In recent years, the rise of remote and hybrid work arrangements has led employers to seek effective ways to monitor their employees' activities to maintain productivity and deter potential abuse of the remote work privilege.
With the emergence of trends like "quiet quitting," "Bare Minimum Mondays," and "Try Less Tuesdays," some employees have been taking advantage of the flexibility of remote work to put in less effort. To address this challenge, employers are turning to software tools such as Teramind and ActivTrak, which can be installed on employees' workstations and laptops to monitor their work activities both in the office and while working remotely.
These monitoring tools offer valuable insights into employee productivity and how they allocate their time. Employers can track work hours, ensuring employees are actively engaged during designated working hours and not indulging in inappropriate activities using company resources.
Concerns have been raised about the legality and ethics of employee monitoring. In Ontario, monitoring is generally legal as long as it is limited to work-related activities on workplace devices. However, provincial laws may vary, so consulting with an HR lawyer to understand the specific regulations in your area is essential. While federal law does not mandate consent for monitoring, some provinces require employers to obtain consent from employees before monitoring their activities.
Monitoring company-owned devices outside of work hours is also legally permissible, encompassing aspects like internet traffic, search terms, visited websites, GPS geolocation, and content viewed. Even in cases of BYOD policies, employers may legally monitor employees' personal devices when used for work purposes.
If you are considering implementing employee-monitoring software, it is crucial to adopt the following recommendations:
- Prioritize Transparency: Before rolling out any monitoring activities, communicate clearly with your employees about the monitoring process and its purpose. Transparency is essential for establishing and maintaining trust between employers and employees.
- Establish Written Guidelines: Clearly outline what is acceptable and what isn't during work hours and on company-owned assets. Define expectations regarding appropriate use of company resources, adhering to work schedules, and guidelines for remote work if applicable.
- Seek Legal Advice: It is vital to consult with an HR lawyer before implementing any monitoring software, cameras, or activities. Employment laws and data privacy regulations may change, so staying informed and compliant is critical to avoid potential legal issues.
In conclusion, while monitoring employees is legally permissible, employers must remain vigilant about adhering to employment laws and protecting the privacy of the individuals being monitored.
If you need assistance in creating a more secure and productive remote workplace, we invite you to schedule a call with us. We can discuss your options and provide ideas on how our services can help you and your team achieve productivity and safety, regardless of your chosen work arrangement. Click here to get started.