Discrimination at work –
Unia opposes the stamping of toilet breaks
The union filed a conciliation request with the Neuchâtel authorities to denounce the practice of stamped bathroom breaks in the Singer company.
Published today at 9:29 a.m.
Unia judges that stamping toilet breaks creates gender inequalities.
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Unia announced on Thursday that it had filed a request for conciliation in order to stop the stamping of employees who go to the toilet. The union explained that this practice creates gender inequalities.
When the decision of the Neuchâtel Cantonal Court was announced in September, Unia sent a letter of formal notice to the Singer company, with the aim of putting an end to its practice. “Unfortunately the response received from the company is more than disappointing. It now requires us to file a request for conciliation with the competent Neuchâtel authorities,” the union said.
Unia judges that this measure is discriminatory against women within the meaning of Article 3 of the Federal Law on Equality between Women and Men. This explicitly prohibits indirect discrimination, i.e. the imposition of so-called neutral measures, but which have a greater negative impact on women than on men.
Unia thus underlines that the ban on discrimination applies to the adjustment of working conditions, such as the stamping of breaks. “The discriminatory nature of this stamping policy was also recognized by the Cantonal Court, which noted the disadvantage that this represents for women who on average have to go to the toilet more often than men”, we can read in the press release.
To go smoke too
The dial manufacturer Jean Singer, which employs nearly 400 people and has sites in Boudry and La Chaux-de-Fonds, won its appeal in September against the decision of the Neuchâtel Office for Relations and Working Conditions. (ORCT). The Cantonal Court ruled in his favor.
“Having toilet breaks stamped is the best alternative in terms of equality,” explained his boss Joris Engisch. In detail, all employees have a legal obligation to take at least a half-hour break at midday. In addition, the company offers 15 minutes of paid break per day, which are automatically counted as such.
The number of breaks is not counted, but for each work interruption, whether to go to the toilet, smoke or chat, the employee must stamp. And Joris Engisch recalls that the measure dates from around 30 years ago.
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