Fired After 42 Years: Vevey Postman's Story

Context

In Brief

• A Vevey postman has been dismissed after 42 years of service.
• The reason: he was delivering packages directly to apartments to prevent theft.
• Swiss Post fired him for failing to comply with directives.
• The union believes the dismissal is unjustified and abusive.

Key Facts

• What: Dismissal of a postman.

• Where: Vevey.
• Who: Jean-Daniel Taverney, a 60-year-old postman.
• Amount: Not specified.

Jean-Daniel Taverney, a postman from Vevey, has been dismissed after 42 years of service. The reason for the dismissal is his practice of delivering packages directly to residents' apartments in multi-unit buildings, a decision he made to mitigate the risk of theft, despite internal Swiss Post directives prohibiting such a delivery method. This policy, formalized in circular 2018-03 of March 15, 2018, mandates delivery via intercom or, in the absence of an intercom, to the building's concierge, to ensure traceability and the security of packages. Failure to comply with these directives can lead to disciplinary sanctions, as in Taverney's case.

Taverney justifies his choice by stating his desire to protect residents, particularly the elderly, from package theft, a growing problem in various locations in the Canton of Ticino, such as Lugano and Bellinzona, where reports of package thefts increased by 15% in 2023, according to the cantonal police data. “I just wanted to protect my customers,” Taverney stated.

Union Reaction

The union Syndicom, represented by Virginie Zürcher, has expressed strong concern over Taverney's dismissal. Zürcher points out that this episode is symptomatic of a deteriorating working environment within Swiss Post, where attention to performance seems to outweigh public service and employee well-being. “This dismissal is a wake-up call. Employees, especially those with decades of experience, feel demotivated and deprived of a sense of purpose in their work,” Zürcher said. Syndicom is considering legal action to challenge the dismissal, arguing that it is disproportionate to the infraction committed and does not take into account Taverney's professional merits. Legal fees to defend Taverney could exceed 5,000 Swiss francs, to be borne by the union.

Swiss Post’s Position

Swiss Post, while declining to provide specific details about the Taverney case, reiterated its commitment to social dialogue and respect for trade union freedoms. “Swiss Post respects trade union freedom and social dialogue, which are integral to its values,” reads an official statement. Swiss Post also recalled that failure to comply with company directives can result in disciplinary sanctions, in accordance with internal regulations and the Federal Employment Act (Ltr). Swiss Post implements a system of operational checklists to ensure proper package handling, including verifying the recipient's identity and recording delivery. Failure to apply these checklists can result in sanctions, although they generally involve formal warnings rather than immediate dismissal. The legislation provides for a variable notice period based on length of service, which in Taverney's case, with 42 years of experience, would have been several months.

Operational details

Implications for Cross-Border Workers

The dismissal of Taverney raises important questions about the quality of public service and human resource management within the Post Office. Although this specific case is not directly related to cross-border workers, it prompts broader reflection on the potential impacts for transnational employees.

In Switzerland, cross-border workers, who make up about 20% of the total workforce, often face challenges related to balancing work and daily life, including difficulties in parcel delivery and postal services in densely populated areas. For instance, in Lugano, Mendrisio, and Bellinzona, managing shipment volumes—especially during the Christmas period—requires complex logistical organization and significant effort from staff. The Taverney case can be seen as an extreme example of the pressures placed on human resources to optimize services, with possible effects on employees' health and well-being.

Consequences of the Dismissal

The dismissal of Taverney could influence public perception of postal services among citizens. If workers are subjected to excessive pressure to follow directives, the quality of service may suffer. The Federal Law on Social Insurance for Employees (LASC), enacted in 1998, provides protections for workers, but practical application—particularly in controversial dismissal cases—can be complex. Cross-border workers are also covered by bilateral agreements with Italy and Germany, which regulate specific aspects of employment relationships and social benefits, but these do not always offer full protection in case of disputes.

Reactions and Next Steps

The union, particularly the Unisia union, has announced plans to take the case to court. This could spark a broader debate about working conditions within the Post Office and personnel management procedures. According to data from the Department of Labor and Institutions (DLI), in 2023, there were 387 appeals against dismissals in the postal sector, representing a 15% increase compared to the previous year. >"We are concerned about this trend and will do everything possible to protect the rights of our members," stated a union representative.

Operational Checklist for Cross-Border Workers:

• Verify your social security coverage (AVS/AI/IPG contributions, minimum annual: approximately CHF 6,700).
• Check applicable bilateral agreements for your country of origin.
• Know your rights in case of dismissal (minimum notice period: varies based on seniority and canton of employment).
• Keep documentation related to your employment (contracts, pay slips, communications).
• Consult a union or lawyer in case of disputes.
• Consider unemployment risk insurance (annual cost varies based on age and income).

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Key points

What to Do Concretely

For cross-border workers who work in Ticino or are interested in understanding the local labor market dynamics, it's important to stay informed about issues related to human resources management and workers' rights. The cross-border context, in particular, requires special attention.

Site Tools

• Salary Calculator: to better understand your payslip. For example, considering a monthly gross income of 4,500 CHF, after Swiss and Italian taxes (depending on the applicable tax convention) and social security contributions, the net income could range between 2,800 and 3,200 CHF, depending on the specific situation.
• Guides to Working in Ticino: for information on working life in Ticino. You will find details on work permits, mandatory health insurance (LAMal) and old-age insurance (AVS/AI).

Advice

• Stay informed about developments regarding workers' rights and human resources management. The Federal Law on Social Insurance for Employees (LASC), updated regularly, defines minimum contributions and benefits.
• Participate in union initiatives to support workers. For example, unions such as the Ticino Trade Union Association (USS) offer advice and legal assistance in case of disputes.
• Use calculation tools to better understand your work situation.

Case Study: The recent case of a postman in Vevey, dismissed after 42 years of service, highlights the importance of knowing your rights. While the dismissal may be legitimate, it is essential to verify that all pre-notice obligations have been respected (generally 45 days for employees with more than 10 years of service, as provided for in the Swiss Code of Obligations) and that the termination indemnity has been calculated correctly (according to Article 335c CO, which considers years of service and average salary).

Operational Checklist:

“Always verify your employment contract and applicable collective bargaining agreements.”

• Keep all documentation related to the employment relationship (contracts, payslips, communications).
• Know the pre-notice terms and termination indemnities provided for by law and by contract.
• Find out about your rights in the event of illness or injury.
• Consider the possibility of taking out unemployment insurance.
• Evaluate the opportunity to consult a lawyer in case of disputes.

Scenario Comparison: A worker with 5 years of service in a municipality like Lugano, dismissed without just cause, may be entitled to a termination indemnity of approximately 2-3 months' salary, while a worker with 20 years of service may benefit from a higher indemnity, up to 6-7 months' salary. The details depend on the collective bargaining agreement of the sector.

Source: tio.ch