This Salesperson Contract is essential for formalizing employment relationships with sales professionals in Belgium. It is specifically designed to comply with Belgian federal employment law, including the Commercial Representatives Act of 1963 and the Employment Contracts Act. The contract should be used when hiring any sales professional who will be responsible for client acquisition, account management, or product sales. It includes crucial provisions for commission structures, territory assignments, performance metrics, and customer portfolio management, while incorporating mandatory Belgian employment protections. The document is particularly important as salespeople in Belgium enjoy specific legal protections and rights, especially regarding their client portfolio and commission calculations.
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1. Parties: Identification of the employer and the salesperson, including their full legal names and addresses
2. Background: Brief context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used throughout the contract, including specific sales-related terminology
4. Role and Duties: Detailed description of the salesperson's position, responsibilities, and reporting structure
5. Territory and Customers: Definition of the geographical area and/or customer segments assigned to the salesperson
6. Duration of Employment: Terms regarding contract duration, whether fixed-term or indefinite
7. Remuneration: Base salary, commission structure, and payment terms
8. Working Hours: Standard working hours, flexibility provisions, and overtime arrangements
9. Expenses and Benefits: Policy on reimbursement of business expenses and additional benefits
10. Targets and Performance: Sales targets, performance metrics, and evaluation criteria
11. Leave Entitlements: Annual leave, public holidays, and other authorized absences
12. Confidentiality: Protection of company trade secrets and confidential information
13. Data Protection: Obligations regarding handling of customer and company data
14. Termination: Conditions and procedures for contract termination
15. Post-Termination Obligations: Ongoing obligations after employment ends
1. Company Car: Terms related to provision and use of a company vehicle, if applicable
2. International Travel: Provisions for international business travel when role requires cross-border activities
3. Home Office Allowance: Terms regarding remote work arrangements and related compensation
4. Stock Options: Details of any share options or equity participation schemes
5. Team Management: Additional responsibilities if the salesperson has team leadership duties
6. Client Transition: Procedures for handling client relationships during absence or upon departure
7. Non-Compete: Post-employment competition restrictions, if applicable under Belgian law
8. Language Requirements: Language proficiency requirements if working in multiple linguistic regions
9. Product Training: Specific requirements for product knowledge and ongoing training
1. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
2. Territory Map: Detailed geographical boundaries of the assigned sales territory
3. Customer List: List of assigned customers or accounts, if applicable
4. Sales Targets: Specific sales targets and bonus thresholds
5. Expense Policy: Detailed policy on allowable expenses and reimbursement procedures
6. Company Car Policy: Detailed terms of company car usage and maintenance
7. Benefits Package: Detailed description of all benefits and associated terms
8. Product Portfolio: List of products/services the salesperson is authorized to sell
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