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Coronavirus JRS - Commissions

Translation of Guidance required

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"Employers can claim for regular payments they are obliged to pay their employees. This includes compulsory commission, as well as fees and past overtime. However, discretionary commission should be excluded, as well as discretionary bonuses (including tips) and non-cash payments."

A company has three salesmen who get paid commissions on their sales.  Is that a "compulsory commission" ?  The commissions are substantial - in excess of their regular salaries in two cases.  I thought no, but now I'm not so certain.

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By carnmores
20th Apr 2020 18:27

you've probably seen this

Commission-based pay is often mandatory if it is part of a contract for employment to a company, and these payouts are necessary to support the other lower salary or if the worker only receives commissions instead of payment through other income. Discretionary commissions can also occur if there is no contract in employment with the company.

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By carnmores
20th Apr 2020 18:29

so is there a contract basically

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Replying to carnmores:
RLI
By lionofludesch
20th Apr 2020 18:39

carnmores wrote:

so is there a contract basically

Too late to check today but I think there will be because the compny is well organised. What it actually says is a different matter.

The director wants to give these employees an average of the last three months' commission and round it up a bit. But, assuming he can pay commissions, I think I need to look at average pay for April to February. Rounding up - not going to happen. Or at least, not in a JRS sense.

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