Do I get my commission if I leave?

Stressedtothemax95

So I recently told my new company that I was not liking the job and it wasn't for me. This was the 25.08.17. They told me I could either work my one weeks notice as my contract states or I could carry on until I found a new job, I decided to do the latter even though I'm thinking of changing my mind after this weekend.

In my contract it states from August I would start earning my commission at 1.75% of gross profit, it's paid monthly in arrears, so I wouldn't recieve it until end of September. However hidden away at the back of my contract it states that if you hand your notice in you will not be entitled to comission.

My question is this, because I worked the whole month and than handed my notice in will I be entitled to that commission? And just miss out on any comission I might earn from Septemner till I leave? Or do I miss out on everything? If I've worked my !!! off (which I have) surely I should be entitled for the month I worked before handing my notice in?

I would really like to know as I am currently oncall, yesterday was a complete nightmare and I spent practically the whole day working. (I don't get paid any extra for this) and I can see today being the same, even though tomorrow is bank holiday I will also be working at home. I was up from 6am yesterday, had to drive candidates to a client today at 4.30 and than have to be up at 6.30am again tomorrow. At this point I'm shattered, I'm so stressed that I havent ate and my energy is zero. I don't want to be working my !!! off trying to get cover if I'm not going to recieve the commission for it as I'm not being paid to do all these extra hours.

Could someone advise me? After yesterday I'm about ready to hand in the towel.

Trentenders

You don't have enough time to eat, but you have time to write this?

What does your contract say about it? What does your boss say about it?

TELLIT01

Trentenders wrote: »

You don't have enough time to eat, but you have time to write this?

What does your contract say about it? What does your boss say about it?

Ignore the first totally unhelpful sentance. The rest of the post is relevant. If your contract says your lose the right to the commission if you hand your notice in, that is the bottom line. The fact that you have continued to work beyond the required 1 week notice doesn't change the contract. Given the stress levels you seem to be suffering it might be better simply to cut your losses and leave now.

Stressedtothemax95

Apparently you didn't read my question right. I can't eat because I'm so stressed and it was in regards to yesterday being so busy I forot to eat. Today is a brand new day.

The contrct reads:

You will not be entitled to be paid commission in the event that:
a) You have served notice of your resignation on the company or;
b) the company has served notice on you.

Wether or not you work your period of notice and regardless wether such commission would have been otherwise payable in accordance with this Schedule 1.

If I will not recieve my commission can I refuse to be oncall for the next week. I would have been oncall 3 weekends in a row and generally I'm not happy about it.

Stressedtothemax95

I'm going to tell them I have found a new job and tell them that this week will be my last. I go on holiday the week after, so hopefully I get some responses from jobs in that time. They still owe me 5 days holiday. If worst comes to worst I will do a bit of delivery driving or something until I get a new job. Can't take it no more, especially working and not getting paid for it, it's consuming my life!!!!!

theoretica

Why tell them you have a new job if you haven't? Especially as you may need a reference from them when you do find one.

They know you are leaving sooner or later, so ask straight out about the commission, and on call. If you don't like the answers tell them you have changed your mind and will be leaving after your the week's notice.

[Deleted User]

Perhaps this commission issue was the reason why you are being allowed to stay on until finding another role with the greatest of respect.

Have you been paid over the course of the last 3 months? Even if you get your basic that's got to be less of a worry.

TELLIT01

Don't tell them you have a new job. There is no reason to lie. Simply tell them you are leaving at the end of next week in accordance with your 1 week notice requirement.