Section R6-3-55415. Self-employment or other work (Total and Par- tial Unemployment 415)

Salesman, commission (T.P.U. 415.3)

1.        The primary issue created when a claimant accepts sales work  on  a  straight  commission  basis  is  that  of  his

employment status. It must be determined whether or not he is considered unemployed and potentially eligible for benefits. The eligibility of a commission salesman must be determined from the standpoint of the particular job as well as the intent of the claimant in engaging in selling activities.

2.        If a claimant’s training, experience, or work history qual- ify him as a salesman, he may be considered employed and ineligible for benefits if he engages in selling activi- ties. Each such case must be judged on the basis of the facts.

3.        A claimant who has lost his customary work and engages in commission sales work, only as a stop-gap measure until work more suited to his training and experience becomes available, is not ineligible solely on the basis of engaging in commission selling.

4.        A claimant performing services as a commission sales man, who receives commission payments in an amount less than his weekly benefit amount, may be considered unemployed if:

a.        The number of hours spent on the job is restricted to less than full time by his employer; or

b.        It is neither customary nor practical in the commu- nity to devote full time to the selling activities; or

c.        Regardless of the number of hours devoted to the activity, the selling is stop-gap, odd job work outside the customary occupation for which he is qualified and his acceptance of the work will not preclude his obtaining employment more suitable to his experi- ence and training.

5.        If a claimant engaged in commission selling is deter- mined to be unemployed he must also meet the test of availability. Refer to R6-3-52160(A) of these rules.

6.        Commission payments should be allocated, as other wages, to the week in which the services were performed. However, certain circumstances sometimes arise which make it impossible for the claimant to determine the amount of wages earned during a given week or whether they will be paid. In such cases the claimant may report commissions as earnings for the week in which they are payable.

Historical Note

Former rule number -- Total and Partial Unemployment

415. - 415.3. Former rule repealed, new Section R6-3- 55415 adopted effective January 24, 1977 (Supp. 77-1). Amended effective November 28, 1977 (Supp. 77-6). Amended effective May 8, 1979 (Supp. 79-3). Amended paragraph (4), subparagraph (c) effective November 24,

1982 (Supp. 82-6).