For a Desi District franchise, is there a limit on who the franchisee can hire as an on-premises supervisor?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
- (d) Qualifications.
Desi District Franchise Group may set minimum qualifications for categories of employees employed by Franchisee.
- (e) Sole Responsibility.
Franchisee is solely responsible for the terms and conditions of employment of all of its personnel, including recruiting, hiring, training, scheduling, supervising, compensation, and termination.
Franchisee is solely responsible for all actions of its personnel.
Franchisee and Desi District Franchise Group are not joint employers, and no employee of Franchisee will be an agent or employee of Desi District Franchise Group.
Within seven days of Desi District Franchise Group's request, Franchisee and each of its employees will sign an acknowledgment form stating that Franchisee alone (and not Desi District Franchise Group) is the employee's sole employer.
Franchisee will use its legal name on all documents with its employees and independent contractors, including, but not limited to, employment applications, time cards, pay checks, and employment and independent contractor agreements, and Franchisee will not use the Marks on any of these documents.
- 7.6 Post-Opening Training. Desi District Franchise Group may at any time require that the Principal Executive and/or any other employees complete training programs, in any format and in any location determined by Desi District Franchise Group.
Desi District Franchise Group may charge a reasonable fee for any training programs.
Desi District Franchise Group may require Franchisee to provide training programs to its employees.
If a training program is held at a location which requires travel by the Principal Executive or any other employee, then Franchisee shall pay all travel, living and other expenses.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD page 43)
What This Means (2024 FDD)
According to the 2024 Desi District Franchise Disclosure Document, Desi District Franchise Group may set minimum qualifications for categories of employees employed by the franchisee. This indicates that while the franchisee is responsible for hiring, Desi District can establish minimum standards that could impact who the franchisee is able to hire as an on-premises supervisor.
However, the franchisee maintains sole responsibility for the terms and conditions of employment, including recruiting, hiring, training, scheduling, supervising, compensation, and termination of all personnel. The franchisee is also solely responsible for all actions of its personnel. This means that while Desi District may set minimum qualifications, the franchisee is ultimately in charge of the employment decisions and liable for their employees' conduct.
Furthermore, Desi District may require the Principal Executive and/or any other employees to complete training programs. This could indirectly influence hiring decisions, as the franchisee might prefer candidates who already meet the standards or show potential to succeed in the required training. It is important to note that the franchisee is responsible for all travel, living, and other expenses associated with these training programs.