ARTICLE 1 ° – Are included in this law travelers, exclusive or not, who make it their usual activity and organize on behalf of one or more traders and / or industrial transactions related to the trade or industry of their or their organization represented for remuneration. The traveler, unless otherwise agreed in writing with his employer(s), has the right to arrange transactions on behalf of several traders and / or industrialists, provided that they do not contain goods of identical quality and characteristics. Exclusive travellers are entitled to a guaranteed minimum wage. The other aspect of the law, which often leads to conflict situations and the risk of significant disruption for employers, concerns the obligation imposed on employers by travelers through art. 10 to keep a special book with the formalities of commercial books, in which, in addition to the form of remuneration of the traveler, each of the sales organized by the traveler is listed successively and in order of date. The obsolescence of the law is undeniable: in modern commerce, strongly characterized by great economic concentration and mass sales, it is inconceivable that an employer would keep written records of the formalities of the commercial books of each of his travelers` sales, because in many cases (especially when selling mass consumer products) there would not be a physical place with sufficient dimensions. by such a quantity of paper. to specify the transactions, since the condition of the commercial traveller necessarily implies the performance of tasks outside the framework of the undertaking, so that the drug addict who, like the plaintiff, has carried out his duties at the defendant`s premises, is not a traveller within the meaning of Law 14.546″ (1) The activity of business travellers is governed by Law 14546 on itinerant salesmen, Collective Agreement 308/75 for all travellers in commerce, services and industry, Convention 295/97 for travellers in the soap industry, Convention 22/98 for the activity of the perfume industry and the Employment Contracts Act. It should be added that the latter two conventions are essentially in conformity with Convention 308/75. Those who answer in the affirmative argue that the new rule is specific in that it explicitly refers to travellers, and is therefore pejorative. In general, it can be said that when a person sells products and services outside the framework of the creation of a business in his name and in his representation, we are faced with the figure of a “traveling salesman”. The legal relationship provides as a framework not only the Employment Contracts Act, but also its own specific statute, the former Law 14.546 (promulgated on 29.09.1958).
It is also based on the corresponding agreement and individually agreed contracts. As such, the employer, who is unable to implement and maintain the special book for commercial travellers, is exposed to significant claims of commission differences for sales not agreed by the traveller and only on the basis of the latter`s supplementary affidavit provided for in Art. 11, according to which the employer is responsible for proof to the contrary, is difficult to specify in most cases, since it depends on the will and management of third parties outside the employment relationship (clients). In cases where the employer fails to pay the adjusted remuneration in accordance with Article 7 and pays a fixed remuneration, CLC 308/75, which applies to business travellers, stipulates that in order to adjust remuneration in the future and to identify possible differences with the past (two-year limitation period): An operation must be carried out: convert the fixed salary into a commission, by relating the average turnover achieved by the traveller during the first six or twelve months (at his choice) of the employment relationship with the average remuneration received during the same period in order to determine the percentage of commission that would have corresponded to him. For example, if the traveler sold an average of $3,000,000 per month during this initial period and received an average fixed compensation of $30,000, the commission rate resulting from the conversion process is 1%, which applies to sales from the last two years, may have significant differences in favor of the traveler.