Key legal question
Whether Swiss had passive standing for pre-retirement and related benefits under Art. 333 CO after the employee's early retirement.
Extracted holding
No. Because the employee's early retirement had already extinguished the employment relationship before any possible transfer, Swiss did not acquire the related obligations.
Extracted reasoning
Art. 333 CO transfers only existing employment relationships. A pre-retiree is no longer in an employment relationship: the duty to work and the duty of loyalty have ended, so the ensuing social-plan benefits are not transferred with the enterprise.