller, sales representative or sales representative is any person who: 1° Works for one or more employers; 2° Is in fact exclusively and constantly engaged in the profession of representative; 3° Does not carry out any commercial transactions on his own behalf; 4° Is bound to the employer by undertakings determining : a) The nature of the services or goods offered for sale or purchase; b) The region in…
The provisions of Chapter VII of Title II of Book I of the French Commercial Code relating to disqualifications from exercising a commercial or industrial profession are applicable to travellers, representatives or sales representatives who exercise commercial representation under the conditions of this Title.
Any agreement, the object of which is representation, concluded between a traveller, sales representative or sales representative and an employer is, notwithstanding any express stipulation in the contract or in the absence thereof, a contract of employment.
The absence of clauses prohibiting either the exercise of another profession or the performance of personal commercial transactions may not prevent the application of the provisions of article L. 7313-1.
In the absence of a written contract of employment, any person acting as a representative is presumed to be a traveller, representative or sales representative subject to the special rules of this Title.
Any agreement whose purpose is to prevent the application of the provisions of this Title shall be null and void.
The employment contract may include a trial period of no more than three months.
The employment contract may, for its duration, prohibit the traveller, sales representative or sales agent from representing specific companies or products. Where the employment contract does not contain such a prohibition, it shall contain, unless the parties expressly agree otherwise, a statement of the companies or products that the traveller, sales representative or sales agent already represents and an undertaking not to take on any new representation during the term…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.