Does Desi District provide suggested staffing levels to the franchisee to assist in hiring employees?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
5.2 Assistance in Hiring Employees. Desi District Franchise Group shall provide its suggested staffing levels to Franchisee. Desi District Franchise Group shall provide suggested guidelines for hiring employees. All hiring decisions and conditions of employment are Franchisee's sole responsibility.
- (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.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to Desi District's 2024 Franchise Disclosure Document, Desi District will provide suggested staffing levels and guidelines for hiring employees to franchisees. However, the FDD states that all hiring decisions and employment conditions remain the sole responsibility of the franchisee. This means that while Desi District offers guidance, the franchisee ultimately decides on staffing and manages all aspects of employment.
Desi District may also set minimum qualifications for different employee categories. The franchisee is responsible for all employment terms, including recruiting, hiring, training, scheduling, compensation, and termination. The franchisee is also responsible for the actions of their personnel.
This arrangement means that Desi District franchisees have significant autonomy in managing their staff but must also bear the full responsibility for employment-related matters. Franchisees must acknowledge that they are the sole employer and ensure all employment documents reflect this. This is a common arrangement in franchising, where the franchisor provides operational guidance, but the franchisee manages the workforce.