Young employees play a major role in the hospitality industry. Sometimes a young person wants a part-time job in food service just to earn a bit of pocket money. The part-time job can lead to a lifetime attachment to the industry and start many young people on an exciting career path.
As of December 14, 2003, new rules provide greater flexibility in the employment of young people. However, employers who violate these rules may face penalties up to $10,000.
If you wish to employ a child under the age of 15, you must obtain the written permission of the child’s parent or guardian. In order to employ a child under 12 years of age, the employer must also obtain a permit from Employment Standards, who may also set the conditions of employment for the child.
Hours of work
You may not ask the child to work when he or she should be in school. No shifts should be scheduled that conflict with the regular school day. When school is in session, a child may work up to four hours on a school day, to a maximum of 20 hours per week.
During vacation times or when school is not in session, a child may work up to seven hours per day to a maximum of 35 hours per week. If an employer wants a child to work longer hours, the employer must contact the Employment Standards Branch to obtain approval from the Director for the longer hours. The Employment Standards Branch will want to know why it is necessary for the child to work the longer hours and will assess the possible impact on the child's health, safety and welfare.
Direct and immediate adult supervision
Children must be under the direct and immediate supervision of an adult at all times while they are working. This means that a child cannot be left alone to "mind the store." It also means, for example, that a child cannot be sent out onto the street to promote the business wearing a sandwich board unless there is a responsible adult with the child or within in a direct line of sight.
It’s very important to note that "under direct and immediate supervision" does not just mean that there is an adult present while the child works. The adult must take an active part in assuring that the child is safe and supervised at all times. When assigning a task to a child, you must ensure that the task is safe and supervised.
It is also good idea to have advance arrangements made to assure that the child has a safe ride home, especially when a shift ends after dark.
In the food service industry, if the business has a liquor license, it is important to check with the Liquor Control and Licensing Office in to ensure compliance with any special regulations that may apply to young employees.
Application of the ESA to young employees
All the provisions of the ESA apply to the young employee. He or she is entitled to receive no less than minimum wage, vacation pay, statutory holiday pay (if applicable), overtime if overtime hours are worked (and prior approval from the Director has been received), as well as compensation for length of service if the child is terminated without notice or cause. The child’s earnings are subject to the same statutory deductions as the older employees, such as income tax and EI.
For further information concerning special provisions for the employment of children in the entertainment industry, visit Employment Standards Act - Division 2 – Children in Entertainment Industry and Employment Standards Branch - General Employment of Young People Fact Sheet.
Adapted from BC Restaurant News (Dec 2003/Jan. 2004). Last updated April 30, 2011. Information provided by HARRIS & COMPANY. For more information about HARRIS & COMPANY, please visit harrisco.com.
