ALERTS: DISTRIBUTION - CONTRACT - SALESMAN - COMMISSION

Salesman: The French Civil Supreme Court decides the salesman has to be paid although the products delivery failed, due to his employer’s supplier (Loisirs Distributions / Crocs Europe)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. As a professional presenter, the sales representative must be paid for the work he does for his employer's clients. Article L. 7311-3, 4°, of the Labour Code thus stipulates that the contract concluded between the sales representative and his employer must specify "the rate of remuneration" of the broadcaster. It is accepted that this provision requires the sales representative to be remunerated by commissions based on the turnover that his work enables his employer to achieve (D. et N. Ferrier, Droit de la distribution, LexisNexis 8ème éd. 2017, n° 108). The question then arises as to the fact that the right to a commission is generated. In principle, the

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Stéphane Brena, Salesman: The French Civil Supreme Court decides the salesman has to be paid although the products delivery failed, due to his employer’s supplier (Loisirs Distributions / Crocs Europe), 19 December 2018, Concurrences N° 1-2019, Art. N° 89653, www.concurrences.com

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