We all have to go through it. That’s not a big realization. Whether at home, on the road or at work, what needs to go out, needs to go out. Accordingly, toilet breaks at work are not uncommon. But what about recording working time? After all, it’s not exactly productive working time that you spend on the toilet. So should it be considered break time?
The legal regulations for toilet breaks
Basically, the discussion has been going on for ages: Are trips to the toilet still working time or are they already breaks? And if it is still working time, how long can you spend on the toilet before it becomes a break?
In fact, there are no clear answers to these questions. Not even labor law itself has a clear regulation for this. According to the trade regulations, going to the toilet is neither working time nor break time.
A definition is therefore fundamentally difficult. What is clear is that going to the toilet is a basic need and therefore does not constitute a breach of work obligations.
It’s the same with drinking. If you take a sip of water, you don’t have to take an extra break.
Due to personal rights, such short breaks may not be contractually prohibited or otherwise regulated. They are simply part of the job.
However, as toilet time is not working time, accident protection does not apply here. An accident in the toilet is therefore not an accident at work. In theory, of course, not much should go wrong, but you never know.
How much time can be spent on the toilet?
Neither working time nor break time. So far the facts have been clarified. One question that arises from this: How much time you are allowed to spend on the toilet at all.
There are no clear rules for this either, but there are certain indications. Of course, going to the toilet only counts as such if it is used for what it is intended for. Anyone who plays around on their cell phone or even takes a short nap no longer meets the requirements. This is then a refusal to work and can be punished with a warning or even dismissal without notice.
Of course, visits to the toilet should remain within certain limits. Unless it’s for health reasons, it’s basically “in and out as quickly as possible”.
A few years ago, a company in the UK introduced a toilet for this purpose with a seat that was inclined at 13 degrees. It was not particularly comfortable and employees were encouraged to do their business quickly and get back to work. The company was met with ridicule and criticism and then backed down again.
One company in the USA went even further. It installed its own time clocks in the toilets so that employees could record their toilet times. Anyone who spent more than 6 minutes a day on the toilet was given a warning.
Fortunately, these “measures” have not caught on. In Germany, it would not be possible to implement something like this anyway due to the personal rights of employees. Therefore, in the best case scenario, simply trust that your employees do not want to live in the company toilet, but really only use it for their basic needs.
However, none of these things make it clear how much time you are allowed to spend in the toilet. Ultimately, it is up to the employer to decide when they think someone is spending too much time in the toilet.
What can be said, however: According to a court decision from 2009, even 30 minutes a day in the toilet is no reason to reduce an employee’s salary. It is difficult to say how legally binding this decision still is. However, it shows that the toilet breaks have to be quite long before you can really take action.
Conclusion
Toilet breaks or toilet visits or toilet time – whatever you want to call it, unfortunately not much is clearly regulated. As a basic requirement, it is clear that all employees must be provided with an opportunity to meet these basic needs.
Otherwise, the laws are very lax and it is up to the employer to decide where the boundaries are drawn. However, you can’t stand there with a stopwatch or set exact times. Of course, the leeway ends somewhere, but sometimes it just takes a little longer.
