Tuesday, January 18, 2011

Which Stores Have Layaway

FRANCE: French commercial agent? the alternative of VRP

French law firm offers two types of trade intermediary (agent): the commercial agent and the VRP. There are roughly 20,000 agents in France and 166,000 individuals VRP. With the VRP, the company can find an interesting alternative to the commercial agent French

Because this statistical difference? The difference is due to the fact that the VRP - Voyageur representative or representatives Placier Traveller Representative salesman - is much cheaper for the company.

ADVANTAGES OF VRP

First advantage: the compensation for termination.
In French law the indemnity for termination of agency relationship not quantified and is not limited to one year of commissions calculated on the average of the last 5 years as in Italian law.
fact, the law provides for no limit, and frequently French courts recognize the agent compensation equal to 2 or 3 years of commissions (average for the last 3 years) without the French judge has to consider some merit agent.
Instead, for the benefit of customers that must be recognized to the VRP, the French Labour Code stipulates that the allowance is payable only if the VRP has 1 - and 2 of the company increased its turnover ° plus the number of customers, and on this increase.
If any of these conditions is not reached, the VRP is only entitled to a very limited conventional (according to the commissions)



Second advantage: the trial period

The French law on the agency not authorizes the trial period because it provides for any length of relationship always at least one months' notice of termination and compensation.
Instead the status of VRP recognizes the possibility for the parties to provide for a trial period of three months without benefit of customers.



Third advantage means a provision of minimum revenue

The French Court of Cassation long considered impossible to provide for automatic termination of a contract without notice and compensation in case of not reaching a minimum sales volume.
contrast to the VRP is possible to provide a minimum sales clause provided that the minimum is reasonable.



Fourthly reports

Being dependent on the VRP is committed to inform his employer working on its business. The lack of such information may justify dismissal.
Instead, even in the contract, lack information will never justify the breaking of the agency contract without due compensation for termination of contract.



PERO LO STATUTTO VERP PRESENTS SOME OF DISADVANTAGE FOR BUSINESS


1 / A real employee, the VRP is an employee who may be multi-agent or exclusive. As an employer, the company is committed to make payroll - French - once the commission gained, and to pay its contributions to various pension funds French (With the help of the French professional).




The cost of the VRP for the company but does not change over the cost of the commercial, as the commission to be agreed with the VRP must take into account that touches the company to pay contributions:
Example: If you are granted a 10% commission to the agent for the VRP, the commission will gross approximately 6.35 and the total cost 10% for the company: the difference (10 - 6.35) represent the contributions to be withheld and paid.



2 / Interrupting a relationship with a VRP is to respect the French procedure of dismissal with just cause.



3 / A del credere clause is not possible with a VRP, but French law does not provide anything to the commercial agent.



Article L7311-3 of the French Labour Code



Eastern traveler, representative or usher, any person who: 1 Works on behalf of one or more employers; 2 actually performs an exclusive basis and constant occupation Representative, 3 ° Do not make any commercial transaction for his personal account, 4 ° East related to the employer by commitments determining: a) The nature of services or goods offered for sale or purchase b ) The region in which it operates or categories of customers it is to visit c) The rate of pay.

In Italian : You traveling salesman representative, each one:
1 - works on behalf of one or several employers
2 - he is a professional representative in an exclusive and permanent
3 - does not make any commercial transaction in your account
4 - is tied to the employer by the commitments that determine:
a) la natura delle prestazioni di servizio oppure della merce da vendere oppure da comprare
b) la  zona geografica dove esercitare la sua attività oppure le categorie di clientela da visitare
c) la rimunerazione

Article L7313-13

En cas de rupture du contrat de travail à durée indéterminée par l'employeur, en l'absence de faute grave, le voyageur, représentant ou placier a droit à une indemnité pour la part qui lui revient personnellement dans l'importance en nombre et en valeur de la clientèle apportée, créée ou développée par lui.  

In italiano   : Nel caso di rottura all'iniziativa del datore di lavoro del contratto di lavoro a durata indeterminata, senza colpa grave, il VRP a diritto ad un indennità per la parte che li spetta nell'aumento in number and value of the score made, created or developed by him.


Attorney Paul Bonsirven

Tel +33478602703
Fax +33478623559
Cel +33685707202

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