What does the Engel & Volkers franchise agreement state regarding the franchisee's responsibility for deduction and remittance of income taxes for their staff?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
contractors, and Sales Advisors. Franchisee understands and agrees that Franchisor is not a party to Franchisee's employment contracts (neither as sole, nor as a joint employer) with its own staff and Sales Advisors, and Franchisee shall be solely liable for fulfillment of these contracts in every respect (e.g., deduction and remittance of income taxes, social security contributions, etc.). None of Franchisee's employees, contractors or Sales Advisors will be considered to be Franchisor's employees and Franchisee acknowledges that Franchisor is not in a position to exercise control over Franchisee's employees, contractors or Sales Advisors. Neither Franchisee nor any of its employees, contractors or Sales Advisors whose compensation it pays may in any way, directly or indirectly, expressly or by implication, be construed to be Franchisor's employee for any purpose, including with respect to any mandated or other insurance coverage, tax or contributions, or requirements pertaining to withholdings, levied or fixed by any city, state or federal governmental agency. Franchisee expressly agrees, and will never contend otherwise, that Franchisor's authority under this Agreement to certify certain of Franchisee's employees, contractors or Sales Advisors for qualification to perform certain functions for Franchisee's franchised Business does not directly or indirectly vest in Franchisor the power to hire, fire or control any such employee, contractor or Sales Advisor.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, the franchisee is solely responsible for the deduction and remittance of income taxes for their staff and sales advisors. Engel & Volkers is not a party to the franchisee's employment contracts and will not be held liable for fulfilling these contracts. This includes all aspects of employment, such as income tax deductions, social security contributions, and other related obligations. Engel & Volkers franchisees must understand that they are entirely responsible for all employment-related liabilities.
Engel & Volkers emphasizes that the franchisee has exclusive control over their employees, including hiring, scheduling, compensation, and discipline. The franchisor does not have the authority to control these aspects of the franchisee's staff. This reinforces the independent contractor relationship between the franchisee and Engel & Volkers, ensuring that the franchisee is responsible for all employment-related matters.
This arrangement is typical in franchising, where franchisees are considered independent business owners. Franchisees must comply with all applicable labor laws and regulations, including proper tax withholding and remittance. Prospective Engel & Volkers franchisees should consult with legal and financial professionals to ensure they understand their obligations as employers.