CASE COMMENTS: DISTRIBUTION - SALES REPRESENTATIVE - INTERPROFESSIONAL COLLECTIVE AGREEMENT - MINIMUM FLAT FEE

Sales representative : The French Supreme Court confirms that sales representatives employed by two separate companies may nevertheless be considered to have been committed exclusively when these companies constitute a single employer (Médias diffusion conseil, Média Plus communication)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Cass. soc. 18 Feb. 2015, Ms X c/ Médias diffusion conseil and Média Plus communication, n° 13-28231 Contracts concluded between suppliers and travellers, sales representatives (VRP) are subject to the rules laid down in Articles L. 7311-1 et seq. of the Labour Code, the mandatory nature of which is hardly in doubt (see L. 7313-4). However, the question of the remuneration of the sales representative is largely left to the parties' agreement. Although the law provides that the commissions due to the sales representative must be paid at least every three months (L. 7113-7), the rate is freely determined by the contract. It is true that the

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Nicolas Éréséo, Sales representative : The French Supreme Court confirms that sales representatives employed by two separate companies may nevertheless be considered to have been committed exclusively when these companies constitute a single employer (Médias diffusion conseil, Média Plus communication), 18 February 2015, Concurrences N° 2-2015, Art. N° 72763, pp. 101-102

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