Finally, it should also be noted that a distinction is made between an agency relationship, a contractual relationship and a job. As a general rule, agents conduct business with their client and are paid the commission for all completed sales. Contractors receive a specified amount for the provision of a service. Workers are employed by contract to work for their employer and receive a salary. However, the distinction can often be blurred and a court will decide whether a relationship is a matter of employment, contracting or agency based on the reality of the situation, regardless of the documents that may describe the relationship differently. Factors that, including, but not limited, may be taken into account, those in which the contracting entity may require the contracting entity to perform transactions or hours of work, as well as periodic payments that are not in the category of commissions and which may be considered deductions or salaries. d. compensate the officer for any damage that the Agency`s performance may have caused later without fault or negligence on his part [Article 1913 BGB]; and this document can be used to establish a distribution agency relationship between an agent and a principal. In this way, an agent can earn commissions for the sale of the client`s goods.
1. the implementation of the Agency in accordance with its provisions [Article 1884 BGB]; 4. If the client refuses to reimburse the agent for the advances necessary for the implementation of the Agency or does not compensate the agent for the damages he suffered during the performance of the Agency without fault or negligence, the agent may proceed with the pawning of the goods and goods up to the main effect of the restitution. [Article 1914, Civil Code] It should be noted, however, that Article 1918 of the Civil Code does not make the client liable for the costs incurred by the agent in the following cases: the Philippine Civil Code is the agency`s law. Section 1868 of the BGB provides that a person (agent) undertakes, through the Agency`s contract, to provide a service or to do something in representation or on behalf of another (principle) with the consent or authority of the latter. In this regard, the company and the agent wish to enter into an agreement under which the agent will market and sell the product on the stated terms.