Electronic monitoring policy

A buyer of an Ontario business meets this term when checking whether the target holds the written policy the Employment Standards Act, 2000 requires. Under s.41.1.1(1), an employer that, on January 1 of any year, employs at least the number of employees that subsection sets must have the policy in place for all employees before March 1 of that year, subject to the transition rule in s.41.1.1(8).

What the policy must contain

• Whether the employer electronically monitors employees.
• If it does, how and in what circumstances it may do so.
• The purposes for which the information obtained may be used.
• The date the policy was prepared and the date of any changes.
• Any other information prescribed by regulation.

What to ask the seller

Ask for the current policy and proof that employees received a copy; the Act sets a time limit for giving copies, and s.15(8.2) of the Act requires copies of the policy to be retained for three years after it ceases to be in effect. Section 41.1.1(7) says nothing in the section affects or limits an employer’s ability to use information it obtains through electronic monitoring. A related requirement is the disconnecting from work policy. Whether employment standards are the same in every province is covered in this answer. This entry covers Ontario only; check the rules where you are.