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…Introducing Electronic Monitoring Legislation, A First Of Its Kind

On February 28, the Ontario government tabled Bill 88, the Working for Workers Act, 2022, which, if passed, would enact the Digital Platform Workers’ Rights Act, 2022 and make amendments to the Employment Standards Act, 2000 (ESA) and other employment-related legislation. This Bill marks a first of its kind workplace electronic monitoring legislation requiring Ontario employers to give notice to their employees of “electronic monitoring.”
The New Requirements
Bill 88, will bring a new part to the Employment Standards Act, 2000 (the ESA) titled “Written Policy on Electronic Monitoring.”

Similar in design to the recently enacted right to disconnect policy under Bill 187, all employers with 25 or more employees will be required to create and publish an electronic monitoring policy before March 1st of that year where the employer has 25 employees or more as of the preceding January 1, or alternatively within six months after Bill 88 receives Royal Assent.

The proposed policy must i...

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