Key legal question
Whether Swiss International Air Lines SA had passive standing for the employee's claims under Art. 333 CO after the employee had been placed in early retirement before any enterprise transfer.
Extracted holding
No. Because the employment relationship had already ended through early retirement before any possible transfer, no employment relationship existed to pass to Swiss; therefore related social-plan obligations were not transferred.
Extracted reasoning
Art. 333 CO applies only to employment relationships existing at the time of the transfer. Early retirement extinguished the employment contract, leaving only a post-employment claim to pre-retirement benefits, which is not an employment relationship.