Commission based payment

ashgawa

Hi,

I work for a well known furniture manufacturer in the sales department.

Unfortunately due to a change in personal circumstances I am wanting to leave the company.

My problem is that the job is 100% commision based (no basic salary) adn you get paid the commission once the furniture is in the customers home.

A lot of the furniture takes 3 months to make so from me booking a sale it will take approx 10-14 weeks for me to get paid for that sale.

I have spoken to my manager and if I leave they will not pay me my commission for any future deliveries so in essence the last 3 months work will be for no money.

Apparently the only way around this is a go on long term sick and wait for your deliveries to be made and then leave but I don't want to do this due to the general ethics of it.

Can anyone advise me if they have had any experience in things like this and if there is a way around it. sitting at home for 3 months is not something I wold ideally like to do.

Thanks in advance

tea_lover

So is your notice period three months?

ashgawa

Notice period is just a week but because i get paid on my sales being delivered and not when I make them (also no basic or daily salary), I will not see any of the money that I have made over the last 3 months

takman

If that is correct that means that you had to work 3 months before you got your first pay packet?. I'm surprised that many people who are new to the company are happy with that?.


By law they have to pay you NMW so they can't just not pay you for three months work.


If they arn't paying you an hourly wage then simple tell them that you are resigning in three months but you will be doing zero hours work each week, then in those three months you will be paid all your commission.

sangie595

It is entirely possible that this arrangement is unlawful. If you are an employee, an employer can include commission towards the living wage, but they cannot pay less than that. They ate effectively saying that you would work for free if you decide to leave, and that is not lawful.

Your problem is going to be proving that without it costing yippy a fortune in the first place. How much would they owe you? Can you explain how your employment works - do you have a contract, do you work set hours, what about holiday or sick pay etc.?

ashgawa

There is a contract yes but it is very iffy to say the least I think.

We get 22 holidays days per year and the contract states we are to work minimum 45 hours per week.

With regards to sickness they take a % of what commission you earned that month off you each pay you are sick (yes, you literally get charged for being ill)

I looked at my books and I have approx £3000 in commission payments waiting to be delivered which I am sure you can understand i dont want to lose by leaving

ashgawa

With regards to the NMW again its a bit iffy, They guarantee you will earn £1800 per month in sales and if you dont earn this much, eg £1500, they will top you up to £1800 by putting another £300 on your wages.

Only catch is they will take that £300 back off you as soon as your break the £1800 earning bracket again but essentially it is a loan