November 24, 2014
Dr. Dennis Cashman
Bowman Hotels International Focus Bowman Hotels is committed to going international. Based in Minneapolis, Minnesota, Bowman Hotel Chain and HR Representative Jason Galvan express interest expanding to India. There are many laws in India to consider when opening a hotel, and Bowman Hotels currently has approximately 25,000 employees and will be expanding roughly % 20 in India. It is imperative to develop an employment law compliance plan in order to proceed with full knowledge of the law and the consequences of noncompliance with these laws particular to India.
Bryan Ramirez: Clapton Commercial Construction When considering the legal framework in India, one must consider the “44 Central and a large number of State laws in the country.” (Sriniyasan, T.N, 2014, p. 101) Bryan will begin to focus on the overall encompassing central laws and should we adapt our focus to a more particular region we may proceed accordingly. Particularly we will be focusing on aspects of the law that will affect your hotel chain. The first aspect one may approach is that of sexual harassment. According to Veena, G., Ajay S. S., & Vikram S. (2013), “India finally enacted its law on prevention of sexual harassment against female employees at the workplace. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“Sexual Harassment Act”) has been made effective on April 23, 2013 by way of publication in the Gazette of India.” Being such a recent endeavor one may speculate it may beneficial to have the majority of employees trained and acclimated to this aspect. The more conscientious employees are to these legal guidelines, the more of a commodity they may become. “The Sexual Harassment Act stipulates that a woman shall not be subjected to sexual harassment at any workplace. As per the statute, presence or occurrence of circumstances of implied or explicit promise of preferential treatment in employment; threat of detrimental treatment in employment; threat about present or future employment; interference with work or creating an intimidating or offensive or hostile work environment; or humiliating treatment likely to affect the lady employee’s health or safety may amount to sexual harassment.” (Veena, G., Ajay S. S., & Vikram S., 2013) We henceforth gain a clear understanding regarding constituencies of this law. However, this law is not completely constituted in the workplace, the establishment may be responsible for a monetary penalty. “If an employer fails to constitute an Internal Complaints Committee or does not comply with any provisions contained therein, the Sexual Harassment Act prescribes a monetary penalty of up to INR 50,000 (approx. US$1,000). A repetition of the same offence could result in the punishment being doubled and / or de-registration of the entity or revocation of any statutory business licenses.“ These types of repercussions provide adequate deterrent from any individual or corporation disregarding the law. Next we will examine workman’s compensation act in lieu of ESIC act. “The workmen’s compensation act, 1923, aims to provide workmen and/or their dependents some relief in case of accidents, arising out of and in the course of employment and causing either death or disablement of workmen.” (Far, Z., 2006) If any worker is hurt on the job, disables, or worst of all involved in an accident resulting in death, they qualify for consideration of compensation. Unless “the workman has exposed himself to an added peril by his own imprudent act.” (Far, Z., 2006) If Bowman Hotels does not accept the extent of compensation withing 30 days, the e employee may submit an application to the labour officer. (Far, Z., 2006) This may in fact bring the employees complaint to trail! It is also important to consider how one may be pressed to consider