Working Hours Rules for Young Workers
Employing young workers is common in hospitality — kitchen porters, front-of-house assistants, baristas, and bar backs are often under 18. The work is legal and can be a valuable first step into employment. But the rules governing young workers' hours, rest periods, and permitted activities are significantly more restrictive than those for adults, and enforcement tends to be vigorous.
Getting young worker scheduling wrong carries outsized risk. The penalties are typically higher, the reputational damage is worse, and regulators are more likely to investigate proactively rather than waiting for complaints. This article covers the specific rules in the UK, EU, USA, Canada, and Australia, along with practical advice for scheduling and managing young workers compliantly.
Key Takeaways
- Rules are significantly stricter than for adults: Young workers face lower daily and weekly hour limits, longer mandatory rest periods, and outright prohibitions on night work in most jurisdictions.
- School-age and older young workers are treated differently: The distinction between under-16s (or the local compulsory education age) and 16-17-year-olds matters — school-age children face much tighter restrictions, especially during term time.
- Night work is banned or heavily restricted: The UK, EU, and most other jurisdictions prohibit or severely limit night work for under-18s. There are no opt-outs.
- Risk assessments are mandatory: Before a young worker starts, most jurisdictions require a specific risk assessment covering the tasks, equipment, environment, and supervision arrangements.
- Enforcement is rigorous: Regulators take young worker violations particularly seriously. Penalties tend to be higher, and enforcement is more proactive than for adult worker breaches.
Article Content
Why young worker protections exist
Young workers — typically those under 18 — are subject to stricter working hour rules than adults. The reasoning is straightforward: their bodies are still developing, education takes priority, and they lack the experience to recognise hazardous situations.
Employing young workers is common and perfectly legal, but the rules around their hours, rest periods, and permitted tasks are significantly more restrictive. Ignorance of these rules is not a defence, and enforcement tends to be vigorous where children and young people are concerned.
The regulatory framework for young workers rests on three principles that are consistent across virtually all jurisdictions. First, education must not be compromised — working hours are restricted during school terms and during hours when the young person should be in education. Second, health and development must be protected — longer rest periods, shorter maximum shifts, and night work bans reflect the fact that young bodies and minds need more rest than adults. Third, exposure to hazards must be limited — young workers are prohibited from many tasks that adults can lawfully perform, because they lack the experience to manage risks effectively.
For hospitality employers, these protections have direct practical consequences. A 16-year-old kitchen porter cannot be scheduled for the same hours as an adult colleague. A 15-year-old front-of-house assistant cannot work during school hours, cannot work at night, and is subject to much lower weekly hour limits during term time than during school holidays. These are not soft guidelines — they are hard legal limits with serious consequences for breach.
Best practices for employing young workers
- Verify age before scheduling — Confirm the worker's date of birth and apply the correct rules. The distinction between school-age children (under 16 in most jurisdictions) and older young workers (16-17) matters. Record the date of birth in your scheduling system so that the correct rules are applied automatically.
- Risk assess the role — Many jurisdictions require a specific risk assessment before a young worker starts. This should cover the tasks, equipment, working environment, and supervision arrangements. The risk assessment should be documented and reviewed whenever the young worker's duties change.
- Limit hours strictly — Schedule conservatively within the legal limits. Young workers fatigue faster and are more prone to errors. Just because a 17-year-old is legally allowed to work 8 hours does not mean an 8-hour shift is always appropriate for the role.
- Protect education time — Never schedule shifts that conflict with school or mandatory education. Term-time rules are typically much more restrictive than holiday rules. Build school timetable information into your scheduling system so that conflicts are automatically prevented.
- Ensure supervision — Young workers should not be left unsupervised, especially in their first weeks. Pair them with experienced staff who understand both the operational requirements and the regulatory restrictions.
- Keep records — Document hours worked, risk assessments, and any parental consent where required. These records are the first thing an inspector will ask for.
- Brief managers on the rules — The shift manager who schedules a 16-year-old for a closing shift that runs past midnight has created a compliance breach, even if they did not know the rules. Ensure every manager who schedules or supervises young workers understands the specific restrictions that apply.
- Review regularly — A young worker's status changes on their 18th birthday. Ensure your systems update accordingly, and review the scheduling rules that apply to each young worker at least annually.
The two categories: school-age children and older young workers
Most jurisdictions draw a clear line between two groups:
School-age children — generally under 16 (or under 15 in some EU member states and Australian states). These workers are still in compulsory education, and the rules reflect that. Working hours during term time are severely restricted — typically 2 hours per day on school days and 12 hours per week. During school holidays, the limits are more generous but still well below adult levels. Many jurisdictions require employment permits, parental consent, or both.
Older young workers (16-17) — these workers have typically completed compulsory education or are in its final stages. The restrictions are less severe than for school-age children but still significantly stricter than for adults. Daily and weekly hour limits are lower, rest periods are longer, and night work is prohibited or heavily restricted. No opt-out from these limits is available.
Understanding which category a young worker falls into is the essential first step. Getting it wrong — for example, applying 16-17 rules to a 15-year-old — is a serious compliance failure.
Country-specific rules
United Kingdom
The Working Time Regulations 1998 and the Children and Young Persons Act 1933 set strict limits:
Young workers (16-17):
- Maximum 8 hours per day and 40 hours per week. No opt-out is available.
- 30-minute rest break after 4.5 hours of work.
- 12 consecutive hours rest between working days (compared to 11 for adults).
- 48 hours uninterrupted rest per week (compared to 24 for adults).
- No night work — generally prohibited between midnight and 4am (or 10pm and 6am depending on the contract).
School-age children (under 16):
- Rules are set by local authority bylaws. Generally: no work during school hours, maximum 2 hours on school days, maximum 12 hours per week during term time.
- During school holidays: maximum 5 hours per day (age 13-14) or 8 hours per day (age 15).
- Local authorities may require an employment permit.
Additional UK detail:
The 40-hour weekly limit for 16-17-year-olds is absolute — there is no opt-out and no averaging period. This is a hard cap. An employer who schedules a 17-year-old for 42 hours in a single week is in breach, regardless of what happens in surrounding weeks.
The night work prohibition is subject to limited exceptions. In certain sectors (including hospitals, bakeries, and some retail), 16-17-year-olds may be permitted to work between midnight and 4am under specific conditions — but these exceptions are narrow and must be supported by risk assessment and adequate supervision. For the hospitality sector generally, the prohibition should be treated as absolute.
Employment permits and local authority involvement:
For children under 16, the local authority plays a significant role. Many local authorities require employers to obtain an employment permit before a child under 16 starts work. The permit application typically requires details of the work to be performed, the proposed hours, and the child's school. The local authority can refuse the permit if it considers the employment inappropriate or if the proposed hours conflict with education requirements.
Performance of specific duties is also restricted. Children under 16 cannot work in a kitchen where they might be exposed to heat, sharp implements, or hazardous chemicals. In practice, this means that many kitchen roles are not available to under-16s. Front-of-house roles with appropriate supervision are more commonly permitted.
Enforcement: Local authority children's services teams and education welfare officers enforce the rules for under-16s. For 16-17-year-olds, enforcement is through employment tribunals and the Health and Safety Executive. Penalties for employing school-age children in breach of local bylaws can include fines and, in serious cases, prosecution of the employer. Cases involving children attract media attention and reputational damage that is disproportionate to the size of the penalty.
European Union
The Young Workers Directive (94/33/EC) sets EU-wide minimums:
- Adolescents (15-17, no longer in compulsory education): Maximum 8 hours per day and 40 hours per week. No night work (defined by member states, but must include either midnight-4am or 11pm-7am). Minimum 12 hours consecutive daily rest and 48 hours weekly rest.
- Children (under 15 or still in compulsory education): Working is generally prohibited, with narrow exceptions for cultural, artistic, sporting, or advertising activities — subject to authorisation.
- Member states may set stricter rules. Germany prohibits employment of anyone under 15 almost entirely and limits 15-17-year-olds to 8 hours per day within the period 6am-8pm.
Member state variations:
- France: Young workers under 18 cannot work more than 8 hours per day or 35 hours per week (stricter than the Directive's 40-hour limit). Night work is prohibited between 8pm and 6am for workers under 16, and between 10pm and 6am for workers aged 16-17. Derogations are possible in certain industries (including hospitality and bakeries) but require specific authorisation. Rest breaks of 30 minutes are required after 4.5 consecutive hours.
- Germany (Jugendarbeitsschutzgesetz): Workers under 15 cannot be employed except in very limited circumstances (family businesses, newspaper delivery, farm work). Workers aged 15-17 are limited to 8 hours per day, 40 hours per week, and must work only between 6am and 8pm (with exceptions for specific industries — hospitality workers aged 16+ may work until 10pm, bakery workers from 5am). Rest breaks of 30 minutes are required after 4.5 hours, and 60 minutes after 6 hours. Saturday and Sunday work is restricted with compensatory days off required.
- Spain: Workers under 18 are limited to 8 hours per day, inclusive of time spent in training. Night work (between 10pm and 6am) is prohibited. Overtime is prohibited for under-18s. Rest breaks of at least 30 minutes are required after 4.5 consecutive hours.
- Italy: The minimum working age is 16 (completion of compulsory education). Workers aged 16-17 are subject to restrictions on hours, night work, and hazardous tasks. Night work is prohibited between 10pm and 6am (or midnight and 5am for cultural or artistic activities).
- Netherlands: Workers under 16 may perform light work during school holidays (maximum 7 hours per day, 35 hours per week). During term time, 13-14-year-olds can work limited hours (maximum 2 hours on school days). Workers aged 16-17 can work a maximum of 9 hours per day and 45 hours per week, but averaged over 4 weeks the maximum is 40 hours per week. Night work is restricted.
Mandatory risk assessment: The Young Workers Directive requires employers to conduct a risk assessment before a young worker begins employment. This assessment must consider the layout of the workplace, the nature and degree of exposure to physical, biological, and chemical agents, the arrangement of work processes and equipment, the level of training and instruction, and the young worker's physical and psychological capacity. This is not optional — it is a legal precondition of employment.
United States
The FLSA child labor provisions set federal minimums, with states free to impose stricter rules:
14-15-year-olds:
- Maximum 3 hours on a school day, 8 hours on a non-school day.
- Maximum 18 hours in a school week, 40 hours in a non-school week.
- Work permitted only between 7am and 7pm (extended to 9pm from June 1 to Labor Day).
- Prohibited from working in manufacturing, mining, and other hazardous occupations.
16-17-year-olds:
- No federal limits on hours worked per day or week.
- Still prohibited from 17 categories of hazardous work, including operating certain powered equipment.
State laws frequently impose additional restrictions. California, for example, limits 16-17-year-olds to 48 hours per week and restricts late-night work on school nights.
Hazardous occupations relevant to hospitality:
The FLSA's Hazardous Occupations Orders (HOs) are particularly relevant for hospitality employers. Under-18s are prohibited from:
- Operating power-driven bakery machines (HO 6) — including dough mixers, bread slicers, and batter mixers. This is a critical restriction for hotel and restaurant bakery operations.
- Operating power-driven meat processing equipment (HO 10) — including meat slicers, grinders, and saws. A 17-year-old deli worker cannot legally operate a commercial meat slicer.
- Operating power-driven paper products machines (HO 12) — including cardboard box compactors commonly found in restaurant receiving areas.
- Loading and unloading goods to and from trucks and railway cars (HO 15, limited) — though there are exceptions for light items.
- Cooking (HO 10, limited) — 16-17-year-olds may perform cooking duties that do not involve operating deep fryers (except with automatic basket-raising devices), grills, or broilers. This means a 17-year-old can work a saut station but generally cannot operate a deep fryer without safety equipment. The rules are nuanced and require careful review for each specific kitchen role.
The "student learner" and "work experience" exceptions:
Limited exceptions to hazardous occupation orders exist for student learners enrolled in approved vocational education programmes. These exceptions allow 16-17-year-olds to perform otherwise prohibited tasks under specific conditions: they must be enrolled in an approved programme, the work must be supervised by a qualified instructor, the student must have a schedule that clearly identifies the work to be performed, and a written agreement between the school, employer, and student must be in place.
State-level detail:
- California: 16-17-year-olds are limited to 8 hours per day and 48 hours per week. On school days, they cannot work more than 4 hours. They cannot work between 12:30am and 5am. Work permits are required and are issued by the school.
- New York: 16-17-year-olds cannot work more than 8 hours per day, 6 days per week. During the school year, they cannot work after 10pm on nights before a school day. Employment certificates are required.
- Texas: Follows federal rules without additional state restrictions for 16-17-year-olds, but requires age certificates.
- Oregon: 14-15-year-olds are limited to 3 hours on school days and 8 hours on non-school days. 16-17-year-olds cannot work before 6am or after 10pm on school nights (midnight on non-school nights).
Enforcement: The DOL's Wage and Hour Division enforces FLSA child labor provisions. Penalties are significant — civil money penalties of up to $15,138 per worker for each child labor violation, and up to $68,801 for a violation that causes death or serious injury. The DOL conducts targeted investigations in industries where child labor violations are common, including hospitality.
Canada
Rules are provincial, with the Canada Labour Code covering federally regulated industries:
- Federal: Minimum employment age is 17 for hazardous work. Workers under 17 cannot work between 11pm and 6am.
- Ontario: Minimum age of 14 for most workplaces (with exceptions). No specific additional hour limits for young workers beyond standard rules, but prohibited from working during school hours.
- British Columbia: Children under 12 require a permit from the Director of Employment Standards. 12-14-year-olds can work limited hours with parental consent. Under-15s cannot work during school hours.
- Alberta: Workers under 13 require a permit. 13-14-year-olds can work a maximum of 2 hours on school days. Under-15s cannot work between 9pm and 6am.
Additional provincial detail:
- Quebec: The minimum employment age for most work is 14 (raised from no minimum in 2023). Workers under 14 may work in limited circumstances (newspaper delivery, childcare in a family context). Workers under 16 cannot work during school hours and cannot work between 11pm and 6am. The employer must arrange the young worker's schedule so that it does not interfere with their education.
- Saskatchewan: Minimum age of 16 for most employment. Workers under 16 require written consent from a parent or guardian. No work during school hours. Workers under 16 are limited to 16 hours per week during the school year.
- Manitoba: Minimum age of 13 for employment (with limited exceptions). Workers under 16 cannot work during school hours or between 11pm and 6am. On school days, they cannot work more than 2 hours. Maximum 20 hours per week during the school year.
- Nova Scotia: Minimum age of 14 for most employment (16 for construction). Workers under 16 cannot work during school hours and cannot work between 10pm and 6am.
Parental consent and permits:
Most provinces require parental or guardian consent for workers under a certain age (typically 16). Some provinces additionally require a government-issued permit. The specifics vary:
- In British Columbia, children under 12 need a Director's permit, and 12-14-year-olds need parental written consent.
- In Alberta, workers under 13 need a permit from the Director of Employment Standards, and 13-14-year-olds need parental consent.
- In Ontario, there is no formal permit system, but employers must verify that the young worker is at least 14.
Practical considerations for Canadian hospitality employers: The patchwork nature of provincial rules means that multi-province operators must verify the specific rules in each province where they employ young workers. A scheduling approach that is compliant in Ontario (where there are relatively few additional restrictions for 16-17-year-olds) may violate the rules in Quebec or Alberta (where additional night work and school-hour restrictions apply).
Australia
Young worker protections in Australia are governed by state and territory legislation alongside the Fair Work Act 2009:
- There is no national minimum working age, but most states set it at 14-15 for non-hazardous work.
- New South Wales: Children under 15 can only work in limited roles (delivery, shop assistant) with restrictions on hours — not before 7am or after 7pm on school nights.
- Victoria: Children under 15 need a child employment permit. Maximum 3 hours on a school day, 6 hours on other days during term time.
- Queensland: Under-16s cannot work during school hours and are limited to 12 hours per week during term time.
Across all states, young workers are generally prohibited from hazardous work, late-night shifts, and work that interferes with education.
State and territory detail:
- New South Wales (Child Employment Act 2025): This recently updated legislation sets clear rules. Children under 15 cannot work in a factory, work with dangerous machinery, or perform work that is harmful to their health, safety, or moral welfare. During term time, they cannot work during school hours. Work is limited to light work in retail, delivery, or domestic contexts. Employers must ensure that working arrangements do not interfere with schooling.
- Victoria (Child Employment Act 2003): Employers must obtain a child employment permit before employing anyone under 15. The permit application requires details of the work, hours, and supervision arrangements. Maximum hours during school terms: 3 hours on a school day, 6 hours on other days, 12 hours per week. During school holidays: 6 hours per day, 30 hours per week. Children under 15 cannot work before 6am or after 9pm.
- Queensland: Under-16s cannot work during school hours, cannot work more than 12 hours per week during term time, and cannot work after 10pm. Workers aged 16-17 have no specific additional hour restrictions beyond those in the applicable Modern Award, but are still subject to prohibitions on hazardous work.
- South Australia: Children under 16 need permission from the employer's insurer to be covered under workers' compensation. They cannot work during school hours and are subject to industry-specific restrictions.
- Western Australia: Children under 15 cannot be employed in a factory or industrial workplace. Children aged 13-14 can perform light work outside school hours with parental consent. Under-15s cannot work before 6am or after 10pm.
Modern Award provisions for young workers:
Most Modern Awards do not distinguish between adult and young workers for the purposes of ordinary hours and penalty rates. A 17-year-old employee covered by the Hospitality Industry (General) Award is entitled to the same rest breaks, penalty rates, and overtime provisions as an adult employee under the same award. However, younger workers may be paid at a lower "junior rate" as a percentage of the adult rate — this is a pay rate distinction, not an hours or conditions distinction.
Enforcement: State and territory fair trading or employment authorities enforce child employment laws. The Fair Work Ombudsman handles complaints under the Fair Work Act. Penalties for child employment breaches vary by state — in Victoria, the maximum penalty for employing a child without a permit is substantial and can include criminal prosecution for serious breaches. The emotional and reputational impact of child employment violations is significant, and media coverage of such cases is almost guaranteed.
Common young worker scheduling mistakes
Scheduling 16-17-year-olds to close. A closing shift that runs past midnight violates the night work prohibition in most jurisdictions. Even if the restaurant closes at 11pm, the cleaning and cashing-up tasks that follow may push the shift past the prohibited time.
Applying adult hour limits. A manager who does not check a worker's age may schedule a 17-year-old for a 10-hour shift or a 45-hour week — both of which are lawful for adults but not for young workers.
Ignoring school hours. During term time, a 15-year-old cannot work during school hours. This includes study days, exam periods, and other mandatory attendance times — not just standard classroom hours.
Missing the birthday transition. A worker who turns 18 mid-rota transitions from young worker rules to adult rules on their birthday. Schedules should be reviewed to ensure the correct rules are applied from the correct date.
Failing to risk assess. The requirement to conduct a specific risk assessment before a young worker starts is a legal prerequisite in many jurisdictions, not a best-practice suggestion. Starting a young worker without a documented risk assessment is an immediate compliance breach.
How Pilla helps
Pilla simplifies managing young workers' schedules:
- Age-aware scheduling — Flag workers under 18 in the system so their scheduling rules are automatically different from adult workers. Pilla uses the worker's recorded date of birth to apply the correct hour limits, rest period requirements, and night work restrictions automatically.
- Hour limit enforcement — Prevent schedules that exceed daily or weekly maximums for young workers before they're published. Pilla blocks shifts that would push a young worker over their maximum hours and displays a clear explanation of which limit would be breached.
- Restricted time blocks — Block out night hours and school hours so young workers can't be accidentally scheduled during prohibited periods. Managers physically cannot drag a shift into a blocked time period for a young worker.
- Compliance records — Keep a clear audit trail of hours worked by young employees for inspection readiness. Every shift, break, and hour worked by a young worker is recorded and retrievable, providing the documentation that inspectors expect to see.
- Birthday transitions — Pilla automatically updates scheduling rules when a young worker turns 18, ensuring the transition from young worker protections to adult rules happens seamlessly on the correct date.
- Risk assessment reminders — Track whether a risk assessment has been completed and documented for each young worker. Pilla can flag workers who are scheduled to start without a completed risk assessment on file.