In the context of employment relationships and their implications on commissions paid to employees, an important binding thesis was discussed by the Superior Labor Court (TST) in case RRAg 11110-03.2023.5.03.0027. This thesis deals with a crucial issue for employers and employees who work with sales and commissions: default or cancellation of the purchase by the customer does not authorize the employer to refund the commissions already paid to the employee. 

Regarding the case of the aforementioned appeal, the TST approved the statement of one of the 21 binding theses brought forward, which, in turn, affects the interpretation of labor standards applicable to commissions.  

The Court reaffirmed, based on established case law, that customer default or cancellation of a purchase cannot be used as grounds for the employer to demand the refund of commissions paid to the employee.  

This thesis is of great relevance, as it reflects the interpretation of article 457 of the Consolidation of Labor Laws (CLT), which deals with employee remuneration, including commissions, and aims to protect the employee, ensuring that he receives the remuneration due for sales made, regardless of subsequent circumstances involving the customer. 

Article 457 of the CLT and the Commissions 

Article 457 of the CLT deals with the composition of the employee's remuneration, including fixed salary, bonuses and commissions. It establishes that commissions, as long as they are agreed between the employee and the employer, are part of the employee's remuneration and must be paid as established between the parties.  

However, § 2 of the aforementioned article 457 provides that the commission paid to the employee, for sales or services performed, is part of his/her remuneration and cannot be withdrawn without just cause. Therefore, even in situations of default or cancellation of the sale, the employee must maintain the right to the commission received. 

Practical Implications  

The TST's binding thesis on the subject has profound practical implications for both employees and employers, especially in sectors that depend on commissioned work, such as commerce and sales.  

For employers, the binding thesis means that they can no longer, without legal justification, charge their employees for the refund of commissions paid for sales that are subsequently cancelled or not paid. 

For employees, this decision provides greater legal security, as it ensures that, upon receiving commissions, these cannot be subtracted later based on events beyond their responsibility, such as a client's default.  

In view of the thesis under discussion, it is crucial that companies comply with labor legislation, adjusting their commission payment and refund policies in order to avoid potential disputes. For employees, protecting the right to the commission received is a guarantee that, when performing their duties diligently, they will not be harmed by factors beyond their control. 

If you have any questions about the impact of this thesis on your activity or employment relationship, consult one of our lawyers specialized in Labor Law, who will be able to provide specific and detailed guidance on how this decision applies to your situation.