Employers have the right to require employees to clock in to use the restroom. A centrist elected official wants to change that.Image: watson/keystone
A national councilor calls for toilet breaks to be considered by law as working time in the future. Obvious? No way.
Follow me
Ticino National Councilor Giorgio Fonio calls in a motion for the Federal Council to develop, in collaboration with social partners, the legal basis for paid toilet breaks.
As Fonio explains at 20 minutes, “going to the toilet is a physiological need and therefore must be included in working time.”
Center-right politician Giorgio Fonio has served in the National Council since December 2023.Image: keystone
But hasn’t this already been settled a long time ago? Surprisingly, no…
Gap in labor law
In principle, breaks are enshrined in labor law. But Article 15 only deals with the length of breaks, not their purpose. There is a gap in the law here.
And this gap recently gave rise to a precedent-setting judgment. The cantonal court of Neuchâtel decided that toilet breaks were considered work interruptions, in the same way as other short breaks. Bosses therefore have the right to require employees to clock in to use the bathroom.
In practice, however, this instruction is rarely respected. Questioned by us in October, the Swiss Employers’ Union assumed that going to the toilet “is part of paid working time in the vast majority of cases”.
In this case, Giorgio Fonio’s proposal should pass without problem, right?
Business and politics rely on pragmatism
Not quite. Despite the gaps in the law, not everyone sees the need for action. The director of the Swiss Union of Arts and Crafts, Urs Furrer, emphasizes, for example, that pragmatism reigns in crafts and that no regulations are necessary:
“There is no need to go to court or create a new law for every problem”
UDC national councilor Diana Gutjahr also speaks out against the legal regulation of toilet breaks. For her, this proposal amounts to “micromanagement”. If we are for it, we should also regulate cigarette breaksstretching exercises or short walks.
In Diana Gutjahr’s company, employees do not have to clock in when they go to the toilet. However, the subject is regularly discussed, because some employees take longer and more frequent breaks than average. “Which also destroys the atmosphere in the team,” she explains to 20 Minutes.
UDC politician Diana Gutjahr runs a metal and steel construction company with her husband. Image: keystone
On this point, Gutjahr and the initiator of the motion agree. He also wants to avoid abuse when it comes to toilet breaks. “In such cases, action must be taken,” he explains. Ultimately, the concept of trust must prevail, he believes.
The news in Switzerland is here
Translated and adapted by Noëline Flippe
Swiss hospitals charge sky-high prices for implants, up to 25 times their actual cost. They are thus taking advantage of a loophole.
Swiss hospitals are using a new method of billing for implants that is allowing them to make huge profits. The Hirslanden group, for example, would have billed nearly 1,500 francs to a health insurance fund for an implant costing only 60 francs, report Tamedia headlines.
Related News :