Consult your lawyer: Canadian and US employment laws differ between countries and on the federal, city, province, county and state levels. Federal: United States Department of Labor. Chicago, Illinois: Illinois Department of Labor. Ontario Toronto : Ontario Ministry of Labour. The Lunt Group has broken down employment law state-by-state and sorts all that information on their easy to navigate website. This is a great resource that you can use to build out your policies in detail. While your restaurant employee handbook is not a legal document, in case be used in legal cases.
It is a complicated document, as you will soon see. That said, we should state that the information in this section is meant to provide a general guideline and a reference point. This article is not a legal document. It does not take into account all relevant local, state, provincial or federal laws. We recommend that you consult a lawyer before formalizing your employee handbook. Please see our full disclaimer and our release of liability at the end of this article.
Get the ball rolling by inspiring your employees. Outline your mission, vision, values, and history so that they feel they can share in the mission with you.
Include your:. We expect you to show up on time and be present for the full duration of your schedule working hours. Of course, life happens. If you have an emergency that prevents you from coming into work, contact your manager at the first available opportunity. Why include it? Just as we did in the beginning and end of this article, your disclaimer covers your restaurant and your person legally. Acknowledge that this handbook is in no way an employee contract.
Your employee contract is a separate legal document. Always acknowledge that the policies within the handbook are subject to change at your discretion. This means that you or the employee can end the relationship at any time, with reason or without. Because some courts have decided that statements made in employee handbooks can limit your at-will power, you need to make it abundantly clear that the employee handbook is not a contract.
That means saving talk of probation periods and employee permanency for the employment contract. Also be sure to outline the actions an employee should take if they witness an infringement.
In general, explain how staff should behave when interacting with coworkers, management, and guests. To determine this, go back to your core values. Set out grooming and clothing requirements and identify who is responsible for acquiring the uniform. If necessary, provide guidance on how to handle piercings, tattoos, nails, hair, and shoes. You might include a policy on securing hair with a hair elastic or using a hair net to avoid food contamination. Handwashing is a critical piece of that discussion.
More on that later. In order to cover yourself legally, outline the minimum age employees must be to work at your restaurant. In the US, the minimum working age is 14 years old, with limits on hours for those under 16 years old. In Canada, provincial governments set the minimum working age. Some provinces allow children as young as 12 to work but under limited hours, with restrictions during school weeks, and with written parental permission.
In Ontario, the minimum age is 14 years old for restaurant serving areas and 15 for kitchens. But wait. If you serve alcohol, additional age restrictions apply.
In the US, the legal drinking age is In Canada, the legal drinking age is 19 in all provinces except for Alberta, Manitoba and Quebec. That said, the legal age to serve alcohol does not always abide by this standard.
In Chicago, Illinois, you must be 21 years old to serve alcohol. Consider that there are some scenarios where staff might be able to resolve the conflict between one another and others where a manager should step in.
In this section, we recommend you illustrate a few scenarios and your preferred course of action for each one. Specify that disciplinary actions are subject to your discretion as the employer and, depending on the infringement could involve:. For U. Department of Labor requires that you state that your restaurant follows nondiscrimination and equal employment opportunity laws when hiring and promoting staff.
Canada: Employment Equity Act. To do this, define what constitutes harassment, examples of harassment, consequences and how to report it. Our anti-harassment policy expresses that we will not tolerate behaviour that intimidates, humiliates, or discriminates against others based on age, sexual orientation, ethnicity, race, religion or disability. Who does this policy apply to: This policy extends to all employees, suppliers, the public, customers and anyone else that comes in contact with employees while at work.
The definition of harassment includes: bullying, intimidation, direct insults, malicious gossip, victimization and unwanted sexual advances. Punishment: Punishment depends on the severity of the offence and can include verbal warnings, formal written reprimands, suspension or termination. Sexual harassment will not be tolerated and will result in termination. Incident reporting: If you feel you are being harassed or witness an act of harassment, contact the supervisor on duty or any member of management.
Again, state that the punishment of infraction depends on the severity of the offence and can include verbal warnings, formal written reprimands, suspension or termination. Your employee handbook should cover policies pertaining to payroll, work hours and scheduling that apply to every staff member. Keep specific discussions of hourly pay, salary and any negotiated vacation time to individual employee contracts. Define what constitutes overtime and how staff should log over time when they reach a threshold.
Canada: Overtime is determined provincially but begins between 40 and 48 hours. In Ontario, overtime begins when an employee works more than 44 hours in a week. Whether through a POS that clocks hours via a personal employee code or on a sign in sheet, outline how employees should clock in and clock out of their shift so that you have a detailed, formal record of their hours worked.
US Federal Holidays. Canadian Federal Holidays. In your employee handbook, set out your policy on switching shifts. Most restaurants choose to ask staff to obtain managerial approval within a minimum time frame. For example, you can switch a shift 48 hours in advance of the shift, pending managerial approval. An employee may want to book a day off. Rather, the employee is requesting to schedule their required shifts around a certain day. In order to manage and accommodate requests, require staff to place their requests before you create the weekly schedule.
Outline this process in your handbook to avoid last minute requests that could result in inadequate staffing. Indefinite shift-end times allow you to accommodate staff needs on busy nights because you can keep staff on until the traffic dies down. Conversely, indefinite shift-end times allow you to contain labor costs on slow nights, by cutting staff as soon as customer traffic wanes.
To protect employees, some labor laws require you to compensate scheduled staff members for a minimum amount of time, regardless if they work that minimum time or not. Illinois law does not require employers to pay employees for showing up to work if no work is performed. Each section in this template contains fillable worksheets to help you plan out your restaurant training manual.
Our free to download restaurant training manual PDF template includes all the sections you need to get started with your own. Create Your Training Manual Now. What is a restaurant training manual? A restaurant training manual or employee handbook acts as an all-in-one training guide that provides your employees with rules, regulations, responsibilities, and best practices and enables them to provide a high-quality and efficient dining experience.
Professional Business Template A professional-grade restaurant training manual with guidelines available for free. Step-by-Step Instructions This template includes step-by-step instructions for each section of the training manual template with examples.
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