Many Ontario companies will soon need to disclose to staff whether they’re electronically monitoring their activities.
, requiring companies with 25 or more workers to create a written policy clearly outlining whether employee use of computers, cellphones, GPS systems and other electronic devices is being tracked, and if so, to what extent., the policy needs to contain information on whether the employer electronically monitors its workers, and if so, “a description of how and in what circumstances the employer does this.
As of Tuesday, those policies need to be in place. Within 30 days, that information needs to be disclosed to staff.In May, Howard Alan Levitt, an employment lawyer and senior partner with the firm Levitt Sheikh, told CTVNews.ca the new policy won’t change whether your employer is monitoring you – they are now just required to communicate that information.
“It doesn't change the law in terms of what employers can do, but it requires employers to tell [employees],” he said. Before, employers could tell employees they had the right to surveil and retain certain information, but were not compelled to tell employees whether they were implementing such practices.
“Employers can conduct surveillance, always could … which is entirely legal in 95 per cent of the cases,” Levitt said.With files from CTV News’ Alexandra Mae Jones.Starting Tuesday, October 11th, employers with 25 or more workers will be required to disclose if, how and why they are monitoring their employees electronically.
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