Final Assignment: Comparison of Canadian and Indian Hospitality Law

This report provides a comparative analysis of Canadian and Indian hospitality laws, focusing on key areas such as employment law, tort law, and the sale of alcohol. The introduction highlights the importance of understanding different legal systems for hospitality companies operating internationally. The report then delves into specific aspects of employment law, comparing regulations like the Employment Standards Act 2000 in Canada and the Factories Act 1948 in India, including differences in working hours. The section on tort law discusses how common law principles govern the hospitality sector in both countries, with emphasis on hotel duties in Canada and the concept of absolute liability in India. Furthermore, the report examines the regulations surrounding the sale of alcohol, comparing the Liquor Licence Act in Canada with the exercise department's role in India and the ban on online liquor sales in India. The conclusion summarizes the differences and similarities, emphasizing the importance of considering these factors to avoid legal consequences. The report references relevant legal documents and academic sources to support its analysis.

International
Hospitality Law

Introduction
• Different countries have different legal systems which
companies have to comply with.
• Hospitality companies have to comply with local laws while
operating their business overseas to avoid legal consequences.
• There are many similarities and differences between Canadian
and Indian Hospitality laws.

Employment Law
• The Employment Standards Act 2000 governs the employer-
employee relationship in Canada; whereas, the Factories Act
1948 provides employment provision in India.
• In both countries, employees can only work for 48 hours a
week and this time period can extend by an contract for which
employees receive additional pay ILO, n.d.).
• In Canada’s hospitality industry, employees works maximum
13 hours a day even in multiple shift; however, in India,
employees work for 9 hours a day or 10 ½ hours in case of
multiple shifts (Labour, 2016).

Tort Law
• Tort laws in hospitality sector of Canada and India are govern
by common law principles.
• A duty is owed by hotels in Canada in relation to maintaining
guests safety, avoid theft and assaults, control insect
infestation, maintain stairs and elevators and others
(Jayawardena, Pollard, Chort, Choi & Kibicho, 2013).
• The concept of ‘absolute liability’ applies on hotels in India
under which they can be held liable for injury suffered by
guests due to hazardous materials that are kept with
reasonable security.

Sale of Alcohol
• The Liquor Licence Act (LLA) provides licences for
manufacturing, delivery and sale of liquor in Canada.
• Another relevant law is Intoxicating Liquors Act (ILA) 1928
which provides provisions for transportation, import and
release of intoxicated liquor (Stockwell et al., 2012).
• In India, the exercise department of states provide the liquor
licence.
• Online sale of liquor is ban in India which is not the case in
Canada (Hindustan Times, 2016).

Conclusion
• In conclusion, there are both differences and similarities in
Canadian and Indian hospitality law.
• These differences affects the business of hospitality
companies operating in these nations.
• They have to take these factors into consideration to avoid
legal consequences.

References
• Hindustan Times. (2016). When online liquor sale ‘start-up’ delivered to cops,
and got arrested. Retrieved from
https://www.hindustantimes.com/punjab/how-to-sell-liquor-online-and-get-
arrested-get-talli-lesson-chandigarh/story-LYRz9tEfbSnmw2VIj2D0VJ.html
• ILO. (n.d.). The Factories Act, 1948. Retrieved from
https://www.ilo.org/dyn/natlex/docs/WEBTEXT/32063/64873/E87IND01.ht
m
• Jayawardena, C., Pollard, A., Chort, V., Choi, C., & Kibicho, W. (2013). Trends
and sustainability in the Canadian tourism and hospitality
industry. Worldwide Hospitality and Tourism Themes, 5(2), 132-150.
• Labour. (2016). Standards. Retrieved from
https://www.labour.gov.on.ca/english/about/cwr_interim/chapter_5_3.php
• Stockwell, T., Zhao, J., Giesbrecht, N., Macdonald, S., Thomas, G., &
Wettlaufer, A. (2012). The raising of minimum alcohol prices in
Saskatchewan, Canada: impacts on consumption and implications for public
health. American journal of public health, 102(12), e103-e110.