Though we often associate parliamentary discussions with high-minded debates over policy, economics, and law, recent days have seen the Swiss government discuss a very different kind of business. A Centre Party National Councillor has submitted a proposal that would require toilet breaks to be included as part of working hours. Here’s why:
In a proposal submitted to the lower chamber of parliament, Ticino National Councillor Giorgio Fonio called on the government to create a legal basis for “paid toilet breaks”. As part of the motion, all workers in Switzerland would have their toilet breaks included as part of the working day.
“Going to the toilet is a physiological need and must be included in working time,” he told 20 Minuten. As employers have a duty of care when it comes to the health of their employees, he argued that they must include toilet breaks as part of fair compensation.
While the idea of having to clock in and out of work to go to the bathroom may seem insane, it is not unheard of in Switzerland. In fact, in October the cantonal court of Neuchâtel ruled in favour of a Swiss watchmaker, Jean Singer et Cie, which required its employees to log every time they visited the bathroom. This time was then treated as non-working hours when it came to salaries.
Though they advised against other companies following suit, the court argued that technically toilet breaks “constitute interruptions of work, since the worker is not at the employer's disposal during this period.” As the concept of a work break is not defined in Swiss labour law, the court was unable to ban employers from asking their workers to clock in and out to go to the bathroom.
Fonio argued that this legal loophole has to be filled, stating that it is “incompatible with the principles of labour law.” Echoing the court ruling, he said the lack of legal certainty also raised the prospect of female discrimination, as women visit the bathroom more often than men during menstruation.
In response, Swiss People’s Party National Councillor Diana Gutjahr told 20 Minuten that the proposal amounted to “micromanagement”, arguing that if the law passes everything from cigarette breaks to short walks would also have to be regulated. She added that it would allow staff to exploit unlimited toilet breaks, “ruin[ing] the team atmosphere”, and that breaks should be regulated via trust rather than work contracts.