Employee who performs commercial functions
He is an employee who depends on the company’s collective agreement. He benefits from the same advantages as the other employees of the company and is subject to the same obligations. It therefore has no “particular” status at company level.
VRP (Traveller Representative Usher)
Conversely, this employee benefits from a very special diet.
Indeed, it is the collective agreement of the VRP which governs the working relations between the VRP and his employer.
Regardless of the company’s collective agreement, he works under its own collective agreement.
There are two categories of VRP:
- Exclusive VRP (or monocard) who only works for one company;
- VRP multicards who works for several companies at the same time.
But to be recognized VRP, the employee must meet some obligationsto know :
- work on behalf of a single (exclusive or single-card sales representative) or several employers (multi-card sales representative);
- not to carry out any commercial operation for his personal account;
- be bound to his or her employers by an employment contract in which is specified: the goods sold, the sector of activity, the prospecting sector of the VRP, his remuneration, …
The particularities of the VRP are numerous, we can mention:
1. The working hours to which he is in principle not subject (except in the exceptional case of the exclusive sales representative subject to a specific working schedule);
2. The remuneration optionally includes:
- a fixed salary only;
- commissions only;
- a mixture of the two (fixed + commissions).
3. The fixed salary must be paid monthly to the VRP;
4. The company can pay commissions quarterly while paying monthly installments on commissions;
5. Paid leave can possibly be paid every month, because case law admits that the company can pay every month 1/10th of the remuneration in addition;
6. Commissions are calculated on turnover including tax;
7. A minimum fixed remuneration must be paid only to exclusive VRPs; due for each quarter, it corresponds to 520 times the hourly SMIC in force on the last day of the quarter concerned;
8. VRP employees can benefit from a 30% reduction provided for by the collective agreement on which they depend. The allowance is a maximum of €7,600 per year;
Example : if the company pays €5000.00 to the VRP employee with a 30% reduction, we will then have:
Base salary | €5,000.00 |
30% discount | €1,500.00 |
Gross salary cut | €3,500.00 |
Social contributions (salary and employer) calculated on the gross salary slaughtered. Only the CSG and CRDS contributions are calculated on the gross salary not reduced (therefore €5,000) respecting the 3% reduction provided by the URSSAF | 321,90€ |
Net salary after deductions | ……€ |
Net payable = Gross salary of €5,000 – social contributions (except CSG and CRDS) based on €3,500 – CSG and CRDS based on €5,000 |
……€ |
9. VRP employees depend on special funds for the payment of contributionsto know :
- for multi-card VRPs: CCVRP (National VRP Compensation Fund) for URSSAF and POLE EMPLOI contributions and IRPVRP and IRREP for supplementary pensions;
- for exclusive sales representatives: URSSAF like other employees, POLE EMPLOI like other employees and IRPVRP and IRREP for supplementary pensions.
10. Dismissed VRP employees benefit from a right to commissions for orders not yet transmitted on their departure, this is called the “feedback on sampling“.
Example: The VRP employee is made redundant on March 31. He met customers in January and February who will place their order in April. The VRP must be able to benefit from the fruits of his labor and will therefore receive commissions on orders transmitted in April for a customer visit in January and February.
Commercial agent
The commercial agent is not an employee of the company. He is a independent professional.
No payslip will therefore be established for him.
The company will pay him fees and the commercial agent will take care of his social coverage himself.