Can an employer claim back overpaid commission?
Usually yes, but how depends on where the rep works and on what your written plan says. In the US, deductions from wages are restricted by federal and state law, and many states require written authorisation. In the UK, recovering an overpayment of wages is an exception to the unlawful deductions rules. In most of the EU and the Nordics, you generally need the employee's agreement or a clear legal basis before you deduct anything.
The one thing that works everywhere is a written commission plan with a clear recovery clause, agreed before the commission is paid. This guide explains why overpayments happen, how the rules differ by country, how to recover the money step by step, and what to put in your plan so the next correction is routine instead of a dispute. It is general guidance, not legal advice. Always check with local employment counsel before you deduct anything from pay.
Key findings
- 0% of 517 sales job ads that promise commission or OTE mentioned clawbacks, overpayments or repayment terms (Prowi analysis of 2,375 open sales ads from 879 employers, 2 November 2026). Recovery rules live in the plan, not in the offer, so the plan has to carry them.
- $7.25 an hour is the US federal minimum wage. Under the FLSA, a deduction may not reduce pay below it or cut into required overtime (US DOL Fact Sheet #16). Many states add stricter rules on top.
- 12.5% of gross wages is the most a New York employer may deduct per wage payment to recover an overpayment that cannot be taken in one go, after written notice (12 NYCRR 195-5.1).
- 50% is a common offset limit in recovery clauses. In our worked model, it recovers a $6,000 overpayment in 3 months and leaves the rep half their commission each month. Full offset recovers it in 2 months but leaves the rep with no commission in month 1.
- €3,000 is what one plan misread costs in our tier example: paying the top tier rate on all sales instead of only on the sales above the threshold.
What counts as a commission overpayment?
A commission overpayment is money paid to a rep that the plan never entitled them to. The cause is usually an error: wrong data, a wrong rate, a deal counted twice or a rule applied the wrong way. That makes it different from a clawback, where the commission was earned under the plan but a condition later failed, such as the customer cancelling or not paying.
The difference matters because the legal footing is different. Correcting an error is about returning money that was never owed. Recovering a clawback is about enforcing a term of the plan. An advance or draw is a third case: the rep was paid ahead of earning, on the understanding that it would be settled later.
| Type | What happened | Example | Legal footing for recovery | Usual way to recover |
|---|---|---|---|---|
| Overpayment (error) | Paid more than the plan allows | Rate entered as 12% instead of 8% | Money never owed; in the UK an excepted deduction; elsewhere usually needs agreement or a plan clause | Correct, notify, offset or agree repayment |
| Clawback | Earned under the plan, then a condition failed | Customer cancels within 90 days | A clawback clause agreed in advance | Offset against later commission |
| Advance or draw | Paid before it was earned | Monthly draw of $2,000 against commission | The draw terms in the plan or agreement | Settled against later earned commission |
| True-up | Provisional figures replaced by final ones | Quarterly reconciliation of estimated commission | The true-up rule in the plan | Plus or minus line on the next statement |
A true-up can go either way, so it is a routine adjustment rather than a recovery. If your plan pays provisional amounts and reconciles them later, say so in the plan, and most "overpayments" simply become true-ups.
Why do commission overpayments happen?
Most overpayments come from three sources: a deal that is reversed after commission was paid, a data error, or a plan rule that was misread when the commission was calculated. All three are more likely when commission is calculated by hand in a spreadsheet, and all three are cheaper to fix the earlier they are found.
| Cause | Typical example | How it is usually found | Best prevention |
|---|---|---|---|
| Deal reversed | Customer cancels, refunds, or never pays the invoice | Finance flags a credit note or write-off | Pay on invoice or payment, or have a clawback clause with a clear window |
| Duplicate deal | The same deal is entered twice in the CRM | Rep's total looks too high, or finance cannot match an invoice | Match commissionable deals to invoices before paying |
| Wrong rate or tier | Rate typed as 12% instead of 8%; old plan rate used | Audit, or a rep comparing statements | Rates stored once, versioned by plan year |
| Crediting error | Two reps both credited 100% on a shared deal | Sum of credits exceeds 100% of the deal | A written crediting rule and a check that splits add up to 100% |
| Plan misread | Top tier rate applied to all sales, not only to sales above the threshold | A rep in another team gets a different number for the same sales | A worked example for every rule in the plan |
| Wrong amount basis | Commission paid on total contract value when the plan says first-year value | Finance compares commission to booked revenue | Define the commission basis in the plan, with one example |
| Timing error | A deal from next period paid early, then paid again in its own period | Two statements show the same deal | Lock each period after approval |
Deal reversed after payment
A rep on 10% closes a $48,000 deal in March and is paid $4,800. In May, within the plan's 90-day window, the customer cancels. Strictly, this is a clawback, not an error, because the commission was earned under the rules that applied in March. But many companies talk about it as an overpayment, and the recovery process is the same. Whether you can recover it depends on whether your plan says commission is conditional on the customer staying or paying. See our guide to commission clawbacks for windows and calculation methods.
Data error
An admin types a 12% rate instead of 8% for one rep at the start of the quarter. The rep sells $150,000 in the quarter and is paid $150,000 × 12% = $18,000 instead of $150,000 × 8% = $12,000. The overpayment is $6,000. Nobody did anything wrong on purpose, and the rep may have assumed the higher number was a good quarter. This is a pure overpayment: the plan never gave the rep $18,000.
Plan misread
Tiered plans are the most common source of misreads. The plan below pays 5% on sales up to €100,000, 8% on sales between €100,000 and €150,000, and 10% on sales above €150,000. The higher rates apply only to the sales inside each tier.
| Sales in the year (EUR) | Commission rate on sales in this tier |
|---|---|
| €0 - €100,000 | 5% |
| €100,000 - €150,000 | 8% |
| Over €150,000 | 10% |
Example: a rep sells €140,000. Correctly calculated, that is €100,000 × 5% = €5,000 plus €40,000 × 8% = €3,200, so €8,200 in total. If someone applies 8% to all sales, the rep is paid €140,000 × 8% = €11,200. The overpayment is €3,000. If the plan had a worked example, the misread would have been caught before payout.
What should the commission plan say about recovering overpayments?
The plan should say, in plain words, that the company may correct errors in either direction, how the rep is told, how an overpayment is recovered, and what limits apply. This clause matters more than any other single factor, because in most countries the strongest footing for recovery is a written term the rep agreed to before the money was paid.
A good recovery clause covers seven points:
- Errors are corrected both ways. If the rep was underpaid, they get the difference. If they were overpaid, the company recovers it. A clause that only works in the company's favour is harder to defend and harder to sell to the team.
- What counts as an overpayment. Wrong data, wrong rate, duplicate deals, crediting errors and calculation errors, as opposed to clawbacks, which have their own clause.
- Notice. The rep is told in writing, with the deal, the original statement, the corrected figure and the amount, before anything is deducted.
- How it is recovered. Offset against future commission first. Deduction from base salary only where the law allows it and the rep has authorised it in writing.
- Limits. A maximum offset per period, for example 50% of the commission earned in that period, so the rep is never left with nothing.
- Time limit. How far back the company will look, for example 12 months from the statement date. A time limit also protects the company: it forces regular checks.
- Leaving the company. What happens to an outstanding balance when the rep leaves, and whether it can be taken from final pay, where the law allows it.
Our free commission clawback policy template has clause text for corrections, offsets, limits and leavers that you can adapt. If the plan itself needs rewriting, start from the commission plan template.
What are the rules in the US, the UK and the EU?
The rules differ more between countries, and between US states, than most sales leaders expect. The US has a federal floor and very different state rules. The UK has a specific exception for overpayments of wages. Most EU and Nordic countries limit deductions to what national law, a collective agreement or the employee's consent allows. The table summarises the general position; the sections below give more detail.
| Question | US | UK | EU and Nordics |
|---|---|---|---|
| Is earned commission treated as wages? | Generally yes under state wage laws | Yes: "wages" include commission (ERA 1996, s. 27) | Generally yes |
| Can an overpayment be deducted from pay? | Depends on the state; FLSA floor applies; many states require written authorisation | Yes, recovering an overpayment of wages is excepted from the unlawful deductions rule (ERA 1996, s. 14) | Usually only with consent, a collective agreement or a specific legal basis |
| Is written authorisation needed? | Often, under state law | Not for a genuine overpayment, but good practice is to agree it | Usually yes |
| Is there a cap on deductions? | Federal minimum wage and overtime floor; some states cap amounts | No general cap for overpayments; minimum wage exception for accidental overpayments | Often: a protected minimum or the non-attachable part of wages |
| Final pay | Timing set by state law; some states require immediate payment | Rep is normally entitled to everything earned up to the last day | Set by national law and contracts |
| Safest recovery route | Offset against future commission under a signed plan | Talk first, agree a repayment plan, then deduct | Offset against future commission under a signed plan |
United States: federal floor, state rules
Federal law sets a floor, and the states build on it. Under the Fair Labor Standards Act, a deduction may not reduce an employee's pay below the federal minimum wage of $7.25 an hour, and it may not cut into overtime the Act requires (US Department of Labor, Fact Sheet #16). For most commissioned sales reps, the bigger constraints are in state law.
State wage laws vary a lot. Many states only allow deductions the employee has authorised in writing, some restrict deductions for overpayments to specific procedures, and some go further. Three examples show the range:
- California requires a written commission contract that sets out how commissions are computed and paid, with a signed copy and a signed receipt from the employee (Labor Code § 2751). It is unlawful for an employer to collect or receive back wages already paid (Labor Code § 221). A California appeals court held that an employer may advance commissions before all conditions are met and charge back an excess against future advances, and that such a charge-back does not take back wages already paid (Steinhebel v. Los Angeles Times Communications, 2005). The plan's wording about when commission is earned is what decides which side of the line you are on.
- New York allows deductions to recover overpayments only under a set procedure: written notice before the deduction, a limited look-back period, and a cap of 12.5% of gross wages per wage payment when the overpayment cannot be recovered from the next payment in full (12 NYCRR 195-5.1).
- Other states have their own wage payment acts with rules on authorisation, timing and final pay. The US Department of Labor links to every state labor office (DOL State Resources).
Final paychecks are where many recovery disputes start. Federal law does not require employers to give former employees their final paycheck immediately, but some states do (DOL, Last Paycheck). Taking an overpayment out of a final paycheck without a clear state-law basis and the rep's written authorisation is a common way to turn a small correction into a wage claim. Check with local employment counsel in the state where the rep works.
United Kingdom: unlawful deductions, with an overpayment exception
In the UK, an employer may not make a deduction from a worker's wages unless it is required or authorised by statute, by a relevant term of the contract, or by the worker's prior written agreement (Employment Rights Act 1996, section 13). "Wages" include any fee, bonus or commission (section 27).
The key exception: section 13 does not apply to a deduction whose purpose is to reimburse the employer for an overpayment of wages, made for any reason (section 14(1)). GOV.UK confirms that deductions can be made where there has been an earlier overpayment of wages or expenses (GOV.UK, Deductions from your pay).
Two cautions. First, the exception covers genuine overpayments. Recovering commission that was earned under the plan but later lost, such as a clawback, is not an overpayment, so it needs a contract term or written consent under section 13. Second, a contract change or a consent signed after the event does not authorise a deduction for something that happened before it (section 13(5) and (6)). That is why the clause must be in place before the commission is paid. Acas advises employers to contact the worker as soon as they learn of the mistake, not to deduct without letting them know, and to agree how the money will be paid back, with flexibility for large overpayments (Acas, Handling overpayments).
EU and Nordics: agreement or a clear legal basis
Across Europe, the starting point is that wages are protected. The ILO Protection of Wages Convention says deductions from wages are permitted only under conditions and to the extent prescribed by national laws or regulations, or fixed by collective agreement or arbitration award (ILO Convention No. 95, Article 8). National rules follow that pattern in different ways:
- Sweden: an employer may set off a claim against wages only to the extent the Act on Employers' Right of Set-off allows, and set-off is allowed with the employee's consent (Lag (1970:215) om arbetsgivares kvittningsrätt, sections 1 and 2).
- Germany: set-off is not allowed against the part of a claim that is protected from attachment, which limits how much of a rep's pay an employer can offset (§ 394 BGB).
- Other EU countries have similar protected minimums and consent rules, often shaped by collective agreements. EU law also requires that the components of pay be stated in writing (Directive (EU) 2019/1152, Article 4), which is another reason to have the commission rules, including corrections, in the written terms.
In practice, the safest route in most of Europe is to agree the correction mechanism in the commission plan, recover by offset against future commission rather than base salary, and get the rep's written agreement to any repayment plan. Check with local employment counsel, because collective agreements and case law can change the picture.
How do you recover a commission overpayment step by step?
Correct the figures first, tell the rep in writing, agree how the money comes back, and only then offset it against future commission. Doing it in that order keeps you within the rules in most countries and keeps the rep's trust. Skipping the conversation is the most common way a small correction becomes a commission dispute.
- Correct the data: fix the source of the error in the CRM or finance system, not only the amount, so it does not repeat next period.
- Recalculate: rerun the commission for the affected periods under the plan rules, and document the original and corrected figures.
- Show it on the statement: add the correction as a separate line with the deal, the original period and the amount, instead of editing the old statement.
- Approve the correction: have the same person who approves statements approve the correction and the recovery plan.
- Agree repayment: meet the rep, explain the error, and agree in writing how and over how many periods it will be recovered.
- Offset in payroll: deduct the agreed amount from future commission, within the plan's limit, and track the balance until it reaches zero.
The same process as a checklist, with what to keep on file:
| Step | What you do | Owner | Evidence to keep |
|---|---|---|---|
| 1. Correct | Fix the data or rule and recalculate the affected periods | Sales ops or finance | Original and corrected calculation |
| 2. Notify | Tell the rep in writing what happened, which deals and how much | Sales manager | The written notice and the date sent |
| 3. Agree repayment | Agree the offset amount per period or a repayment plan | Sales manager with HR | Signed repayment agreement or written authorisation |
| 4. Offset | Deduct from future commission within the agreed limit | Payroll | Statement lines and payroll records until the balance is zero |
What does a recovery look like on a statement?
Take the cancelled $48,000 deal from earlier. The rep was paid $4,800 in March. The plan allows offset of up to 50% of the commission earned in a period. In May, the rep earns $2,600 on new deals and $400 on renewals.
| May statement line | Amount (USD) |
|---|---|
| Commission on new May deals | $2,600 |
| Renewal commission | $400 |
| Offset of March overpayment (50% limit) | -$1,500 |
| Payout | $1,500 |
Over the following months, the balance is recovered like this:
| Month | Commission earned (USD) | Offset (USD) | Paid to rep (USD) | Balance still owed (USD) |
|---|---|---|---|---|
| May | 3,000 | 1,500 | 1,500 | 3,300 |
| June | 5,200 | 2,600 | 2,600 | 700 |
| July | 4,100 | 700 | 3,400 | 0 |
The March statement is never changed. The rep can see each step, and their base salary is never touched.
How fast should you recover an overpayment?
Fast enough that it does not drag on for a year, slow enough that the rep keeps a meaningful paycheck. For most overpayments, an offset limit between 25% and 50% of the commission earned per period is a reasonable range. For large amounts, an agreed instalment plan works better than any percentage.
The model below shows the trade-off for the $6,000 data-error example. It is a worked model, not survey data. Assumptions: the rep earns a $5,000 monthly base salary that is never touched, average commission of $4,000 a month, the overpayment is recovered only from commission, and the rep has agreed to the method in writing.
| Recovery method | Recovered per month (USD) | Months to recover $6,000 | Rep's commission in month 1 (USD) | Main risk |
|---|---|---|---|---|
| Full offset against next commission | 4,000 | 2 | 0 | Rep has no commission in month 1; motivation drops |
| 50% of commission per month | 2,000 | 3 | 2,000 | Noticeable but manageable |
| 25% of commission per month | 1,000 | 6 | 3,000 | Balance outstanding for half a year |
| Fixed instalment of $500 a month | 500 | 12 | 3,500 | Long tail; balance at risk if the rep leaves |
Two things fall out of the model. First, the method matters more to the rep than the amount: the same $6,000 is barely noticeable at 25% but painful as a full offset. Second, the longer the recovery, the more of it is at risk if the rep leaves, which is why the leaver clause matters. If the rep is in New York, remember the state rules on notice and the 12.5% cap per wage payment for amounts that cannot be recovered at once.
Worked examples by role
Overpayments look different depending on the role, because each role is paid on a different event. The table shows typical cases and a sensible recovery for each. All amounts are illustrative.
| Role | What went wrong | Calculation | Overpaid | Sensible recovery |
|---|---|---|---|---|
| SDR paid per qualified meeting | 4 meetings later disqualified as no-shows | 4 × $150 | $600 | Offset in full next month; small amount |
| Mid-market account executive | Customer cancels a $48,000 deal within the window | $48,000 × 10% | $4,800 | 50% offset over 3 months |
| Enterprise account executive | Paid 6% on a $300,000 three-year contract upfront; customer exits after year 1 | $300,000 × 6% × 2/3 | $12,000 | Agreed instalment plan; review the plan's basis |
| Account manager | A €24,000 renewal credited twice at 4% | €24,000 × 4% | €960 | Correct on next statement |
| Sales manager on override | 2% override included a €50,000 deal that was reversed | €50,000 × 2% | €1,000 | Offset against next override payment |
The enterprise case is a plan design problem as much as a recovery problem. Paying commission on total contract value upfront creates a large exposure if the customer leaves early. Paying on first-year value, or in instalments as the customer pays, removes most of the risk before it arises.
Worked examples by company size
The legal rules do not change with company size, but the risk and the process do. A small team usually finds errors late because one person calculates everything by hand. A larger team finds them through audits, but the amounts are bigger and spread over more people.
| Company | Typical setup | Typical overpayment risk | What to put in place |
|---|---|---|---|
| Startup, 3 to 5 reps | Founder or finance calculates commission in a spreadsheet | Formula errors and plan misreads found months later | A one-page plan with a recovery clause and a worked example per rule |
| Scale-up, 10 to 30 reps, one country | Sales ops runs the spreadsheet; payroll provider pays | Duplicate deals, crediting errors, rate changes mid-year | Monthly reconciliation of commissionable deals against invoices; statement approval before payroll |
| Mid-size, 30 to 100 reps, several countries | Several plans, several payroll providers | Local rules applied inconsistently; recovery handled differently per country | One commission policy with local addenda reviewed by counsel in each country |
What happens if the rep has already left?
Recovery gets harder once the rep has gone, because there is no future commission to offset against. You can only deduct from the final pay where local law allows it, and otherwise you are left asking for repayment as a debt. That is why the plan should say what happens to an outstanding balance on leaving, and why it pays to recover overpayments quickly.
- US: state law decides when final pay is due and whether any deduction is allowed. Taking a balance from the final paycheck without a clear basis and written authorisation risks a wage claim and penalties under some state laws.
- UK: a genuine overpayment of wages can be recovered from final pay under the section 14 exception. A clawback of earned commission needs a contract term or prior written consent.
- EU and Nordics: final pay is protected by the same rules as other pay, so an agreed clause and the protected minimum still apply.
Many companies decide that small balances lapse when a rep leaves, and write that into the plan. It costs little and removes a source of conflict with someone you may meet again as a customer or a hire. See our guide to commission upon termination for the wider rules on leavers.
Edge cases that cause trouble
Most overpayments are simple. These are the ones that are not, and how to handle each.
The rep disputes that it is an overpayment
If the rep reads the plan differently, you have a dispute about the plan, not a recovery. Pause the offset, review the wording, and decide. If the wording is genuinely ambiguous, many companies let the rep keep the money this time and fix the wording for the next plan year. Our guide to avoiding commission disputes covers how to set up a dispute window and an escalation path.
The error is found a year or more later
Old errors are harder to recover, legally and in practice. Some jurisdictions limit how far back you can deduct; New York, for example, limits the look-back for wage deductions under its overpayment regulation. A time limit in the plan, such as 12 months from the statement date, sets expectations on both sides and forces regular checks.
The overpayment was caused by the company
Even when the company made the mistake, the money was still not owed. But how it is recovered should reflect that. Slower recovery, a lower offset limit, or writing off a small amount are all reasonable. Being generous here is cheaper than losing a good rep.
The rep was paid in a previous tax year
Commission is taxed when paid. When an overpayment is repaid in a later tax year, payroll and tax handling can differ from a correction within the same year. Ask your payroll provider or accountant before agreeing a repayment that crosses a year end.
The rep is on leave
If the rep is on parental or sick leave and earns no commission, an offset against future commission pauses automatically. Do not switch to deducting from leave pay without checking local rules first.
The rep is commission-only
For a rep with no base salary, every offset reduces their total pay. In the US, make sure the pay after the offset still meets the minimum wage floor for the hours worked. Elsewhere, check the protected minimum. A lower offset limit is usually wise.
Common mistakes when recovering commission
- Deducting before telling the rep. Acas, and common sense, both say talk first. A surprise deduction is the fastest route to a formal complaint.
- Taking it from base salary by default. In many jurisdictions this needs written authorisation, and it hits the rep's fixed costs. Offset against future commission instead.
- Editing old statements. If March is changed after it was approved and paid, the statements the rep saved no longer match. Add a correction line in the current period.
- No recovery clause in the plan. Without one, you depend on the general law, which in many places favours the employee.
- Adding the clause after the fact. In the UK, a consent given after the event does not authorise a deduction for it. Elsewhere, it is at best weak.
- Treating clawbacks and errors the same way legally. They may look alike on a statement, but the legal basis is different, especially in the UK.
- Recovering from the final paycheck without checking state law. In the US, this is a common source of wage claims.
- Fixing the amount but not the cause. If the rate table or the crediting rule is still wrong, the same overpayment happens again next month.
How do you prevent commission overpayments?
Prevention is cheaper than recovery. Most overpayments disappear when commission is calculated from the same data finance uses, every statement is approved before payroll, and every rule in the plan has a worked example.
| Control | Catches | Effort |
|---|---|---|
| Pay commission on invoice or payment, not signature | Most deal reversals | Plan change; delays payout |
| Match commissionable deals to invoices before payout | Duplicates, wrong amounts | Monthly check |
| Check that splits on each deal add up to 100% | Crediting errors | Automatic in most systems; manual in spreadsheets |
| Store rates once, versioned by plan year | Wrong or old rates | One-off setup |
| A worked example for every rule in the plan | Plan misreads | Part of writing the plan |
| Statement approval before payroll | Most errors, before money leaves | Monthly review |
| A dispute window, for example 30 days after each statement | Errors the rep spots | Written into the plan |
If you want to see where your current plan is exposed, run it through our free commission plan health check.
How Prowi handles corrections
Prowi calculates commission live from your CRM and ERP data, so reps see the same numbers finance sees. Corrections and clawbacks are added as separate lines on the rep's statement instead of edits to old periods, and every statement goes through approval before the amount is added to the rep's balance and passed on to payroll. Book a demo to see how a correction flows from the CRM to payroll.
FAQ
Can my employer take back commission they paid me by mistake?
Often yes, but the method is regulated. In the UK, recovering an overpayment of wages is an exception to the unlawful deductions rule. In the US, it depends on state law and often on your written authorisation. In most of the EU, it usually needs your agreement or a clear legal basis. In all cases, you should be told first.
Can an employer deduct a commission overpayment from my final paycheck?
It depends on where you work. In many US states, a deduction from the final paycheck needs written authorisation, and final pay deadlines are set by state law. In the UK, a genuine overpayment of wages can be recovered from final pay. Elsewhere in Europe, the protected minimum and consent rules apply. Ask local employment counsel if you are unsure.
What is the difference between a commission overpayment and a clawback?
An overpayment is money the plan never entitled the rep to, usually because of an error. A clawback recovers commission that was earned under the plan but lost because a condition failed, such as the customer cancelling. Clawbacks need a clause agreed in advance; overpayments are corrections.
How long does an employer have to recover overpaid commission?
There is no single answer. Limitation periods and look-back limits vary by country and US state, and some regulations, such as New York's, limit how far back a deduction can reach. A time limit in the commission plan, such as 12 months, is good practice for both sides.
Should a commission plan have an overpayment clause?
Yes. A clause that says errors are corrected both ways, how the rep is told, how much can be offset per period and what happens on leaving is the strongest footing for recovery in most countries. Start from our clawback policy template.
Sources
- US Department of Labor, Wage and Hour Division: Fact Sheet #16, Deductions from wages under the FLSA
- US Department of Labor: Last Paycheck
- US Department of Labor: State Resources (state labor offices)
- California Labor Code § 2751 and § 221
- Steinhebel v. Los Angeles Times Communications, LLC (Cal. Ct. App. 2005)
- New York: 12 NYCRR 195-5.1, Deductions for overpayments
- UK Employment Rights Act 1996, sections 13, 14 and 27
- GOV.UK: Deductions from your pay
- Acas: Handling overpayments
- ILO Protection of Wages Convention, 1949 (No. 95)
- Directive (EU) 2019/1152 on transparent and predictable working conditions
- Sweden: Lag (1970:215) om arbetsgivares kvittningsrätt (in Swedish)
- Germany: § 394 BGB (in German)
- Prowi jobstore: 2,375 open sales job ads from 879 employers (recruitment agencies excluded), collected 29 October to 2 November 2026; 517 ads state that the role pays commission or OTE. Aggregate keyword analysis in English and the main European languages; no employer is named.
This article is general information, not legal advice. Rules change and differ by country and state. Check with local employment counsel before deducting anything from pay.