RECRUIT, CONTRACT AND SANCTION PRACTICE:

Part 1:

Now that you know the legal background, how to recruit, and the possible contractual clauses, you need to start your own company. Therefore you need to sell.

1. Please, write a job offer to upload in linked-in in order to contract a sales manager in your company, and prepare the interview: write all the questions you want to ask your sales’s manager in the order you want to make them to your prospect.
2. Please, write him a letter of intentions.
3. Please, write a draft of the contract you want to propose to him, specially explaining what and why you want to pay him and what you propose to him.

Part 2:

Imagine after some years you don’t like the seller you have hired:

1. because he is not good enough,
2. because he does not behave,
3. because you are not selling what was expected, whatever…

Pick up the reason you prefer in order to advise or may be extinguish his contract, and write him the letter you consider adequate to the facts you must detail in the letter.

Take in care the following clause was agreed with your employee, due the initial interest you had to hire him

“EXPIRY AND INDEMNITY:

The present Contract can be terminated if the worker withdraws in any of the following cases:

1. Substantial contractual modifications in worker’s conditions that notably prejudice his professional career, impairing his dignity, or taken with grave transgression of company’s good faith.
2. Non salary payment of the agreed salary, or continued delay.
3. Any other grave breach of Company’s contractual obligations, except for major causes where will not apply the present clause.

The present Contract can be terminated if the Company wishes so, in accordance with the following terms:

1. Due to withdrawal, without specifying any cause and giving a minimum of four months’ written notice. In this case, the worker will be entitled to receive a one year salary indemnification. In the event of non-compliance of the written notice period, the worker will be entitled to receive a compensation corresponding to the proportional amount of his salary equivalent to the breached notice period.
2. Due to the worker being dismissed, due to serious and culpable breach on the worker’s part. In this case, the worker will not be entitled to receive any compensation, except if this dismissing would be declared unfair by any Court, where the Company will have to pay a one year salary compensation. If the dismissal would be declared against fundamental rights, the Company will additionally pay a two years minimum indemnification for damages.
3. In case the Company would extinguish the contract because economic, technical, productive or organizational motives, individually or within a collective dismissal, the Company will have to pay the worker a six month's salary compensation. If any Court declares this extinction unreasonable or unfair, the company will have to pay an additional six month’s salary compensation.

All the previous established compensation amounts for the worker’s indemnity, will be net taken.

Termination of the Contract must be done in writing, and contradictory fill will be necessarily instructed.

Apart from this clause, any contractual termination will bear the necessity to pay the proportional liquidation parts of salary, vacation, extra-payments, and bonus.”

Do it with imagination, creativity and effort because you have to submit it, and may be will help you once in your professional life.