Do I get commission if I quit?

Sales commissions law

As was studied in our editorial “How to settle an employment contract”, upon termination of an employment contract, the employer must settle the employment contract up to the day on which the employee renders his services, regardless of whether it is a fixed term contract, an indefinite term contract, a contract for work or labor, or whether it was terminated with or without just cause.

Regarding the above, the first thing that must be taken into account is that article 127 of the Substantive Labor Code -CST- establishes that not only the ordinary, fixed or variable remuneration constitutes salary, but everything that the worker receives in cash or in kind as direct consideration for the service, whatever the form or denomination adopted. This article mentions a series of concepts, among which are commissions; therefore, as a first step, they constitute salary.

In addition to the foregoing, the Ministry of Labor brings to mention, through the concept mentioned above, the provisions of the Supreme Court of Justice through the judgment of June 30, 1970, which states that:

Sample employment contract by commission

By virtue of the employment relationship, the employee renders a subordinate personal service to the employer by means of the payment of a salary. That is to say, the labor relationship is a legal bond that exists between the employer and the employee, the essential element of which is the subordination of the employee to the employer.

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At any time during the labor relationship an employee may decide not to continue rendering services to the employer for various reasons, some of which are provided by law and are known as causes for termination of the labor relationship, in which case the employee may rescind, resign or terminate the labor relationship without liability, when the employer incurs in any of the conducts provided by the Federal Labor Law.

Likewise, the employee may decide to terminate the labor relationship with the employer for very diverse reasons, which may be of a personal nature, for having received another job offer in accordance with his economic needs, tastes and interests, or for not feeling comfortable in his job, among others. When one or more of these circumstances arise, the employee has the right to express his or her free will to resign.

Types of working committees

4.1. Can I be forced to resign? No, resignation is a voluntary and unilateral act of the employee. If I do not resign, I will not be paid. What should I do if I do not resign? You should not resign but consult a professional about the actions to be taken in order to protect your rights. For this purpose, you can go to the corresponding DELEGATION and REGIONAL SUB-DELEGATION OF LABOR AND EMPLOYMENT, where through the Free Legal Advice and Support service, the agency’s lawyers will draft the Labor Telegrams to be sent.4.3. In the event of resignation, no severance payment is due, but rather the payment of wages for the period worked, vacations and proportional Christmas bonus.

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7.3. How long does the Social Security coverage last? The Social Security covers up to 3 months after the termination of the labor relationship, and covers all the benefits of the Mandatory Medical Program (PMO).

You can lower my commissions

By virtue of the labor relationship, the employee renders a subordinate personal service to the employer through the payment of a salary. That is, the labor relationship is a legal bond that exists between the employer and the employee, which has as an essential element the subordination that the employee has with respect to the employer.

At any time during the labor relationship an employee may decide not to continue rendering services to the employer for various reasons, some of which are provided by law and are known as causes for termination of the labor relationship, in which case the employee may rescind, resign or terminate the labor relationship without liability, when the employer incurs in any of the conducts provided by the Federal Labor Law.

Likewise, the employee may decide to terminate the employment relationship with the employer for very diverse reasons, which may be of a personal nature, for having received another job offer in accordance with his economic needs, tastes and interests, or for not feeling comfortable in his job, among others. When one or more of these circumstances arise, the employee has the right to express his or her free will to resign.

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