The employer prohibits going to the toilet at certain times: is this legal and where to complain

The employer has the right to establish the work regime and internal labor regulations, but cannot actually prohibit employees from using the toilet when the body needs it.

Ukrainian legislation does not specify a specific number of times or a special schedule for visiting the toilet during the working day. At the same time, the rules of the enterprise should not create conditions that may negatively affect the health or dignity of the employee.

Is it possible to establish a “toilet schedule”

The Labor Code guarantees employees the right to healthy and safe working conditions. The employer, in turn, is obliged to create appropriate conditions for performing work.

Therefore, a rule according to which an employee can visit the toilet only at certain hours, regardless of physiological need, may be unlawful.

The procedure under which a person is forced to endure, to receive special permission each time, or is threatened with disciplinary punishment for visiting the toilet may also be problematic.

When the employer can still impose restrictions

Certain rules for leaving the workplace are allowed if they are objectively related to the specifics of the work.

For example, an employee may work with equipment or be responsible for a continuous technological process. In such a case, before leaving the workplace, it may be necessary to notify the responsible person or organize a replacement.

However, this does not mean that the employer gets the right to completely prohibit a person from satisfying natural needs.

And if the employer allows the toilet only during the lunch break

The break for rest and meals is regulated by labor legislation and is determined by the rules of the internal labor regulations.

However, the lunch break is not the only period during the working day when an employee has the opportunity to use the toilet.

Where to complain to an employee

If the employer has imposed a ban on using the toilet at certain hours, the employee can contact the State Labor Service of Ukraine or defend his rights in court.

The legality of specific rules will be assessed taking into account the nature of the work, the duration of the restriction, its consequences for the employee and the presence of objective reasons for such an order.

Thus, the employer can control the organization of the work process, but the rules should not create a situation where the employee is actually unable to use the toilet when necessary or is forced to work in dangerous or degrading conditions.