Hello
I am emoloyed in a salary plus commission sales role for a printer/MFD company. I wish to resign from my role in a few weeks, however I am unsure how commissions are handled upon terminating my employment. On one hand the contract expliciticty states that commission payments are at the employers discretion and don’t form an instrinsic part of the employment contract, and will be forfeited upon resignation or termination. On the other hand we have clearly defined set targets and commission/bonus chart that shows us how much we will be remunerated based on our performance. If I was to resign would the employer be legally entitled to withhold commissions based on the contractual wording, or would I still be entitled to claim based on the fact, that in actuality, commissions was a fundamental aspect of the job? I would coincide getting paid out with resigning but commissions aren’t paid until the following month, obviously to dissuade people for quitting.
Any advice appreciated
Ross
I am emoloyed in a salary plus commission sales role for a printer/MFD company. I wish to resign from my role in a few weeks, however I am unsure how commissions are handled upon terminating my employment. On one hand the contract expliciticty states that commission payments are at the employers discretion and don’t form an instrinsic part of the employment contract, and will be forfeited upon resignation or termination. On the other hand we have clearly defined set targets and commission/bonus chart that shows us how much we will be remunerated based on our performance. If I was to resign would the employer be legally entitled to withhold commissions based on the contractual wording, or would I still be entitled to claim based on the fact, that in actuality, commissions was a fundamental aspect of the job? I would coincide getting paid out with resigning but commissions aren’t paid until the following month, obviously to dissuade people for quitting.
Any advice appreciated
Ross
