HR Strategy

World of HR: Swiss court rules employers don’t have to pay employees for bathroom breaks

The ruling came after watchmaker Jean Singer & Cie SA made workers clock out for bathroom breaks, personal phone calls, and meals.
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Francis Scialabba

less than 3 min read

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Time is money, especially in Switzerland, known for timepieces that often cost over $500,000. One employer is taking that to heart, telling its workers to forgo using the restroom, or do so on their own time, according to a June court ruling unveiled in September.

A regional court in Neuchâtel, a small city in western Switzerland, ruled that Jean Singer & Cie SA, a Swiss watchmaker, does not have to pay its employees during their bathroom breaks, the Associated Press reported. The decision came down three years after labor inspectors learned about the company’s policy and expressed concern that it could be harmful to workers.

But the court disagreed, ruling that, “Swiss law does not mention the right of employees to go to the toilet, even though this is a basic physiological need.” It also noted that while the practice may continue, Jean Singer & Cie SA must modify its policy to ensure it does not discriminate against women.

For its part, the company said its workers “have a great deal of freedom” when they clock out, in terms of how long they’re away and who they have to tell, Fortune reported. That time can also be used for meals, personal phone calls, or anything else that’s not work-related.

Some employment experts are afraid that the ruling could set a poor precedent that could lead other companies in the country to implement similar policies and find some workers having to provide medical documentation if they need to use the restroom frequently, Swiss news outlet RTS reported.

It begs the question: How much is a bathroom break—or two—worth to you?

Quick-to-read HR news & insights

From recruiting and retention to company culture and the latest in HR tech, HR Brew delivers up-to-date industry news and tips to help HR pros stay nimble in today’s fast-changing business environment.

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