Commission Based Sales Employment Agreement

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Microsoft Word (Editable)
Pages
2
Price: KES 400
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Document Overview

A Commission-Based Sales Employment Agreement is a contract between an employer and a salesperson whose pay depends primarily or entirely on commissions from the sales they generate. It clearly defines the relationship, responsibilities, payment structure, and legal protections for both parties.

In Kenya, this type of agreement is used when a business wants to hire a salesperson or marketer whose income is based on performance rather than a fixed salary. It helps to:
1. Specify commission terms
2. Protect both parties
3. Clarify expectations - defines territories, targets, and sales responsibilities to prevent disputes.
4. Ensure legal compliance – aligns the engagement with Kenya’s Employment Act, 2007, and clarifies that it’s an employment (not contractor) relationship unless stated otherwise.
5. Safeguard company interests – includes confidentiality, non-competition, and termination clauses.

Typical Use Cases in Kenya
1. Real estate agents earning a percentage of property sales.
2. Insurance or microfinance agents earning per client closed.
3. Software and digital-product sales representatives.
4. Freelance marketers working on a performance basis.
5. Logistics and transport brokers paid per contract secured.
Among others.

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