If your client prevents you from playing your role as an agent, for example. B, by taking samples necessary for your work, your client may not comply with the agency agreement. This violation could be accepted by you, which would immediately terminate the agency contract and preserve your right to a future payment. If you believe your client may be in violation, please contact us immediately so we can let you know. In the absence of a written agency agreement stating that you must receive compensation in the event of termination, you are entitled to damages. The client`s right to compensation expires as soon as the sales agent has not informed the client that he is seeking such compensation within one year of the expiry of the agency contract. With the exception of the above case, the goodwill tax cannot be waived, since the provision is mandatory under section 7:442 of the Dutch Civil Code. The amount of customer charges depends on a number of circumstances. First of all, it is important that customer costs are never higher than one year`s pay.
The above remuneration is calculated by calculating the average of earnings over the previous five years. If the agency contract lasted less than five years, the average of the last few years is taken. The fact that the remuneration is never higher than that of one year does not mean that the remuneration always corresponds to that average remuneration. In its November 2012 ruling, the Supreme Court ruled that compensation should be calculated using a three-tiered missile. First, it is necessary to determine the benefits of dealing with clients that the agent has brought. The next question is whether there is a reason to adjust the amount determined on the basis of Stage 1 in terms of fairness, all the circumstances of the case and the commission missed by the agent. Equity can involve either an increase or a reduction in the amount determined in the first stage. Finally, it is verified that the amount calculated does not exceed the maximum amount (the average fee over one year).
Yes – commercial agency contracts can only be established for a fixed period of time. However, the fact that a commercial agency is indicated only with a fixed term does not impede the application of the regulations, so that under the regulation, payments must be made to the agent after the end of the fixed period. If the client terminates an agreement with an agent for a reason other than a default by the agent, the agent can claim either compensation or compensation. Before terminating the agreement, the principal must also give the representative one month`s notice for the first year, two months for the second year, three months for the third year or more. The amount of compensation the agent can claim is the same as for the notice.