Has your commercial agency or VRP sales representative contract been terminated? The firm acts for agents, VRP representatives and self-employed professionals to obtain the end-of-contract indemnity and unpaid commissions, throughout France. Maître Vincent Fritsch works on a freely agreed fee basis.
Situations the firm handles
- Termination of the commercial agency contract and the compensatory end-of-contract indemnity.
- VRP status: clientele indemnity and termination indemnities.
- Reclassification as a commercial agent (de facto status), as a VRP or as an employee.
- Unpaid commissions and the agent’s right to information.
- Abrupt termination of an established business relationship (for distributors and independents).
- Post-contractual non-compete clauses.
The commercial agent’s end-of-contract indemnity
When the relationship with the principal ends, the commercial agent is in principle entitled to an indemnity compensating the loss suffered. In practice, the French courts most often assess it at around two years of gross commissions. Beware of the time limit: the agent has one year from the end of the contract to give notice of the claim. The firm secures both the valuation and the action.
When the indemnity can be lost
The indemnity is not due in certain cases, notably where the termination results from the agent’s serious misconduct (faute grave). The notion of serious misconduct, the date at which it is assessed and the possibility of invoking misconduct discovered after the termination are governed by precise case law. The firm defends agents and principals alike on this ground.
VRP status, reclassification and unpaid commissions
The French VRP status opens specific rights (the clientele indemnity). Moreover, a “business introducer” or “independent sales consultant” may in reality fall under the protective status of the commercial agent: reclassification then carries the right to the indemnity. Finally, the agent enjoys a right to information and to an account rendered, making it possible to claim unpaid commissions — including on business concluded after the termination.
Why this firm
- A mastered field: commercial agents, VRP representatives, distribution, independents.
- Defence on both sides: agents and VRP representatives as well as principals.
- More than 24 years of experience, nationwide practice, freely agreed fees.
Frequently asked questions
How much is the commercial agent’s end-of-contract indemnity?
The courts most often assess it at around two years of gross commissions, but the amount depends on the situation (duration, sector, the elements of the case). A case-by-case valuation is necessary.
What is the time limit for claiming the indemnity?
The commercial agent has, in principle, one year from the end of the contract to notify the principal of the intention to assert the claim. Meeting this deadline is essential.
Can a “business introducer” be reclassified as a commercial agent?
Yes, if the actual activity corresponds to that of a commercial agent (negotiating and, where applicable, concluding contracts on a permanent basis). Reclassification can carry the right to the indemnity.
Making an appointment
Consultations by appointment, remotely throughout France and in the firm’s offices in Strasbourg, Haguenau and Wissembourg. Telephone: +33 3 88 32 26 66 — Email: contact@avocat-fritsch.com. Consultations can be held in English.
General information only, with no promise of result. Every situation requires individual analysis. Fees are freely agreed; the firm does not act under the French legal aid scheme.
The firm’s other websites
The Fritsch law firm also acts in tax audits and tax litigation, in URSSAF audits and social security contribution disputes, and in divorce and the division of marital property. A general presentation of the firm is available at fritsch-avocat.fr.