Put yourself in the situation: you are going to work tomorrow like every day and, out of pure primal instinct, you feel the need to go to the toilet. You normally come, wash your hands, leave and return to your post. At that moment, your boss appears to ask you for explanations and deduct these minutes from your working dayeither by having to make up for it later or by withdrawing some of the money.
This sounds absurd and in fact it is. But in Switzerland, you shouldn’t think that. Or not at all, since a Swiss court handed down a ruling according to which allows companies to monitor absences to use the toilet. Something that at many companies, including Apple, would be absolute madness, regardless of what the law says.
Why Switzerland now “punishes” going to the toilet during working hours
Several countries, including USA, are leading social debates on increasing the minimum wage or reducing the working day. However, in Switzerland it seems that the path is practically the opposite when it comes to sanctioning those who report to the service during their working day. Or rather, Allow businesses to track restroom visits
It all started in the middle of the COVID-19 pandemicwhen Swiss media RTS uncovered a controversial case at watch company Jean Singer&Cie, which required workers to clock in every time they went to and from the toilet. The union responsible for respecting working conditions in Swiss companies has sounded the alarm on this affair.
The union believes that this practice could encourage employees, for fear of having money withheld from their salary, to avoid going to the service when they need to, thus potentially causing “serious physiological disorders”. Thus, in February 2022, they banned this practice in the company, alleging that this type of interruptions cannot be considered work breaks, because “they are not intended for recovery” and are intended for hydration and/or the satisfaction of physiological needs.
The company proudly acknowledges this practice, stating that “going to the bathroom is not work.”
Far from simply complying, Jean Singer&Cie appealed this ban before the Swiss labor courts. Today, two years later, The Public Law Court handed down a dangerous judgment
From the company, far from hiding, They defend this policy by asserting that no matter the type of interruption, the work is interrupted and so is the remuneration. It must take place in accordance with this. And objectively, we can agree, even if it is common sense to think that these are not breaks that employees specifically and voluntarily seek.
No company will be forced to do this
Apple Store in Rennweg, Zurich (Switzerland)
We had already warned in the introduction that, despite a court decision, no Swiss company will henceforth be obliged to count toilet breaks. It’s an option they have
In cases like Apple, we experience much more lax labor policies that precisely emphasizes respect for human rights and days of rest. And it is worth going to the toilet is not a human right, but it is a very basic need and is even included in the law of many countries like New Zealand, the United Kingdom or the United States. United.
Likewise, Apple’s code of ethics also includes overtime as something voluntary and not as a duty. This means they couldn’t mandate that bathroom breaks be compensated for overtime either. And fortunately, there are many companies (the majority, we think) that prioritize the well-being of their workers over the 2, 5 or 10 minutes they can “lose” going to the service.
Cover image | Vadim Artyukhin on Unsplash
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