Questione giuridica chiave
When did the employment transfer take effect for pension purposes and when did the vested-benefits claim become due?
Decisione estratta
The transfer could not be retroactively fixed to 1 March 2002; it took effect no earlier than 1 July 2003, when the employee was officially informed.
Motivazione estratta
Retroactive transfer under Art. 333 CO is generally inadmissible because it would alter existing legal relations and undermine legal certainty. The employee had not opposed the transfer, so she tacitly accepted it, but only from the time she learned of it.