Following the right-to-disconnect policy, Ontario is now moving forward to a new policy taking effect next year. Beginning in 2023 and in the following years, employers that employ 25 or more employees must have a written policy on the electronic monitoring of employees.
A guide published by the Government of Ontario states that the employer must count the individual number of employees, not the number of "full-time equivalents." Part-time employees and casual employees each count as one employee, regardless of the number of hours they work.
According to the publication, employers should count for all homeworkers, probationary employees, officers of a corporation who perform work or supply services for wages, employees on definite term or specific task contracts of any length, employees who are on lay-off, employees who are on a leave of absence, and employees who are on strike or who are locked out.
Information to Disclose In Your Electronic Monitoring Policy
1. State If You'll Engage in Electronic Monitoring of Employees or Not
"Electronic monitoring" includes all forms of employee and assignment employee monitoring that is done electronically. Some examples are:
- Use of GPS to track the movement of an employee's delivery vehicle
- Use of an electronic sensor to track how quickly employees scan items at a grocery store check-out
- Tracking the websites that employees visit during working hours
2. A Description of How You'll Electronically Monitor Employees
Write how, where and the circumstances in which you may electronically monitor your employees. Also, the purposes for which information is obtained through electronic monitoring.
3. The Date the Policy was Prepared
As an employer, you must communicate and share the written policy with your employees and inform them of any changes.
Read more about Ontario Electronic Monitoring Policy here.
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