The Sales Consultant Contract is essential for businesses operating in South Africa that employ sales professionals. This document establishes the formal employment relationship while incorporating sales-specific elements such as commission structures, target requirements, and territory assignments. It ensures compliance with South African employment law, including the Basic Conditions of Employment Act, Labour Relations Act, and relevant consumer protection legislation. The contract is designed to protect both employer and employee interests while providing clear guidelines for performance measurement, remuneration, and professional conduct. This document should be used when engaging new sales consultants or updating terms for existing sales staff, and can be customized across various industries while maintaining its core legal compliance elements.
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1. Parties: Identification of the employer company and the sales consultant, including full legal names and contact details
2. Background: Context of the agreement and brief description of the business and sales consultant role
3. Definitions: Key terms used throughout the agreement, including specific sales-related terminology
4. Appointment and Duration: Terms of appointment, commencement date, and contract duration (fixed-term or permanent)
5. Duties and Responsibilities: Detailed description of the sales consultant's role, targets, and performance expectations
6. Remuneration and Commission Structure: Base salary, commission calculations, payment terms, and bonus structures
7. Working Hours and Location: Standard working hours, flexibility requirements, and primary work location
8. Reporting Structure: Line management and reporting requirements
9. Confidentiality: Protection of company and client information
10. Intellectual Property: Ownership of work product and client relationships
11. Non-Competition and Non-Solicitation: Restrictions on competitive activities during and after employment
12. Termination: Notice periods and grounds for termination
13. General Provisions: Standard legal clauses including governing law, dispute resolution, and entire agreement
1. Company Vehicle: Terms of company vehicle usage if provided
2. Sales Tools and Equipment: Provisions regarding company-provided sales tools, devices, or software
3. International Travel: Terms for international sales activities if applicable
4. Performance Incentives: Additional bonus structures or incentive schemes
5. Training Requirements: Mandatory training programs and professional development
6. Remote Work Provisions: Terms for remote working arrangements if applicable
7. Team Leadership Responsibilities: Additional duties for senior sales consultants managing teams
8. Client Account Management: Specific provisions for key account handling
1. Schedule A - Commission Structure: Detailed breakdown of commission percentages, tiers, and calculation methods
2. Schedule B - Sales Targets: Quarterly or annual sales targets and performance metrics
3. Schedule C - Assigned Territory: Geographic or client segment allocation
4. Schedule D - Approved Expenses: List of reimbursable expenses and claim procedures
5. Schedule E - Company Policies: Reference to applicable company policies and procedures
6. Appendix 1 - Reporting Templates: Standard forms for sales reporting and commission calculations
7. Appendix 2 - Benefits Package: Details of additional benefits and eligibility criteria
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