Key legal question
Whether the salary of a commercial traveler may be reviewed by the court in all cases under Art. 9 LEVC.
Extracted holding
As a rule, the parties are free to fix the salary; judicial review is allowed only when the remuneration consists mainly or exclusively of commissions, and then only to ensure that it is appropriate.
Extracted reasoning
Art. 9 LEVC protects the traveler, but only against arrangements where the employer promises mainly or only commissions that later prove insufficient. Outside that situation, contractual freedom remains intact, subject to the general provisions of the Code of Obligations, especially Arts. 19 ff. CO.