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Court allows company to force employees to record bathroom visits, generating controversy over labor rights and possible impacts on health.
In a world where there is debate about reducing working hours and improving working conditions, a Swiss court has made a surprising decision that is causing an international stir.
The controversy involves the requirement for employees to record the time spent going to the bathroom. Isso mesmo!
The decision raises sensitive questions about labor rights and what can actually be considered part of the working day.
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Court rules on bathroom breaks
In a trial that is already being seen as potentially dangerous for the working class, the Swiss Public Law Court gave a verdict that allows the company Jean Singer et Cie, specializing in clock faces, to force its employees to clock in when leaving for physiological needs.
According to the decision, released in September 2024, Swiss labor law does not expressly prohibit the recording of such breaks, creating a gap that can be exploited by other companies.
How did the controversy start?
According to the Swiss channel RTS, the dispute began in 2021, when inspectors from the Office of Labor Relations and Conditions (ORCT) of Neuchâtel checked whether the Covid-19 protection standards were being followed at Jean Singer.
During the inspection, it was discovered that the company was monitoring its employees' bathroom visits, counting this time as “not worked” and therefore unpaid.
This raised immediate concerns at ORCT, which argued that such a practice could encourage employees to dehydrate or restrain themselves, which could lead to serious health problems, such as kidney problems.
As a result, in February 2022, the agency banned Jean Singer from continuing this practice, stating that the time needed to attend to physiological needs should not be treated as a conventional break.
The court's decision and the gender controversy
The company, however, appealed the decision. To the surprise of many, including labor experts, the Court ruled in favor of Jean Singer.
The justification was that Swiss labor law does not specify that going to the bathroom is a paid labor right, unless it occurs during a formal break provided for by law.
This decision, however, brought to light an even more controversial point: gender discrimination.
The court recognized that women may be disadvantaged by the requirement to record bathroom visits, especially for physiological reasons, such as the menstrual cycle, which requires more frequent and prolonged visits to the bathroom.
The court urged the company to review its practices and seek solutions to reduce this inequality.
What does Swiss law say about breaks?
A Swiss Labor Law requires companies to guarantee breaks during the working day. According to article 15, the rest period varies according to the length of the working day:
- 15 minutes for a day longer than 5 and a half hours,
- 30 minutes for a day longer than 7 hours,
- 1 hour for a day longer than 9 hours.
These breaks must be paid, as long as the employee remains at the workplace.
However, there is no direct mention of physiological needs, which opened the door for Jean Singer to argue that bathroom use should be counted as part of these breaks.
Company justification
Pascal Moesch, Jean Singer's legal representative, publicly defended the company's and the court's decision, stating that, regardless of whether it was a bathroom break, a meal break or a rest break, all work interruptions must be recorded and unpaid.
According to him, the company's policy is that employees use regular bathroom breaks, suggesting that this time must be deducted from the workday.
Repercussion in Switzerland
The decision caused an uproar among Swiss labor bodies and unions. Florence Nater, state councilor responsible for the labor area, expressed concern about the impact of this measure.
She fears that other companies will adopt similar practices, leading to an erosion of workers’ rights. “I hope this decision does not serve as a model for other companies,” Nater said.
Despite the controversy, Swiss employers have tried to minimize the impact of the decision.
Barbara Zimmermann-Gerster, from the employers' association, argued that this policy does not represent a standard for companies in Switzerland.
She highlighted that, amid the growing lack of skilled labor, it is essential for companies to offer attractive working conditions to retain your employees.
Ethical issues and possible consequences
The decision raises important questions about the limits of corporate control over workers' private lives.
The fact that a basic physiological need like going to the bathroom can be treated as unpaid time can affect the physical and mental health of workers and harm the relationship between employers and employees.
Furthermore, gender discrimination mentioned by the court highlights how seemingly neutral measures can have a disproportionate impact on different groups.
What will happen as a result of this decision? Will companies around the world follow Jean Singer’s example, or will Swiss lawmakers seek to close this legal loophole?
Do you think this practice of recording bathroom time could spread to other companies? Would your company do something like this? Leave your opinion in the comments!
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