Regulations on allowing minors to work in delivery restaurants

Regulations regarding work and working hours of 13 / 14 / 15 / 16 / 17 year olds in delivery restaurants

Ordering meals from restaurants or fast food chains has become increasingly popular in recent years. Many catering establishments employ young people to deliver meals, wash dishes or help in the service. However, there are some rules associated with working in delivery restaurants. What is allowed at what age? And what are the maximum working hours?

 

Ban on delivering meals under 16

Since July 1, 2020, a minimum age of 16 years applies for delivering meals using a bicycle, e-bike or moped (central government, 2020). This is because there are safety risks associated with this work. These include the high workload, late working hours and participation in heavy traffic, leading to unsafe traffic conditions. This amendment to the law is a result of a number of inspections by The Netherlands Labour Inspectorate in 2019 (The Netherlands Labour Inspectorate, 2022). They found that young people often perform labor at times when the law does not allow them to perform labor. Also, the number of accidents involving young meal delivery workers increased in recent years. Therefore, an amendment was made to the Nadere Regeling Kinderarbeid, leading to the ban on meal delivery under the age of 16. The ban applies only to meal delivery. This means that young people under the age of 16 are allowed to perform other adapted tasks in the hospitality industry.

 

What work with what working hours are allowed at what age?

Young people in the Netherlands are allowed to work from the age of 13. However, there are strict rules attached when it comes to working hours in the hospitality industry for children and young people (Koninklijke Horeca Nederland, 2022). Per age, there are different rules. The law distinguishes between children (under 16) and adolescents/young people (16- and 17-year-olds). What is the maximum working time 14/15/16 year olds?

 

Rules of work and working hours 13 and 14 year olds

Children aged 13 and 14 are allowed to do limited work between 7 a.m. and 7 p.m. (central government, 2022). This includes chores in and around the house, such as walking the dog, as well as light non-industrial work. This means that in terms of work in the hospitality industry, there really isn’t much left. They are only allowed to help with service. They are also not allowed to work with hazardous materials, which means that working in the dishes is also not allowed. On days when they go to school, they are allowed to work a maximum of 2 hours per day. On non-school days and vacations, children in this age group are allowed to work a maximum of 7 hours. Then these children are also allowed to do light, non-industrial work. Thus, the maximum working hours 14-year-olds are the same as those for 13-year-olds. On Sundays, children 13 and 14 years old are not allowed to work. So how many hours are they allowed to work per week at most?

 

Rules of work and working hours 15-year-old

Children as young as 15 are already allowed to do a little more work and work longer hours. For this age group, they are allowed to do light, non-industrial work independently. This means that they may help the dishwasher with light work, such as cleaning and polishing dishes. Working with an automated dishwasher falls under industrial labor, and thus is not allowed. Young workers are also allowed to help in service or help set up the patio. Children of 15 are allowed to work a maximum of 5 days a week. This, however, between certain times. For example, they are not allowed to work before 7 a.m. and after 7 p.m. in the evening (anymore). On school days, children in this age group may work a maximum of 2 hours, but no more than 12 hours per week. During vacations, these children may not work more than 40 hours per week. To work on a Sunday, the child’s parents or guardians must give permission.

 

Rules work and working hours 16 and 17 year olds

Young people aged 16 and 17 are allowed to do almost any job. These include serving, washing dishes and delivering meals. They are also allowed to serve alcohol. However, they may not do any work that is dangerous or harmful to their health. Furthermore, going to school is paramount. In addition, an adult expert must always be present during the work. Youth aged 16 and 17 are allowed to work an average of 40 hours per week. The time they are at school also counts as working time. Employees may work a maximum of 9 hours per day and no later than 11 p.m. However, they may work on Sundays, only in this case they must have at least 13 Sundays off.

 

The new Alcohol Law for underage drinking in the hospitality industry

On July 1, 2021, the new Alcohol Act went into effect. This new law replaces the Drank- en Horecawet (DHW). This law contains a number of rules regarding working young people. In principle, young people under 16 are not allowed to work in places where alcohol is served. However, there is an exception. For example, students aged 14 or 15 are allowed to do an internship as part of their education in a place where alcohol is served. They may then also serve alcohol themselves. If young people are 16 or 17 years old, they are allowed to provide or serve alcohol. Consuming it is not allowed.

 

Enforcement and penalty for employers and parents

Employers must ensure that young people can work in a safe and healthy manner. If the working hours or activities of minors are violated, employers risk a fine from the Labor Inspectorate. This fine is a minimum of €200, but can be a lot higher depending on the severity of the offense. It is therefore wise for employers to be well aware of the laws and regulations of working hours 14/15/16 year olds. Failure to comply with the ban on meal delivery by children is a violation of Section 3:2 of the Working Hours Act (Dutch Labour Inspectorate, 2022). A fine can be imposed for this. If the employer does not comply with these rules, he can be fined. Parents are also responsible for ensuring that their children do not work too long and/or too late. This means they can also be fined.

 

 

 

 

Curious about what CashDesk has to offer you? Take a look at this page where everything is explained about customized CashDesk websites that can save you a lot of commission fees.

 

Thanks for reading,

CashDesk

 

Sources:
1. Central government, 2020, Ban on meal delivery under 16
2. Dutch Labor Inspectorate, 2022, Meal delivery workers
3. Koninklijke Horeca Nederland, 2022, From what age may young people work in the hospitality industry
4. Central government, 2022, How many hours may I work when I am 13 or 14?
5. Central government, 2022, How many hours are 15-year-olds allowed to work?
6. Fooks, 2022, Minimum age hospitality industry