We all have to. That is not a great insight. Whether at home, on the move or at work, what needs to go out must go out. Accordingly, toilet breaks at work are not uncommon. But what about recording working hours? After all, it’s not exactly productive working time that you spend on the toilet. So should this be considered break time?
The legal regulations for toilet breaks
Basically, the discussion has been going on for ages: Are toilet visits still working time or are they already breaks? And if it’s still working time, how long can you spend in 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, toilet visits are neither working time nor break time.
A definition is therefore fundamentally difficult. It is clear 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 it.
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 termination without notice.
Of course, toilet visits should remain within certain limits. Unless it’s for health reasons, it’s basically “in and out as fast as you can”.
A few years ago, a British company introduced a toilet for this purpose with a seat that was inclined by 13 degrees. So it wasn’t particularly cozy and the employees were encouraged to do their business quickly and get back to work. The company was met with ridicule and criticism and then backed away 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 received a warning.
Fortunately, these “measures” did not prevail. 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 on 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 assess how legally binding this decision still is. However, it shows that the toilet breaks have to be quite long in order to 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 need, it is clear that all employees must be provided with an opportunity to fulfill 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 next to it with a stopwatch or set exact times. Of course, the leeway ends somewhere, but sometimes it just takes a little longer.
