Is there a limit on who a Desi District 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 Desi District's 2024 Franchise Disclosure Document, Desi District Franchise Group may set minimum qualifications for categories of employees employed by the franchisee. This indicates that there may be some limitations or requirements regarding who can be hired, depending on the specific role. However, the franchisee is still solely responsible for the terms and conditions of employment, including recruiting, hiring, training, scheduling, supervising, compensation, and termination of all personnel.
This means that while Desi District may specify minimum qualifications, the ultimate decision on who to hire rests with the franchisee. The franchisee is also responsible for the actions of their personnel. Desi District and the franchisee are not considered joint employers, and the franchisee's employees are not agents or employees of Desi District Franchise Group. The franchisee must also ensure that they use their legal name on all employment-related documents and not use the Desi District marks on these documents.
Furthermore, Desi District Franchise Group may require the Principal Executive and/or any other employees to complete training programs at any time, in any format, and in any location determined by them. The franchisee may be charged a reasonable fee for these training programs and is responsible for all travel, living, and other expenses if the training program requires travel. Therefore, a prospective franchisee should clarify what minimum qualifications Desi District Franchise Group may set for on-premises supervisors and other employees, as well as the extent and cost of required training programs.