Who is responsible for the terms and conditions of employment of all personnel at a Fly To Fit franchise?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- (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 Fly To Fit Franchise are not joint employers, and no employee of Franchisee will be an agent or employee of Fly To Fit Franchise. Within seven days of Fly To Fit Franchise's request, Franchisee and each of its employees will sign an acknowledgment form stating that Franchisee alone (and not Fly To Fit Franchise) 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 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, the franchisee is solely responsible for the terms and conditions of employment for all personnel. This includes all aspects of employment such as recruiting, hiring, training, scheduling, supervising, compensation, and termination. The franchisee is also solely responsible for all actions of their personnel.
Fly To Fit emphasizes that the franchisee and Fly To Fit are not joint employers, and no employee of the franchisee will be considered an agent or employee of Fly To Fit. To ensure clarity, Fly To Fit requires that the franchisee and each of its employees sign an acknowledgment form stating that the franchisee alone is the employee's sole employer. This is a standard practice in franchising to maintain a clear distinction between the franchisor and franchisee's employees.
The franchisee must use its legal name on all documents related to employees and independent contractors, including employment applications, time cards, paychecks, and agreements, and must not use Fly To Fit's trademarks on any of these documents. While Fly To Fit may set minimum qualifications for certain employee categories and provide suggested staffing levels and hiring guidelines, the ultimate responsibility for all employment-related decisions rests with the franchisee.