Electronic Monitoring Policy Now Required For Employers with 25+ Employees

A reminder to all businesses that employ 25 or more employees (as of January 1 of any year) that you are now required to have a written policy regarding the Electronic Monitoring of employees in place. If your business in monitoring employee performance through electronic technology, the policy must include the following:

▪ 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
A copy of the written policy must be provided to all employees and all new employees must be advised that electronic monitoring will be in effect.

These requirements were added to the Employment Standards Act, 2000 (ESA) on April 11, 2022 and clarify that;

▪ The policy does not establish a right for employees not to be electronically monitored by their employer
▪ The policy does not create any new privacy rights for employees
▪ The ESA requirements are limited to requiring that employers be transparent about whether they electronically monitor employees. If they are monitoring, the employer must be transparent by describing how and in what circumstances that monitoring occurs
▪ The policy should set out the purposes for which the information obtained through the electronic monitoring may be used (ie. performance management, promotion decisions, etc.)
For more information about these new requirements, you are encouraged to visit: Your Guide to the Employment Standards Act – Electronic Monitoring Policy

Our team of consultants at Peak Performance HR would be happy to assist you in developing your Electronic Monitoring policy. Our fractional, flexible and affordable outsourced HR services are ideal to support small and mid-sized businesses with small projects just like this. Please contact us for a complimentary consultation to learn more about how we can support your business with any of your HR requirements. We can be reached anytime at [email protected] or at 1-800-674-3471