Franchising as an asymmetrical business network: an intrusion into the franchisee’s managerial prerogatives?

RODRÍGUEZ L.G. · Trabajo y Derecho (2026)

Resumen

In franchise agreements, franchisors —seeking to safeguard their brand’s reputation— typically specify in detail the methods, know-how, and procedures aimed at standardizing the franchisee’s operations with their own, as well as monitoring their implementation. This situation often has a significant impact on the franchisee’s employees, as it may affect aspects related to personnel selection and the organization of work, including issues concerning supervision and disciplinary measures. With this background, the article examines the labor implications of this business model and proposes specific evaluative parameters to assess the validity of the franchise from a labor-law perspective and the potential attribution of liabilities to the franchisor.