Thursday, September 3, 2020

Chapter 1. Commercial Employee

 TITLE II. AUXILIARIES AND AGENTS

 Chapter 1. Commercial Employee

 

Art. 28. - Definition.

 

1.    Commercial employee are persons who are bound to a trader by a contract of employment and who assist the trader by doing work of a non-manual nature as a salesman, secretary, accountant, guardian, inspector or director.

2.    Commercial employees are not traders.

 

Art. 29. - Civil Code applicable

 

Without prejudice to the provisions of this Code, the provisions of the Civil Code relating to contracts of employment shall apply to commercial Employees.

 

Art. 30. - Prohibition from carrying on private trade.

 

1.    A commercial employee may not carry on, on his own behalf or on behalf of a third party, a trade similar, to the trade carried on by his employer. Where an employee infringes this prohibition, his employer may claim damages and may cancel or refuse to renew the contract of employment in accordance with Art. 2591 of the Civil Code.

2.    A contract of employment may only contain a prohibition from carrying on private trade upon the expiry of the contract of employment on the conditions specified in Art 2589, 2590 and 2592 of the Civil Code.

 

Art. 31. - Agents.

 

1.    Commercial employees may act as agents by express to tacit agreement.

2.    The revocation of the power of agency shall not result in the cancellation of the contract of employment.

 

Art. 32. - Powers of Employee in charge of sales.

 

1.    The employee in charge of the sales in a store shall be deemed to have a power of agency for the purpose of selling or receiving goods which come within the normal business activities of stores of such nature.

2.    He may demand that goods sold by him be paid to him, unless payment is to be made to a special account.

3.    The employee may not demand payment outside the store unless so expressly authorised or unless he produces a receipt signed by the trader.

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