Nicola Imfeld and Martin Schmidt
The corona rules have been relaxed worldwide, the pandemic seems to be over. Now the Swiss could finally really take off again. But the mood of the cabin crew is on the ground. For months, the flight attendants have been complaining about the workload they have to deal with after the mass layoffs last year.
Now the passengers have also felt the extent. On the 23rd and On April 30, Swiss was unable to operate its flights between São Paulo (Brazil) and Buenos Aires (Argentina) as planned. The cabin crew had collectively called in sick. The reason: fatigue. Several hundred travelers were affected. Swiss had to rebook them on other flights.
Union stands behind crews
“It’s probably the only way to be heard,” writes a Swiss employee in an internal Facebook group. Others celebrate the affected crews for refusing to work. The action is obviously seen as a silent protest. But now the rude awakening could follow, because Swiss does not want to simply accept the procedure. “It is analyzed what specifically led to the cancellations,” said the airline on request. Talks are now being held with the flight attendants concerned.
It was not until the end of March that the executive floor of the Lufthansa subsidiary complained in an internal circular about “suspicious reports of illness”. Do the tired crews now have to face the consequences? “Penal measures would be unacceptable,” says Sandrine Nikolic-Fuss (53) from the cabin crew union (Kapers). It does not correspond to the safety-first culture in the aviation industry. “Safety is the top priority.”
Immediate dismissal possible
The union has taken a stand. But what about employment law? “If there was no actual incapacity to work during the absences – ideally supported by a doctor’s certificate – we would have to speak of a refusal to work. In this case, termination without notice would have been possible without a warning,” says labor law expert Daniel Streuli (38). But even with a doctor’s certificate, the cabin staff are not off the hook. “If there are justified doubts about this certificate, Swiss can demand that the employees visit the medical officer,” says Streuli. However, a violation of the employment contract would still be difficult to prove – even if the employees let it be known that the absence was a protest, says Streuli. “If you can prove at the same time that you are actually overtired due to the working conditions, Swiss has a bad hand.”
If a court were to rule on refusal to work, it could cost employees dearly. “However, the necessary proof of damage is often very difficult to provide and liability can be reduced,” emphasizes Streuli.