Trouble after toilet ruling: Employees have to clock out when going to the toilet!
Neuchâtel (Switzerland) - A ruling by a Swiss cantonal court is currently causing displeasure: The watch company "Jean Singer & Cie SA" looks very closely at the clock when going to the toilet and is allowed to bill its employees' toilet breaks as working time!
As an investigation by"Radio Télévision Suisse (RTS)" revealed, the sensational case goes back to a COVID-19 control from 2021. The Office for Relations and Working Conditions in Neuchâtel (ORCT) noted that the watchmaking company had a compulsory stamp for every toilet break - which it found to be unlawful.
In January 2022, the ORCT asked the company to refrain from doing so. "Jean Singer & Cie SA" refused. The office then banned the company's toilet practice on the grounds that "work interruptions that meet physiological needs cannot be considered breaks" as they are not for rest.
According to the ORCT, the stamping requirement could tempt staff to hold back or not drink fluids - which "can lead to serious physiological disorders".
The case ended up before the Neuchâtel cantonal court. "Jean Singer & Cie SA" was proved right. The court reasoned that "the term 'break' is not clearly defined in the law. It is an actual loophole in the sense that the legislator did not regulate a point although it should have done so." Despite the ruling, however, the court is of the opinion that the stamping requirement discriminates against women.
Can German companies demand the same of their employees?
"They are confronted with the menstrual cycle, which begins with menstruation. This physiological phenomenon requires compliance with basic hygiene rules and thus more frequent or longer toilet visits," the court said. The watch company should now at least improve its regulations.
Neuchâtel State Councillor Florence Nater expressed her anger to RTS: "I naturally hope that this ruling will not be copied by other companies that might be tempted to adopt this type of practice. After all, it would send a special signal to employees."
The employers' association is also less than enthusiastic. "It's not the direction it should be going in," said Barbara Zimmermann-Gerster, member of the executive board, to"Schweizer Radio und Fernsehen (SRF)".
Will German employers soon also be keeping a close eye on when and for how long their employees go to the toilet? In Germany, employers are generally not allowed to demand that employees clock out when they go to the toilet. According to "AHS Rechtsanwälte", this would be a violation of personal rights. However, they are allowed to take action if their employees visit the toilet particularly frequently and for a very long time.