Question juridique clé
Whether the business transfer passed the employment relationship to the buyers under Art. 333 CO
Solution extraite
The employment relationship had passed to the buyers at the time of the transfer, together with the associated rights and obligations.
Motifs extraits
At the transfer date the employment relationship had not yet ended because the notice period was suspended during the protection period. In any event, Art. 333 CO caused the automatic transfer of the employment contract to the acquirers.