Page 16 - IAV Digital Magazine #604

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Swiss Court Rules Workers Must Clock Out For Bathroom Breaks
GENEVA (AP) — A court in Switzerland — where time is money for its famed watchmaking industry — has ruled that a dial manufacturer was justified in telling workers: If you need a bathroom break, clock out and take it on your own time.
An investigative report by public broadcaster RTS over the weekend revealed how a regional court in western Neuchatel ruled that watch dial maker Jean Singer & Cie SA was within its rights to require staffers to punch out for toilet time.
The case has bared what some say is a labor-law loophole in a rich Alpine country with a reputation for running like clock- work.
Word of the clock-out requirement leaked to labor inspectors on a site visit during the
COVID-19 pandemic in 2021, according to the ruling, which was delivered in June but made public late last month.
They subsequently ordered the company to end the practice, alleging a violation of federal labor law that protects workers’ per- sonal needs and arguing that it could cause workers to “hold it in or not hydrate, which could lead to serious physi- ological disorders,” the ruling said.
In its legal action against the order, Singer insisted its staffers had “a great deal of freedom” dur- ing their breaks — whose length was “left to the discretion of each employee” — and the clock-in sys- tem didn’t involve telling managers why staff took breaks.
Pascal Moesch, a lawyer for the 105- year-old family-run
business, told RTS that the company believed the issue was generally about “an interruption of work — whether a toilet break, meal breaks, rest breaks, phone breaks, (or) a nature walk. So regardless of the rea- son for the break, it requires clocking- out.”
The court said that while Swiss law was clearer on issues like the hygiene of rest- rooms and the rights of company leaders to make decisions suited to the specific needs of their busi- nesses, a “loophole” remains when it comes to bathroom breaks — a hint that lawmakers might need to intervene to fill it.
In its ruling, the court wrote that “Swiss law does not mention the right of employees to go to the toilet, even though this is a basic physiological need.”
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