The Commission Pay Agreement is essential for businesses operating in Austria that compensate employees partly or fully through commission-based structures. This document is typically used when establishing or formalizing performance-based compensation arrangements, particularly in sales-oriented roles or positions where employee compensation is tied to specific measurable outcomes. The agreement must comply with Austrian labor law requirements, including the Austrian Salaried Employees Act (Angestelltengesetz) and relevant provisions of the Commercial Code (Unternehmensgesetzbuch). It should be implemented when there's a need to clearly define commission structures, establish performance metrics, and outline payment terms while ensuring legal compliance and protection for both parties.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and registration details where applicable
2. Background: Brief context of the employment relationship and purpose of the commission agreement
3. Definitions: Key terms used throughout the agreement, including 'Commission', 'Sales', 'Targets', 'Qualifying Revenue', etc.
4. Scope of Employment: Description of the employee's role, responsibilities, and basic employment terms
5. Commission Structure: Detailed explanation of how commissions are calculated, including base rates and any tiered structures
6. Payment Terms: Timing and method of commission payments, including any minimum guaranteed payments
7. Performance Targets: Definition of sales or performance targets that trigger commission payments
8. Reporting and Documentation: Requirements for sales reporting and documentation needed for commission calculations
9. Clawback Provisions: Conditions under which commissions may need to be repaid or withheld
10. Term and Termination: Duration of the agreement and provisions for ending the commission arrangement
11. Governing Law: Specification of Austrian law as the governing law and jurisdiction
1. Non-Competition Clause: Restrictions on working for competitors, used when employee has access to sensitive client or pricing information
2. International Sales: Special provisions for international sales commissions, needed when employee operates across multiple countries
3. Team Performance Bonuses: Additional commission structures for team leadership roles
4. Training and Support: Specific requirements for maintaining product knowledge or sales certifications
5. Client Relationship Management: Special provisions for handling client relationships and customer database management
6. Draw Against Commission: Terms for advance payments against future commissions, if applicable
7. Dispute Resolution: Specific procedures for resolving commission calculation disputes
1. Schedule A - Commission Rates: Detailed breakdown of commission percentages, tiers, and calculation methods
2. Schedule B - Performance Targets: Specific quarterly or annual sales targets and corresponding commission rates
3. Schedule C - Product List: List of products/services and their associated commission rates
4. Schedule D - Territory Definition: Definition of sales territory or customer segments if applicable
5. Schedule E - Reporting Ƶ: Standard forms for sales reporting and commission calculations
6. Appendix 1 - Commission Calculation Examples: Practical examples showing how commissions are calculated in various scenarios
7. Appendix 2 - Documentation Requirements: Detailed list of required documentation for commission claims
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