Kernrechtsfrage
Whether SR Technics had passive standing for claims arising from the social plan after the business transfer.
Extrahierter Entscheid
Yes. The transfer of the technical service business caused the employment relationship and related obligations to pass to SR Technics under Art. 333 CO, and a prior agreement could not exclude that consequence.
Extrahierte Begründung
Art. 333 CO applies to a real transfer of an undertaking or part of it; its mandatory effects cannot be contracted out by employer, transferee, or worker, and a later service-leasing arrangement cannot defeat the statutory solidarity.