Can an employer keep you from using the restroom?

Can an employer keep you from using the restroom?


– Guidelines for the continued granting of exemptions in accordance with Article 71 of Regulation (EU) 2018/1139 (The Basic Regulation) to aircrew as per Regulation (EU) No 1178/2011, Regulation (EU) 2018/395 and Regulation (EU) 2018/1976.

– Royal Decree-Law 8/2021, of May 4, adopting urgent health, social and jurisdictional measures to be applied after the end of the state of alarm declared by Royal Decree 926/2020, of October 25, declaring the state of alarm to contain the spread of infections caused by SARS-CoV-2.

On the other hand, paragraph 3 of Article 7 provides that the Aviation Safety State Agency is responsible for the supervision of the compliance with the adapted EASA/ECDC Guidelines and with the international recommendations declared equivalent applicable in accordance with the reciprocity principle.

The Agency may additionally, after hearing the Facilitation Committee, adopt guidelines or guidance material relating to the implementation of the requirements and on the oversight procedures it carries out.

Going to the toilet is a human right

The answer is complicated because no regional regulation on bars pronounces positively on the matter. Rather, they leave the door open to what the establishment’s “internal rules and regulations” say on the matter. That is, if there are any, which is not always the case.

a) Not to alter the coexistence and the internal rules of access and permanence, being able to require the owner of the establishment of restoration, or the personnel that lends its services in the same one, the assistance of the bodies and forces of security of the State.

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Bathrooms in companies

According to Law 1562 of 2012, which expanded and modernized the occupational risk system, it is the employer’s duty to ensure the physical and mental well-being of workers, guaranteeing conditions and an adequate working environment.

Likewise, Resolution 2400 of 1979, which establishes provisions on housing, hygiene and safety in workplaces, indicates that a toilet, a sink, a urinal and a shower must be installed for every 15 workers, separated by sex and equipped with toilet paper, collection containers, soap and disinfectants, among other elements.

How many times can I go to the bathroom at work in Mexico?

In accordance with Article 6 of this Law, it will be the regulatory norms that will establish and specify the more technical aspects of the preventive measures, through minimum standards that guarantee the adequate protection of workers. Among these are necessarily those aimed at guaranteeing safety and health in the workplace, so that their use does not give rise to risks for workers.

By virtue thereof, in accordance with Article 6 of Law 31/1995, of November 8, 1995, on the Prevention of Occupational Risks, at the proposal of the Minister of Labor and Social Affairs, having consulted the most representative business and trade union organizations, having heard the National Commission on Safety and Health at Work, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of April 4, 1997,

1. For the purposes of this Royal Decree, workplaces shall be understood to be those areas of the workplace, whether built-up or not, in which workers must remain or to which they may have access because of their work.

Can an employer keep you from using the restroom?
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