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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part B : Wages

3. Commission work


(1) An employer and employee employed as a sales person may agree in writing that the employee will perform commission work on a regular basis.


(2) An employee who performs commission work must receive a wage that is at least two-thirds of the applicable minimum wage that the employee is entitled to in terms of clause 2.


(3) An agreement to perform commission work in terms of this clause must be concluded before the work is commenced and must include—
(a) the employee's wage;
(b) the basis for calculating commission payments;
(c) the period over which commission payments are calculated which may not be longer than one month;
(d) when the employer must pay commission payments to the employee which may not be longer than one month after the end of the period in which the commission is earned; and
(e) the type, description, number, quantity or value of sales, margin, profit, or orders (individual, weekly, monthly or otherwise) for which the employee is entitled to earn commission.


(4) The employer must supply the employee with a copy of the agreement to perform commission work.


(5) If during any calculation period the employee does not earn an amount equivalent to at least the prescribed minimum wage because any act or omission by or on behalf of the employer has restricted the employee's ability to earn commission, the employer must pay the employee at least the applicable minimum wage as set out in Tables 1 to 2.