Commission only job

*Cherub*

I currently work for a company earning commission only for taking baby photos in hospitals. Parents have the choice to buy there and then or buy online a a later date.
I have handed in my notice and asked what happens to my commission if a customer buys online after I have left the company. I asked if I still get paid my commission? My employer said I get paid up to an including my leaving date and after that I won't get the commission I have earned.
Is this correct? Shouldn't I still get paid for any sales as I put the work in, I took the photographs.

googler

How can they pay you when you're no longer under contract to them?

Tiddlywinks

What does your contract say?

Presumably the photos are available for purchase for a set time after they are taken... but how would you know what had been purchased once you've left?

GothicStirling

Who owns the copyright on the photographs, you or the company?

This is part of the reason why I don't work for commission only, my job has set rate of £7.04 an hour and I receive 3% on sales. They are a big heritage organisation, and basically if I don't do the sale at the door, but the customer then decides at admissions to take the membership, I lose my 3%, even though it was me who did the sale. Which is why I won't work on commission only.

*Cherub*

My contract doesn't say anything about this, but the company hasn't been sticking to what they have stated in my contract anyway. They say I am home based, which means they should pay me for travel to and from work. When I have looked at my hours and worked out what i have been paid p/h each month it doesn't cover travel and works out at under NMW. I spoke with HR and they weren't even aware that this is stated in my contract. Its also taken them over 5 months to come back to me with an answer about my wage being below NMW. Because of this I don't trust them and want to know my rights on everything.
Usually I get approx 10% commission on all photo products sold whether it is bought on the spot or bought 6 months later.

googler

Why should they pay your travel?

Surely a 'commission only' basis carries a risk that the commission will end up below an arbitrary level such as NMW, along with opportunity that if things go really well, you could exceed this level significantly.

Are they employing you, or are you an independent contractor?

*Cherub*

HMRC states that no matter what you're job you should be paid NMW. If you work on a commission only contract and your earnings are below NMW the company should top up your wage to meet the minimum legal requirement.
HMRC also say that if your contract states that you are 'Home based' you should be paid travel to and from your place(s) of work. If your contract states that you are based at a particular workplace then you are paid when you are at your place of work.

googler

Does your contract define you as an employee or a contractor?

*Cherub*

Im classed as an employee