Swiss Court Ruling: Clocking Out for Bathroom Breaks Raises Workplace Concerns

Swiss Court Ruling: Clocking Out for Bathroom Breaks Raises Workplace Concerns

In Switzerland, renowned for its precision and efficiency in the watchmaking industry, time is indeed money. But just how much control can employers have over their workers’ time? A recent court case involving a Swiss watch dial manufacturer, Jean Singer & Cie SA, has sparked debate by allowing the company to require employees to clock out for bathroom breaks.

Why did the case come to light?

The controversy came to light after an investigative report by RTS, a Swiss public broadcaster, revealed that the regional court in Neuchâtel sided with Jean Singer & Cie. The court ruled that the company’s policy of having employees clock out for toilet breaks did not violate labour laws. This policy had come under scrutiny when labour inspectors visited the site during the COVID-19 pandemic in 2021.

Jean Singer & Cie defended its policy, stating that employees had significant freedom regarding their break times. The company’s lawyer, Pascal Moesch, explained that the clock-in system applied to all types of interruptions, including meal breaks, phone calls, and even nature walks—not just toilet breaks. The company argued that this was a fair way to track work hours and that employees were not required to justify their breaks to management.

What are the concerns for workers?

Labour inspectors argued that forcing workers to clock out for such a basic need could lead to negative consequences. Employees might hold off using the bathroom or avoid staying hydrated to avoid clocking out, which could result in health issues. Federal labour law in Switzerland protects the personal needs of workers, including the right to take breaks, but the court found no specific mention of bathroom breaks.

While Swiss law clearly outlines employee rights regarding rest periods and the maintenance of hygiene in the workplace, there appears to be a grey area when it comes to bathroom breaks. The court’s ruling indicates that, without specific legislation on this matter, companies may have some leeway in their policies. This has led to discussions about whether lawmakers need to step in and close this loophole to protect workers’ rights.

Jean Singer & Cie isn’t the only company facing scrutiny over this issue. Two subsidiaries of Swatch Group, another giant in the Swiss watch industry, were also found to have similar clock-out policies for bathroom breaks. However, Swatch quickly acted to rectify the situation, stating that it was unaware of the practices and immediately brought its subsidiaries in line with group standards.

Bathroom Breaks in Ontario

In Ontario, employers have a duty to accommodate the bodily requirements of their employees under the Ontario Human Rights Code. However, there are no statutory employment or labour laws that directly address bathroom breaks. Bathroom breaks in Ontario are paid and employers are not permitted to deduct pay for employees who use the restroom during working hours. Further, employers are not permitted to limit the amount of bathroom breaks that an employee takes, unless there is a reasonable basis to conclude that the breaks are being abused. Lastly, if an employee requires additional bathroom breaks due to a medical condition, the employee should provide the required medical notes to their employer to seek further accommodations.

This case has highlighted a broader issue about the balance between worker rights and company policies. While it may seem minor, the ability to take a bathroom break without clocking out speaks to larger issues of respect, dignity, and fairness in the workplace. If you’re an employee being asked to clock out for bathroom breaks or have concerns about your workplace rights, contact us for more information about your entitlements. You can reach us online or by phone at (416) 640-2667.