Electronic monitoring of employees – what the “Working for Workers Act, 2022” introduced.

Ontario's Bill 88, also known as the Working for Workers Act, 2022, was introduced to the legislature in March 2022 and aims to improve working conditions and protect the rights of employees in the province. One of the key provisions of the bill is the regulation of electronic monitoring of employees in the workplace.

What does “Electronic Monitoring of Employees” mean?

Electronic monitoring refers to the use of technology, such as surveillance cameras, GPS tracking, and keystroke logging, to monitor the activity and behavior of employees in the workplace. The bill requires employers to implement policies and procedures around electronic monitoring to ensure that employees' rights are protected and that the monitoring is being done in a fair and transparent way.

What does the bill specifiy?

Under the bill, employers must provide notice to employees if electronic monitoring will be used in the workplace. This notice must include information about the types of monitoring that will be used, the purpose of the monitoring, and how the collected data will be used. Employers must also provide employees with an opportunity to provide feedback on the proposed monitoring before it is implemented.

Employers must also ensure that any data collected through electronic monitoring is used for legitimate business purposes and that it is kept confidential and secure. They must also provide employees with access to the data collected about them and allow them to challenge any inaccuracies or errors.

The bill also prohibits employers from using electronic monitoring to discriminate against employees based on their race, sex, sexual orientation, or other protected characteristics. Employers must ensure that any monitoring is done in a way that respects employees' privacy rights and that it is not used to target or harass employees.

In addition to these requirements, the bill also requires employers to establish procedures for dealing with complaints and grievances related to electronic monitoring. This includes providing employees with a process for challenging any monitoring that they believe to be unjust or discriminatory.

Overall, the Working for Workers Act, 2022 is a significant step forward in protecting the rights of employees in Ontario. The regulation of electronic monitoring is an important aspect of the bill, as it ensures that employers are transparent and fair in their use of technology to monitor employees' activity and behavior. Employers must now ensure that they have the necessary policies and procedures in place to comply with the new requirements, and must provide employees with the necessary information and support to understand their rights and responsibilities under the new law.

What should employers do to ensure that they are compliant with the Working for Workers Act, 2022?

1. Review and update policies and procedures: Employers should review their current policies and procedures to ensure compliance with the new regulations outlined in the Working for Workers Act, 2022. This includes creating or updating policies around electronic monitoring, as well as procedures for dealing with complaints and grievances related to electronic monitoring.
2. Provide notice to employees: Employers must provide notice to employees if electronic monitoring will be used in the workplace. This notice should include information about the types of monitoring that will be used, the purpose of the monitoring, and how the collected data will be used. Employers should also provide employees with an opportunity to provide feedback on the proposed monitoring before it is implemented.
3. Protect employee data: Employers must ensure that any data collected through electronic monitoring is used for legitimate business purposes and that it is kept confidential and secure. They must also provide employees with access to the data collected about them and allow them to challenge any inaccuracies or errors.
4. Prohibiting discrimination: Employers must ensure that any monitoring is done in a way that respects employees' privacy rights and that it is not used to target or harass employees. The bill also prohibits employers from using electronic monitoring to discriminate against employees based on their race, sex, sexual orientation, or other protected characteristics.
5. Establish procedures for complaints and grievances: Employers must establish procedures for dealing with complaints and grievances related to electronic monitoring. This includes providing employees with a process for challenging any monitoring that they believe to be unjust or discriminatory.
6. Train employees: Employers should provide training to employees on the new regulations outlined in the Working for Workers Act, 2022, including the rights and responsibilities of employees related to electronic monitoring. This will help ensure that employees understand their rights and are aware of the procedures in place to handle any complaints or grievances related to electronic monitoring.
7. Review and audit: Employers should regularly review and audit their compliance with the Working for Workers Act, 2022 to ensure that they are meeting the requirements outlined in the bill. This includes monitoring the use of electronic monitoring in the workplace, ensuring that data is kept confidential and secure, and ensuring that any complaints or grievances related to electronic monitoring are handled appropriately.