In a court decision of the 12th Panel of the Regional Labor Court of the 2nd Region (TRT-SP), the superior court judge Iara Ramires da Silva understood that "the commission has as calculation basis the total amount of the sales made by the worker". In the analyzed case, the employee claimed that he received his commissions only on the value of the sales after the discount of 10% related to charges of the credit card operator.
The judge noted that this percentage should not be discounted for the effect of the employee's commission, since the charges are exclusively of the responsibility of the company, which adopts the credit cards system just to facilitate the purchase by the customer and thus increase their sales.
Therefore, the value of 10%, usually added on the price of products purchased with credit cards should not be discounted to the calculation of the commission to be received by the employee.
In this sense, the Court sentenced the company to the payment of salary differences due to the variation between the full price payed by the customers and the ones actually received by the company after the discount of the percentage related to purchases on credit cards.
Case No.
RO 0001936-66.2011.5.02.0431
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