Simply put, employers cannot electronically monitor their employees without telling them. During the early days of the pandemic, lots of employers implemented electronic monitoring systems to tell if their employees were actually working while at home. Many employers did this without notice to their employees. In a pre-election piece of legislation, the Ontario government told employers they now have to tell employees if they are being electronically monitored.
Those that employed 25 or more employees as of January 1, 2022 had until October 11, 2022 to implement a written electronic monitoring policy. Beginning in 2023, organizations that have 25 or more employees on payroll as of January 1 of any year must have a written electronic monitoring policy in place before March 1 of that year.
The policy must specifically state whether the employer electronically monitors its employees. If so, then the policy must also:
- Describe how and in what circumstances the employer may electronically monitor employees;
- The purposes for which the employer may use the information obtained through electronic monitoring; and
- The date the policy was prepared and the date any changes were made.
A copy of the written policy must be provided to all regular and assignment employees, within specific timelines as set out in the updated provisions of the Employment Standards Act.
Importantly, the new policy with respect to electronic monitoring of employees does not establish an employee right not to be electronically monitored by their employer. Likewise, it does not create any new privacy rights for the employees.
The new policy requirements on employee electronic monitoring apply to all employees and employers covered by the ESA, except the Crown, a Crown agency or an authority, board, commission or corporation whose members are all appointed by the Crown and their employees.
We are here to help. Please contact your Seabrook Workplace Law lawyer about the new electronic monitoring policy requirement and how we can provide a comprehensive suite of policy drafting services for your workforce.
