CURIOUS

by attorney at law Thomas Wehrli


The big WC break debate: Stamping out or pushing through? 


The watch manufacturer Jean Singer et Cie in Boudry is very strict about break times. The company demands that all breaks at work – including toilet breaks – must be stamped. The aim was supposedly to ensure equal treatment and prevent abuse. When the cantonal labour office discovered this practice during an inspection during the coronavirus period, it declared it illegal because it violated the Labour Act and endangered the health of employees.

The Labour Act stipulates that the break must be 30 minutes for working hours of more than 7 hours and 60 minutes for working hours of more than 9 hours. The purpose of the break is to recover during the working day. Breaks, i.e. the interruption of working time, are not considered working time and therefore do not have to be paid.

In the recent ruling of the Cantonal Court of Neuchâtel (ruling no. CDP.2024.36 of 27 June 2024), the watch manufacturer’s practice was confirmed: You are allowed to oblige your employees to clock out when going to the toilet. The court reasoned that the term ‘break’ was not clearly defined in the law and that toilet breaks could therefore be counted as break time.

If you are still allowed to go to the loo at company expense, it’s obviously time to thank your generous employer.