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WRITTEN POLICY ON ELECTRONIC MONITORING OF EMPLOYEES – NOW REQUIRED

13/10/2022

As of October 11, 2022 employers that employ 25 or more employees on January 1 of any year are required to have a...
Published on: 13/10/2022

As of October 11, 2022 employers that employ 25 or more employees on January 1 of any year are required to have a written policy on the electronic monitoring of employees in place. The policy must state whether the employer electronically monitors employees. If the employer does, the policy must include:

• a description of how and in what circumstances the employer may electronically monitor employees
• the purposes for which the information obtained through electronic monitoring may be used by the employer
• the date the policy was prepared
• the date any changes were made to the policy

An employer must provide a copy of the written policy to all of its employees and to all assignment employees who are assigned to perform work for that employer.

These requirements were added to the Employment Standards Act, 2000 (ESA) on April 11, 2022. Employers that employ 25 or more employees on January 1, 2022 have until October 11, 2022 to have a written policy on the electronic monitoring of employees in place.

The Association has developed the attached policy, which is compliant with the legislation, and will be complete (and ready to send to employees) once each employer tailors the policy to their business by filling in the highlighted sections to reflect their specific business practices; re: electronic monitoring.

The attached guide will also help with tailoring the policy for each employer.

If you have any questions about the Electronic Monitoring Policy requirements, please visit https://www.ontario.ca/document/your-guide-employment-standards-act-0/written-policy-electronic-monitoring-employees or contact Krisha Ruchlewicz (905-629-7766 krisha.ruchlewicz@oswca.org).

 2022 Electronic Monitoring of Employees Bulletin

 Electronic Monitoring Policy

 User Guide

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