International Hospitality Law: Canada vs India (HOSP8110 Assignment)

This report provides a comparative analysis of hospitality laws in Canada and India, addressing key differences across several areas. It examines the legal frameworks governing the service and sale of alcohol, highlighting variations in licensing and online sales. The report then delves into contract law, discussing the application of common law principles and the treatment of exclusion clauses. Furthermore, it explores employment law, comparing regulations related to working hours, including daily and weekly limits, and break times. The conclusion emphasizes the importance of understanding these legal nuances for hospitality businesses operating in both countries to ensure compliance and facilitate successful market growth. The report references relevant legislation and academic sources to support its findings.

International
Hospitality
Law

Introduction
 There are many differences in the hospitality
laws of Canada and India which hospitality
companies have to take into consideration.
 When hospitality companies manage these
operations in either of these nations, then
violation of these laws could lead to legal
penalties.
 Recognition and understanding of hospitality
laws are necessary to effectively conduct
business operations in hospitality industry.

Service and Sale of
Alcohol
 Intoxicating Liquors Act 1928 provides provision for
companies for selling, transporting, importing and
delivering liquor in Canada (Popova et al., 2012).
 The Liquor Licence Act also provides provisions for
alcohol possession and licensing in Ontario.
 In India, no statute is implemented by the
government specifically for issuing alcohol selling
license (Schibach, 2019).
 These license are given by state exercise
department.
 Online sale of alcohol is ban in India whereas hotels
in Canada can offer online delivery of alcohol.

Contract Law
 Hospitality contracts in Canada and India are
governed by common law.
 Certain elements are necessary to be present in
both countries to constitute a valid contract
which include offer, acceptance, consideration
and legality (Geary, Jardine, Guebert & Bubela,
2013).
 Exclusion clause in Canada is known as unfair
term in India which hotels have to brought into
attention of guests or include in a written
contract to constitute as valid.

Employment Law
 As per employment law in Canada, employees
in hospitality companies can only work for 13
hours a day even in multiple shifts (Canada,
2019).
 In India, employees can work for 9 hours a day
or 10 ½ hours in multiple shifts.
 Both the countries have set 48 hours a week
limit for hiring employees which can be
increase by a prior contract.
 Break of 30 to 60 minutes is necessary in both
countries after working for four to five hours
(Lexology, 2018).

Conclusion
 To conclude, different hospitality laws govern
operations in Canada and India.
 These laws are different in relation to contract
law, employment law and sale of alcohol.
 Compliance with these policies assist
companies in eliminating legal penalties and
sustain their growth in the market.

References
 Canada. (2019). Hours of work. Retrieved from
https://www.canada.ca/en/employment-social-development/program
s/employment-standards/federal-standards/work-hours.html
 Geary, J., Jardine, C. G., Guebert, J., & Bubela, T. (2013). Access and
benefits sharing of genetic resources and associated traditional
knowledge in northern Canada: understanding the legal environment
and creating effective research agreements. International journal of
circumpolar health, 72(1), 21351.
 Lexology. (2018). Employment & labour law in India. Retrieved from
https://www.lexology.com/library/detail.aspx?g=fa2fb547-5828-419a-
bd3b-4ef01b612643
 Popova, S., Patra, J., Sarnocinska‐Hart, A., Gnam, W. H., Giesbrecht,
N., & Rehm, J. (2012). Cost of privatisation versus government
alcohol retailing systems: Canadian example. Drug and alcohol
review, 31(1), 4-12.
 Schilbach, F. (2019). Alcohol and self-control: A field experiment in
India. American Economic Review, 109(4), 1290-1322.