Judicial principles and studies
Annulment of the Appellate Decision and Effects of Workplace Transfer in Fixed‑term Contracts
Summary setting out the effects of annulling an appellate decision on the appeal process and how law treats an employer's transfer of a worker where a contract contains a transfer clause and the 30‑day notice is not observed.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
A cassation ruling annulled an appellate decision and left the initial court, acting as the appellate court, to address the plaintiff's appeal because subsequent decisions were set aside; consequently, the defendant's second appeal lost effect. Separately, the available points address employer transfers when the employment contract contains a transfer clause and the requirement to notify the worker, with specific consequences for fixed‑term contracts under Article 26 and rules on leaving work under Article 29.
Summary
- The trial court acting as appellate must consider the plaintiff's appeal in light of the annulment, while the defendant's later appeal no longer exists. - An employer may transfer a worker if the contract authorizes it; if the transfer breaches the contract or law, the worker may quit without notice and claim legal entitlements on termination, noting that claims in fixed‑term contracts are limited to rights provided by Article 26. - Although the contract authorized transfer, it required notifying the worker 30 days before effect; because the transfer letter took effect from its issuance, the 30‑day notice condition was not met, making the worker's departure consistent with Article 29 and supporting a claim to wages until the contractual term's end. - Procedurally, Article 168/3 of the Civil Procedures law provides a specific remedy (request for omission) for parties when a judgment omits their requests; the plaintiff did not pursue that remedy within the appeal period, so the court should have dismissed those wage claims on procedural grounds without addressing their merits.
Practical significance
- For employers: include clear contractual transfer clauses and comply with required notice to reduce exposure to wage claims. - For workers: awareness of the right to leave without notice and to claim contractual wages when transfers violate contract or law, especially in fixed‑term agreements. - Procedural point: timely use of the omission remedy is necessary to avoid formal dismissal of claims. Note: This is a general educational summary and not a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.