Problem przenikania cech stosunku pracy do umów franchisingowych

Abstract

The chapter deals with similarities between employment contract and franchising contract, that lead to mixing up the range of those two contracts. The new tendencies in franchising include strengthening of franchisee subordination, which becomes similar to employees situation. A franchisee is very often obliged to run his business on time of the day determined by a franchisor. In many contracts franchisor has the right to decide about crucial issues of franchisee’s business, e.g. suppliers of goods to trade, organization of shop or restaurant. This makes the situation of franchisee similar to employee-manager of the business. The last feature, that doesn’t fit to employment status is economical risk, bore by franchisee. Further restrain of that crucial feature may soon cause a labour court’s judgment, stating that franchising contract is apparent, hiding labour contract, that is real base of parties cooperation.