Six months ago in the Canadian province of Ontario, a new regulation was passed that stated allowing employers to monitor their employees’ electronic communications, and thus employers were given this period to make the necessary arrangements if they have a team of more than 25 members. This law defines electronic monitoring as “the observation or recording of an employee’s activities or communications using electronic equipment.” The employers were to give written statements about how they plan to keep an eye on the activities of their employees and what measures they have taken to foresee the situation. The law as of October 2022 has come into effect and will allow employers to know how they behave, with the major focus on creating a transparent working scenario for the workers and employers.
What Does This Law Mean for Employees?
The law does not provide the right to privacy for the employees and is framed with the objective of increasing transparency between the management and the workers in regards to their electronic data usage. However, the new law also requires employers to notify employees if they are being monitored and to keep records of the monitoring. These records must be made available to the employee upon request.
There are many ways that employers can electronically monitor their employees. The most common ways are through email and internet usage. Employers can also track employee phone calls, text messages, and GPS locations.
How Can I Be Sure I’m In Compliance?
In order for an Ontario employer to comply with the new employee monitoring law that goes into effect in 2022, the employer must have a written policy in place that sets out the specific monitoring activities that are permitted and sets clear expectations for employees regarding monitoring. The policy must be reviewed and approved by the employer’s legal counsel. Furthermore, the employer must provide employees with notice of the monitoring activities that will take place and obtain the employee’s consent prior to monitoring. Lastly, the employer must ensure that the monitoring activities are conducted in a manner that respects the employees.
What’s the Purpose of the Monitoring Law?
The new law is designed to help employers protect their businesses from potential risks, such as data breaches or cyber-attacks. It will also allow employers to investigate potential misconduct by their employees. The law has been criticized by some, who argue that it violates employees’ privacy rights. However, the provincial government has defended the law, arguing that it is necessary to protect businesses and ensure that employees are using their devices for work-related purposes. This new law will help employers to keep track of their employees and make sure that they are productive. It will also help to protect employers from liability if their employees do something wrong.
If you are an employer in Ontario, it is important that you are aware of these new requirements and that you comply with them. With ManagePoint Technologies, you can get the best technology help that gives privacy to the overall security of your business. Contact us now to get the necessary services.
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