Questão jurídica principal
Whether Swiss International Air Lines had passive standing for claims arising from the pre-retirement plan under Art. 333 CO.
Decisão extraída
No. The employee had already been placed in early retirement before any possible business transfer, so no existing employment relationship passed to Swiss.
Fundamentação extraída
Art. 333 CO transfers only employment relationships existing at the time of the transfer. Early retirement had ended the employment relationship; therefore related social-plan obligations were not transferred.