Toileting at work: Legal gaps show need for action

A national committee has called for toilet breaks to be decriminalized as working time in future. Of course? Not at all.

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In a motion, Ticino national MP Giorgio Fonio asked the Federal Council to work with social partners to develop a legal basis for paid toilet breaks.

Centrist politician Giorgio Fonio has been a member of the National Assembly since December 2023.Image: trapezoid

As Fonio explained to 20 Minutes, “going to the toilet is a physiological need and therefore must be included in working time”.

But hasn’t it been regulated this way for a long time? Surprisingly no…

Labor law loopholes

In principle, rest periods are stipulated by labor law. But Article 15 only deals with the length of the rest period, not its purpose. There is a loophole in the law here.

This disparity recently led to a landmark ruling. The cantonal court in Neuchâtel ruled that toilet breaks, like other short breaks, are considered working time. This means bosses can ask employees to use the toilet after get off work.

But in practice, this requirement rarely occurs. Responding to a request from CH Media in October, the Swiss Employers Association argued that going to the toilet “is in the vast majority of cases part of paid working time”.

So Giorgio Fonio's proposal should actually be passed without any problems, right?

Business and politics rely on pragmatism

Not exactly. Despite the legal loopholes, not everyone believes action is necessary. For example, Urs Furrer, president of the Swiss Trade Association, emphasized that pragmatism dominates trade and there is no need for regulation. “You don’t have to bring in a judge or create a new law for every issue,” he said.

Senior Vice-President National MP Diana Gutjahr has also spoken out against legal requirements for bathroom breaks. To them, this advice is “micromanagement.” If you agree, you must also regulate smoking breaks, stretching, or short walks.

Senior Vice Presidential politician Diana Gutjahr runs a steel and metal construction company with her husband. She didn't believe the motion.Image: trapezoid

At Gutjar's company, employees don't have to punch in when using the restroom. Still, the topic comes up again and again because some employees are taking more frequent and longer breaks than average. “It also ruined the mood of the team,” she told 20 Minutes.

Gutjar and the sponsors of the motion agreed. He also wants to prevent misuse of toilet breaks. “In this case, something has to be done,” he explained. Ultimately, the concept of trust must prevail.

In 2023, nearly 72,000 people died in Switzerland. For the first time since 2020, Covid-19 is no longer among the top five causes of death.

In 2023, COVID-19 will still account for 2% of deaths in Switzerland. This means the virus is no longer one of the five most common causes of death. Most deaths still occur from cardiovascular disease and cancer.