A
A
Andrey Golumenov2014-04-09 15:07:50
Freelance
Andrey Golumenov, 2014-04-09 15:07:50

What subtleties exist when concluding an employment contract with payment in% of sales from the site?

Essence in the following:
I am a programmer, I work in firm N under the work book. Those. with an official salary, payment of taxes, etc.
At the same time, employers do not prohibit me from additional part-time work if I do not work for competitors, or disclose trade secrets, etc.
On the Internet, I found a couple of comrades who decided to put together a small team. The team will be engaged in the development, promotion of the online store, as well as direct sales. We agreed that my duties would be to develop the server part of the online store, tie the whole thing to the templates, and modify the server part if necessary, while I will have 15% of the income from future sales of this online store.
The head of this team acts as an individual, I am also an individual.
What are the subtleties and pitfalls when concluding such kind of employment contracts and where can I see a template with such an agreement?

Answer the question

In order to leave comments, you need to log in

2 answer(s)
R
Ruslan, 2014-04-09
@Golumenov

Legally, in my opinion, you described the shadow business. It can legally sell something from an online store, either an individual entrepreneur or an LLC (and other organizations). If an individual performs actions aimed at systematic profit, then this looks like illegal business.
About the pitfalls:
1. The team exists only by agreement (but not legally). Accordingly, it is not clear to whom you are hired (in the legal sense) to work (if all are individuals).
2. Again, your 15% of income can be interpreted in any way. It can be 15% from income, or 15% from "income-expenses", and so on.
3. In addition to the percentage, you would also ask for a certain fix for the work (either a fix per month, or a fix per hour). You see, sales in e-commerce depend on many factors. In a simplified version, this is (traffic) * (conversion). That is, the number of visitors multiplied by the percentage of those who bought the product. The first parameter depends on SEOs and / or people setting up contextual advertising, and others. The second depends on the designer, web analysts, product prices. In short, your 15% of sales is very hard for you as a server programmer to influence. If the aforementioned specialists are not very competent, you can get 15% of zero by wasting your energy.

D
Dmitry T., 2014-04-10
@tyzhnenko

Create an LLC, decide to whom and how much% belongs. Form the authorized capital.
Further, the LLC can pay dividends to its founders, as well as bonuses (ZP) depending on income (profit) if you register as an employee for your LLC.

Didn't find what you were looking for?

Ask your question

Ask a Question

731 491 924 answers to any question