Casual legal: Employment standards for minor workers
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
By Andrew Skeith
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
Municipalities may, on occasion, employ persons under eighteen years of age, known as “minors”, to perform work tasks on a part time, casual, or seasonal basis.
There are unique restrictions that apply when hiring minors to perform work. Any minors who are currently required to attend school cannot be required to perform work during regular school hours, except if the individual is enrolled in an off-campus education program.
No individual under the age of 15 years may be employed without the written consent of the individual’s parent or guardian. There are also very specific restrictions on the places of work that individuals aged 13-14 are permitted to work, including food service employees, and clerks or messengers in an office, and further restrictions on the hours of work for such individuals.
Even when employing minors over the age of 15, it is a good practice to ensure that their parents and/or guardians are aware and sign a consent form to ensure that all parties are informed that the minor is performing work and the expectations and hours of that work.
For individuals aged 15-17, there are restrictions on the hours of work permitted to be worked, which generally prohibit any work after 12:01 am to the following 6 am unless the parent or guardian otherwise provides written consent and they work in the presence of another person over the age of 18. In retail, hotels, and food service businesses, similar considerations apply for work carried out after 9 pm.
Additionally, all other protections and standards set out in the Employment Standards Code continue to apply to minors performing work. Overtime, hours of work, vacation, protected leaves, and all other normal protections available to workers over the age of majority apply to minor workers. Municipalities should ensure that they are not treating minor workers differently to ensure they remain compliant with the Employment Standards Code.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
