Amendment ID: S2546-9

Amendment 9

Franchise Exemption

Messrs. Feeney, O'Connor and Timilty move that the proposed new draft be amended in section 5, in proposed subsection (a) of section 148E of chapter 149, by striking out the definition of “Labor contractor” and inserting in place thereof the following 4 definitions:-

““Franchise,” any employer that is part of a chain of establishments operating under the same brand name that is: (i) an integrated enterprise which owns or operates 2 or more establishments nationally; or (ii) an establishment operated pursuant to a franchise where the franchisor and the franchisees own or operate 2 or more establishments nationally.

"Franchisee," a person or entity to whom a franchise is offered or granted.

"Franchisor," a person or entity who grants a franchise to another person or entity.

“Labor contractor”, a person or entity who obtains, engages or provides 1 or more individuals to perform labor, with or without a written contract, directly or indirectly, to a lead contractor or from a labor subcontractor.”; and

in said section 5, by inserting after the word “times”, in line 71, the following words:- “, unless the lead contractor individually or through franchisor or franchisee relationships, employees more than 11 people”.