Alex What are my rights as a franchisee?
Within a franchise agreement the franchisee is granted the legal right to establish a franchised outlet and operation wherein the franchisee, among other things, obtains the license and right to utilize the franchisors trademarks, trade dress, business systems, operations manual and sources of supply in offering and …
How important is the legal rights of the franchisee?
Without proper legal works, a business won’t be able to jumpstart any form of legitimate transaction. In terms of franchising, one of the most important legal documents is the franchise legal agreement. This document legally forges the relationship between a franchisor and a franchisee.
Can a franchisor consider a franchisee an employee?
Independent contractors are not considered employees.” Franchisees are independent operators and franchisors must be mindful to not cross the line by treating them as employees. Exercising too much control over the franchisee’s business can be interpreted as a joint employer relationship.
What should be included in a franchise agreement?
The franchise agreement should also include procedures where a franchisor can check on how a franchisee is handling their employees, for example: interviewing employees personally; undertaking audits of employee work conditions; or. requesting regular reports from the franchisee setting out some key criteria for compliance with employment laws.
Where can I get an employment agreement for a franchise?
If you have any questions or need assistance drafting an employment agreement for your franchise business, get in touch with our franchise lawyers on 1300 544 755. Your trade mark is one of the most valuable assets of your business.
Can a McDonald’s franchisee control an employee?
Simply put, it wasn’t as heavy-handed as McDonald’s when it came to controlling franchise employees. Under the Freshii’s franchise agreement, the franchisor’s standards don’t include personnel policies or procedures. Freshii does share its personnel policies with franchisees, but it’s up to each franchisee to decide whether to use them.
Independent contractors are not considered employees.” Franchisees are independent operators and franchisors must be mindful to not cross the line by treating them as employees. Exercising too much control over the franchisee’s business can be interpreted as a joint employer relationship.
The franchise agreement should also include procedures where a franchisor can check on how a franchisee is handling their employees, for example: interviewing employees personally; undertaking audits of employee work conditions; or. requesting regular reports from the franchisee setting out some key criteria for compliance with employment laws.
Simply put, it wasn’t as heavy-handed as McDonald’s when it came to controlling franchise employees. Under the Freshii’s franchise agreement, the franchisor’s standards don’t include personnel policies or procedures. Freshii does share its personnel policies with franchisees, but it’s up to each franchisee to decide whether to use them.
If you have any questions or need assistance drafting an employment agreement for your franchise business, get in touch with our franchise lawyers on 1300 544 755. Your trade mark is one of the most valuable assets of your business.