Hiring teenagers in an Ontario restaurant: 14 for the dining room, 15 for the kitchen

Every restaurant that hires for summer or after-school shifts takes on young workers, and the rules are not in one place. The minimum ages come from health and safety regulations. The wage and breaks come from the Employment Standards Act. The school-hours rule comes from the Education Act. Pulling them together gives you one clear checklist.

What is the minimum age for a restaurant job in Ontario?

The Ministry of Labour lists minimum ages under the Occupational Health and Safety Act regulations:

• 15 for factories, a group that includes restaurant kitchens, repair shops and warehouses
• 14 for other industrial establishments, including offices, stores, arenas and restaurant serving areas

So a 14-year-old can work in your serving area, hosting, clearing tables or running food, and a 15-year-old can work in the kitchen. The regulations set 16 for logging and construction and 18 for some mining and window cleaning, none of which a restaurant will meet. An employer can set a higher age in its own policy.

What about school hours?

Employers are also prohibited from employing children under 16 during school hours. This is under the Education Act, not the Employment Standards Act. A student aged 14 or older may be excused from school, or attend part-time, for a supervised alternative learning program that includes employment. A school-hours shift on a Tuesday morning is a question for the school, not a scheduling decision.

Is there a student minimum wage?

There is a student minimum wage. It applies to students under 18 who work no more than 28 hours a week when school is in session, and to students under 18 who work during a school holiday such as summer or March break. If a student works more than 28 hours in a school week, the general rate applies for the time. See the current rates in Ontario minimum wage for restaurants.

Do young workers get the same protections?

Yes. The government describes a young worker as an employee under 25, and most have the same Employment Standards Act rights as anyone else. That includes overtime pay for hours beyond 44 in a week, a 30-minute eating period after five hours in a row and the three-hour rule, with some exceptions for students at children's camps or teaching children. The rules are set out in the shift rules guide.

What about tips?

Young staff share tips under the same rule as everyone. See Ontario's tip law.

What should you do before the summer?

1. Check each hire's age and keep the record on file.
2. Put the under-15s on the floor, not the line.
3. Build schedules around school hours and the 28-hour weekly cap for the student rate.
4. Train young hires on knives, hot oil, slips and allergens before they start, and write down the training.
5. Apply the health and safety rules to young hires from day one: see workplace violence and harassment policies.
6. Add a job ad that follows Ontario's job posting rules if you have 25 or more staff.

What should a first week look like for a 14-year-old?

Keep it simple and written down. A short paid orientation, a clear list of tasks that stay in the dining room, a named person to ask, supervised breaks and a shift that ends well before late-night service. Teach hand-washing, slip risks and how to carry plates and trays before the first rush. Give the parents a copy of the schedule. None of that is spelled out in the age rules, but it is how a restaurant keeps a young worker safe and makes sure they come back next summer.

What should you ask the Ministry about young workers?

Ask about the minimum working age under the Employment Standards Act, rules on night work for young workers and what proof of age you can request. If you have a specific question, such as a 14-year-old closing the dining room, call the Ministry's Employment Standards Contact Centre.

More in the Canadian guides for food businesses.