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Commission Only Contract

Commission Only Contract Template for England and Wales

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Key Requirements PROMPT example:

Commission Only Contract

"I need a Commission Only Contract for hiring a sales representative in the real estate sector, with a tiered commission structure starting at 5% for properties under £500,000 and increasing to 8% for luxury properties, to commence from March 2025."

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Document background
The Commission Only Contract serves as a fundamental document for businesses operating in England and Wales who wish to engage individuals purely on a commission basis. This agreement is particularly valuable when organizations want to create a performance-driven sales environment without fixed salary commitments. The contract defines commission structures, payment terms, performance expectations, and compliance requirements while protecting both parties' interests. It's essential to ensure the agreement aligns with relevant legislation, including the Employment Rights Act 1996 and National Minimum Wage regulations.
Suggested Sections

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the commission arrangement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of appointment and scope of services

5. Commission Structure: Detailed explanation of commission calculations and rates

6. Payment Terms: Timeline and method of commission payments

7. Obligations: Duties and responsibilities of both parties

8. Term and Termination: Duration and termination provisions

Optional Sections

1. Non-Compete: Restrictions on competing activities - use when protecting business interests is crucial

2. Territory: Geographical scope of authority - use when agent operates in specific regions

3. Performance Targets: Specific goals and metrics - use when minimum performance standards are required

4. Training Requirements: Required training or qualifications - use when specific skills or certifications are needed

Suggested Schedules

1. Commission Rates Schedule: Detailed breakdown of commission rates and tiers

2. Territory Map: Visual representation of geographical coverage

3. Product List: List of products/services covered by the agreement

4. Performance Metrics: Detailed KPIs and measurement criteria

5. Commission Calculation Examples: Practical examples of commission calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























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Industries

Employment Rights Act 1996: Core employment legislation covering worker status, minimum rights, National Minimum Wage implications, and protection against unlawful deductions from wages

National Minimum Wage Act 1998: Legislation ensuring commission structure compliance with minimum wage requirements and establishing record-keeping obligations for wage calculations

Working Time Regulations 1998: Regulations governing holiday pay calculations for commission-based workers and mandatory rest break requirements

Agency Workers Regulations 2010: Legislation protecting agency workers' rights and determining their classification status in commission-based arrangements

Equality Act 2010: Anti-discrimination legislation ensuring commission structures and terms are non-discriminatory and providing protection in employment terms and conditions

Commercial Agents Regulations 1993: Regulations governing commercial agents' rights, including post-termination commission rights and compensation/indemnity provisions for goods sales

HMRC Guidelines: Tax authority guidance on commission payment treatment and employment status considerations for tax purposes

GDPR and Data Protection Act 2018: Data protection legislation governing the handling of personal data and commission calculation records

Contract Law Principles: Common law principles ensuring contract validity, including clarity of terms, consideration, and intention to create legal relations

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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