Article L7313-7 of the French Labour Code
November 5, 2023
Commissions due to travellers, sales representatives or sales agents are paid at least every three months.
Commissions due to travellers, sales representatives or sales agents are paid at least every three months.
The provisions of articles L. 3253-2 and L. 3253-3, relating to guarantees of remuneration in the context of safeguard, reorganisation or compulsory liquidation proceedings, apply to travellers, representatives or salespersons for remuneration of any kind due in respect of the last ninety days worked.
In the event of termination of the employment contract, the notice period may not be less than : 1° One month during the first year of presence in the company ; 2° Two months during the second year ; 3° Three months thereafter.
The period of notice for a traveller, sales representative or sales representative employed outside France is increased by the normal duration of the return journey when the termination of the contract results in his return to France.
Regardless of the cause and date of termination of the employment contract, the traveller, sales representative or sales representative is entitled, by way of salary, to commissions and discounts on orders not yet transmitted on the date of his departure, but which are the direct result of sample discounts and prices made prior to the expiry of the contract.
Unless a contractual clause is more favourable to the traveller, sales representative or sales representative, the right to commission is assessed on the basis of the normal duration established by custom. A longer period may be used to take account of administrative, technical, commercial or financial constraints specific to the customer. This period may not exceed three years from the date on which the employment contract ended.
In the event of termination of an open-ended employment contract by the employer, in the absence of serious misconduct, the traveller, sales representative or sales representative is entitled to compensation for his personal share of the number and value of customers brought in, created or developed by him. The amount of this customer compensation takes into account any special remuneration granted during the term of the contract for the same…
Customer compensation is payable if the fixed-term employment contract is terminated by the employer before expiry of the term, or if the expired contract is not renewed, and in the absence of serious misconduct.
Customer compensation is not the same as compensation for unfair termination of a permanent employment contract or compensation for early termination of a fixed-term employment contract.
Customer compensation cannot be determined on a flat-rate basis in advance.
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.
