By this type of contract, the representative of the commission undertakes to carry out or participate, on behalf of the client, in an act or a trade agreement. non-competition clause: non-competition clauses are (reciprocal) customary and allowed for the duration of the agreement; Once the contract is terminated, the Spanish court generally recognizes the validity of the one-year non-competition clause, but is limited to where the franchise worked. To determine whether there is a commercial agency agreement or whether there is a commercial representation agreement with a labour relationship protected by the status of workers, we therefore look at the degree of independence to which each agent acts with respect to the guidelines defined by the employer. Any employer who wishes to enter into an agency agreement with an agent takes into account the impact of the obligations conferred on him and whose law applies to this contract (Article 10 LAA) and, in particular, must respect the independence with which the representative conducts commercial transactions. When it is found that the employer intervenes in the way in which the agent performs his activities, it is considered that there is an dependence and that it is therefore an employment contract and not an agency contract. What are the conditions that must be met to be considered an agency agreement, in order to avoid being considered a working relationship? But the Comisién Contracto of the Spanish Code of Commerce does not necessarily mean “work on behalf” but rather is a kind of agency agreement in which a client (Comitente) assigns an agent (comisionista) to carry out a specific commercial activity on his behalf (the Comisién). In this regard, the Comisién Contrato can be considered the equivalent of the code of commerce of the Mandato Contrato of the Spanish Civil Code, in which a client (principal) instructs an agent (mandatario) to provide a specific service (mandato). Depending on the context, the comisién contract and the mandate contract can often be simply referred to as “agency agreements” in English. As noted above, the distinctiveness between the agency agreement with respect to an employment contract is the independence of the representative. Sometimes it is wrongly assumed that the term comisién`s contrato refers exclusively to an agreement whereby a worker, representative or representative works exclusively on a commission (trabaja a comisi`n) instead of obtaining a fixed salary or other compensation. In this regard, comisién`s contracto has sometimes been mistranslated as a “sales commission agreement” or “commission agreement only”. Commercial relations: under the distribution contract, the link is entirely commercial; the risk of reporting a working relationship is much lower than under the agency agreement, given the increased independence and autonomy of the trader. Compensation: Although customer/goodwill compensation applies only to agency agreements, the Supreme Court has ruled in several cases that the merchant may be entitled to pay such compensation, provided that provisions similar to those provided in the Agency Agreements Act (see above) are respected by analogy.
Differences and similarities between agency contracts and commission agreements. The concept of a commercial agent (Article 2.1 (f), in the sense of the status of workers, which is a special employment relationship when a worker is involved in commercial transactions on behalf of one or more employers without assuming the risk and responsibility of these transactions, is crucial in deciding whether a contract is an agency agreement.