Court upholds practice Swiss company makes employees clock out for toilet break
A Neuchâtel-based company requires employees to clock out for their toilet break. The court has now ruled that this is okay.
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- A Neuchâtel company requires employees to clock out for their toilet break.
- The court has now ruled that this is okay.
- The cantonal court found that there is no clear legal definition for breaks, which legitimizes the obligation to clock out.
A surprising ruling has brought the practices of watch manufacturer Jean Singer et Cie in Boudry NE into the spotlight: employees have to clock out when going to the toilet. This practice was uncovered during a coronavirus control in 2021 and led to a legal dispute that the company won in court, as reported by RTS.
The cantonal court found that there is no clear legal definition of breaks, which legitimizes the compulsory stamping. Nevertheless, it was noted that this regulation discriminates against women in particular during their period. The watch manufacturer must therefore introduce measures to compensate for the inequality.
The company's lawyer justified the stamping requirement by explaining that all types of breaks - whether toilet, meal or rest breaks - must be stamped. A visit to the toilet is a break from work.
Government Councillor Florence Nater expressed concerns to RTS that this ruling could encourage other companies to take similar measures. "I hope that this ruling will not be copied by other companies," said Nater.
The RTS research also revealed that three other watch companies in Neuchâtel follow similar practices. However, the companies "Sellita", "Universo" and "Rubattel and Weyermann" did not comment on the allegations.