Mamoniter

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When does a sales person become entitled to the commission? (ex. upon award, upon contract signing, upon payment of services, etc.)

 

So long as that event has already happened, you would be entitled to a commission.

 

also, how is the incentive scheme worded? Are there qualifications? Can it be changed by the company?

 

If not, then you would be entitled.

 

Just make sure all these have already happened.

 

Also, be aware that going to the NLRC will damage your relations with the company. After you file a complaint, expect the company to to look for opportunities to terminate your employment.

 

Also, are you an employee or part of management? This could impact on whether you can go to the NLRC or not.

Hi rocco69, thanks for the quick response.

After checking my signed contract with the company I found out that the sales commission term is not written on it. Being one of the sales team in my company we can receive a commission as long as we closed the deal, hit the 80% monthly quota and get at least 3% margin on it. The accounting dept. will include the sales commission in our payslip after 6-8 months after closing the deal. The commission we can get will be computed based on their Sales Incentive Scheme. By the way HR gave me copy of this incentive scheme upon signing the contract.

The project that I mention was closed September 2018 and I receive the incentive April 2019. Waiting for 7 months I'm expecting to receive almost 1 million commission from that project but they just gave me a merely 5% of it. Now the same project occur again because its a subscription based product and closed it again for the 2nd time. I'm thinking they will do it again giving me lousy reasons for not giving me the correct commission.

Right now I'm looking for another job opportunity before I resign and complaint them to NLRC. Am I doing the right move? Is it possible to settle this if I talk to the HR regarding the issue.

Thanks

Hello Sir Rocco69, I need a legal advice regarding my situation in my company. I'm working as a sales account manager and each project that enters my account I'm entitled to receive a sales incentive. Now here's the problem, I've got a project opportunity that cost hundreds of million of pesos and I'm expecting a huge commission from it. But the management decided to give me only a specific amount of commission rather than following their company sales incentive schemes. Their reason is the company didn't earn well this year. So I'm planning to complaint them in NLRC and I want to know what's my chance winning the case. I have all the evidence and documents including the Sales Incentive Scheme from the HR that will prove that I'm the sales person of that project.

Thanks.