I work for a software company in Toronto, Canada. We are a small
company and have not been profitable for the last 10 years (we are
funded by personal investment). I take care of all sales and marketing
and activities, and am effectively the
only sales person. Our fikscal year ended September 30 and last year I
generated more sales revenue for the company than in any previous
year, and more than any other sales person than the company has had
before.

My CEO has just written me a letter stating that he is setting a sales
quota for me that is roughly 4 times my total sales of the previous
year. He has said that if I do not meet my sales quota my commissions
will drop from 10% to 7.5 percent. I have been recieving a straight
10% commission on all sales since I first started with the company 3
1/2 years ago, and this was the basis for my taking the job in the
first place. The amount of the sales quota is
unreachable, so he has effectively given me a pay decrease on my
commissions.

Can he do this? Is this legal, and if not, what law can I reference to
bolster my argument against this.

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Request for Question Clarification by haversian-ga on 29 Oct 2002 11:43 PST

Do you have a contract?  If there's just an informal agreement between
you and the CEO, (s)he's informally changed it - take the pay cut or
leave.  Canadian law may have some blanket protections for you, but
it's unlikely to be worth your time pursuing them.  If you've got a
contract, post it here and we'll have a look.

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Clarification of Question by mjaine-ga on 29 Oct 2002 12:59 PST

I don't have a signed contract, just a letter from the company stating
that that is the current scenario. Thanks very much for your help, but
it sounds like I s.o.l.- bummer.

Thanks!

I don't think there's anything you can do. (although in one of my
previous jobs, I had heard the same sort of rumour. Can't cut your
pay, even if they demote you. Never saw any sort of verification,
though.)
I'm not posting this as an answer as it doesn't answer the question
really.

"Are there rules in the ESA about wage increases or wages?
The ESA does not address wage increases or wages except minimum wage."
from FAQ-Ontario Ministry of Labour
http://www.gov.on.ca/LAB/esa/esa_e/fs_faq_e.htm

All your info on Ontario labour laws will be found at:
http://www.gov.on.ca/MBS/english/government/working.html

You can also call the Ontario Ministry of Labour's Employment
Standards Information Centre at:
416-326-7160 or
1-800-531-5551

Personal thoughts: You may be able to pursue this as some sort of
unjust or without cause action or discrimination against you.

Personal recommendation:The company hasn't been profitable for 10
years. Get out while you can. Don't let them drag you down.


Search Strategies:
Went to http://gov.on.ca and clicked on English, then clicked on
working in the "your government" column.