have a client whose looking to recruit a couple of
part-time sales staff for his business but wishes to
employ them on a commission only bases. He wants to
know where he stands on this e.g. must they become
employees or could they be self-employed.

My thoughts are that it’s difficult to justify their
status as self-employed (as they will solely sell the
clients product). I think their employment status
would be one of an ‘output worker’ e.g. the employer
sets the hours (which he wishes to do) and the
employee receives payment by commission of at least
the minimum wage for every hour they work.

I would appreciate your thoughts on how you see the
situation yourself. If you have any examples of these
types of contracts please could you let me know.

Shane O’Toole