Hi
It would appear that they are legal as long as the 'sales person' is acting as a contractor and invoices the business for the commission they are due. The sales person must pay all their own NI and tax and would need to be registered as self employed.
If the sales person is treated like an employee and given any of the various benefits of employment (ie holidays, sickness etc) and they have not registered as self employed then they could be deemed an employee of the company and then yes, they should receive minimum wage.
If HMRC were to investigate and decide that the person was an employee and they weren't being treated as one they could incur a hefty fine.
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