GENEVA — A Swiss court has determined that a watch dial manufacturing company is allowed to mandate that employees clock out when they need to use the bathroom, emphasizing the intricate relationship between labor laws and workplace practices in the nation known for its punctuality and precision.
An investigative report from a local broadcaster revealed that a regional court in Neuchatel upheld the policy of Jean Singer & Cie SA, which stipulates that workers must punch out if they need to take a restroom break. This ruling has shed light on a potential gap in labor laws in Switzerland, where workers’ rights regarding personal needs, such as bathroom breaks, may not be clearly defined.
The controversy surrounding this clock-out policy first surfaced during a site visit by labor inspectors amid the COVID-19 pandemic, which took place in 2021. The court issued its ruling in June, which has recently come to public attention. Labor inspectors subsequently instructed the company to cease this practice, citing a violation of national labor laws designed to protect workers, and raised concerns that such a requirement could lead to adverse health effects if employees feel pressured to delay basic physiological needs.
In its defense, Singer argued that employees have a significant amount of freedom regarding their break durations, which are left to individual discretion, and noted that staff members were not required to explain the nature of their breaks to management. Lawyer Pascal Moesch, representing the company, remarked that the case highlights a broader issue of how work interruptions are handled, whether caused by restroom visits, meal breaks, or even moments of relaxation. For them, all breaks necessitate clocking out from work duties.
The court acknowledged that while Swiss law is explicit about certain workplace hygiene standards and the authority of company executives to make operational decisions, it does expose a “loophole” concerning restroom breaks. The ruling reminded lawmakers that it may be necessary to address this void in legislation, as Swiss law does not explicitly recognize an employee’s right to utilize bathroom facilities despite their fundamental importance.
Other companies share similar procedures; for instance, two subsidiaries of the globally recognized Swatch Group also enforced clocking out for bathroom use. However, the Swatch Group’s leadership claimed they were unaware of these practices and acted quickly to remedy the situation once alerted. They clarified that the company does not have a policy requiring employees to clock out for restroom breaks and swiftly aligned the practices of the two subsidiaries directly with corporate standards.
In light of these developments, it remains unclear how prevalent such restroom policies are across Swiss workplaces, but the recent court ruling has sparked a conversation about employee rights and the necessity for clearer legal definitions concerning personal needs in the workplace.
