Studio Legale Pistone

AGENTE DI COMMERCIO: VADEMECUM

Guida legale agenti

Sommario:
DI SEGUITO UN PREZIOSO VADEMECUM LEGALE GRATUITO PER TUTTI GLI AGENTI DI COMMERCIO CHE VOGLIONO TUTELARE AL MEGLIO I PROPRI DIRITTI A CURA DELL’ AVV. ALESSIO PISTONE, TITOLARE DELLO STUDIO LEGALE PISTONE SPECIALIZZATO IN CONTRATTO DI AGENZIA E DISTRIBUZIONE COMMERCIALE

Al fine di non perdere la possibilità di richiedere tutte le spettanze di fine rapporto (indennità di fine rapporto; indennità preavviso, nuova indennità clientela meritocratica, indennità F.I.R.R., indennità maneggio denaro, indennità per il patto di non concorrenza, indennità suppletiva di clientela e le provvigioni a qualsiasi titolo ancora dovute), l’Agente di commercio dovrebbe sempre tenere a mente i seguenti suggerimenti:
 

  1. MAI AZIONARE IL RECESSO ORDINARIO DAL CONTRATTO DI AGENZIA.  Le mandanti , infatti, spingeranno sempre gli agenti di commercio a promuovere loro il recesso al fine di non pagare le dovute spettanze di fine rapporto. Uno Studio Legale specializzato in diritto di agenzia è in grado di valutare la soluzione migliore per l’agente in caso di fine del rapporto.
  2. Durante il rapporto di agenzia, comunicate con la ditta mandante attraverso mezzi che consentano di mantenere traccia del contenuto, conservate tali documenti e richiedete sempre una copia dei contratti stipulati con i clienti da voi procacciati. Ricordate che la preponente in caso di recesso, si attiverà immediatamente per bloccare agli agenti di commercio l’accesso ai sistemi informatici e ai server interni.
  3. Sottoponete sempre al vaglio di un legale specializzato il testo del contratto di agenzia iniziale e tutti gli eventuali mandati di rinnovo. Ricorda che la Ditta mandante tenderà a fare firmare agli agenti di commercio delle condizioni peggiorative rispetto all’originario contratto.
  4. Ricordate che in caso di recesso per giusta causa da parte della ditta preponente avrete un brevissimo termine di decadenza per impugnare il provvedimento. Scaduto tale termine rischiate di non potere più fare valere le vostre ragioni.
  5. Ricordate che le spettanze di fine rapporto sono dovute anche in caso di cessazione di un rapporto a tempo determinato.
  6. Ricordate che un avvocato esperto in diritto di agenzia in molti casi è in grado di fare ottenere all’agente il limite massimo dell’indennità ex art. 1751 c.c. o, comunque l’esatto importo delle Indennità di fine rapporto previste dagli Agenti di Commercio.
  7. Ricordate che se avete svolto anche attività di incasso, avrete diritto, salvo casi particolari, ad una indennità aggiuntiva, c.d. “Indennità di incasso”.
  8. Ricordate che in vaso di variazioni di zona, prodotto, provvigioni, che si traducano in una riduzione oltre una data soglia percentuale, della media delle provvigioni percepite nell’anno precedente la variazione, avrete diritto a comunicare entro un breve termine di decadenza la vostra intenzione di non accettare la suddetta variazione, interrompendo così il rapporto per colpa della mandante, la quale dovrà corrispondervi tutte le spettanze di fine rapporto, oltre all’indennità di mancato preavviso.

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