Maritime labor law has significant differences from land-based labor law. The most striking of these is the rule of a 6-month minimum term introduced for indefinite-term seafarer contracts: The employer cannot dismiss the seafarer within the first six months unless there is a just cause. In this article, we examine the types of seafarer contracts, the meaning of the 6-month minimum term, the consequences of unfair termination before the contract term expires (remaining term wages, severance, notice, annual leave), and the principle of set-off in remaining wages, in light of the Maritime Labor Law no. 854 and Supreme Court precedents.
Brief Summary
A seafarer’s contract can be established in three types: fixed-term, for a specific voyage or indefinite-term (MLAL art. 7).
An indefinite-term contract cannot be terminated, except for just causes (art. 14), before six months have passed from the date of employment (MLAL art. 16/A) — a type of “minimum-term employment contract”.
In case of unfair termination before the contract term/minimum term expires, the seafarer may claim the remaining term wages (TBC art. 438) and, if conditions are met, their severance pay.
Notice pay only arises when an indefinite-term contract is terminated without observing the notice period; notice pay is not applicable in the early termination of a fixed/minimum term contract.
From the remaining term wages, amounts that the seafarer saved by not working and earned/deliberately avoided earning from another job are set off.
1. Types and Written Form of Seafarer’s Contract (DIML Art. 7 and 5)
Pursuant to Article 7 of Maritime Labour Law no. 854, the employment contract between the seafarer and the employer can be established in three ways: for a definite period, for a specific voyage or indefinite (of indefinite duration). A fixed-term contract ends upon the expiration of the term; whereas a contract made for a specific voyage automatically terminates when the ship unloads its cargo at the port of destination at the end of the voyage.
Article 5 of the Law stipulates that the contract must be made in writing and a copy given to each party. In the absence of a written contract or if the term is not specified, the contract is deemed to be of indefinite duration. The written form is crucial, especially for proving the type, duration, and remuneration of the contract.
2. The Difference in Maritime Labour Law: 6-Month Minimum Period (DIML Art. 16/A)
While an indefinite-term contract in terrestrial labour law can generally be terminated at any time (with due notice), there is a special safeguard in maritime labour law. DIML Art. 16/A is clear:
“An indefinite-term employment contract, except for the situations specified in Article 14, cannot be terminated before six months have passed since the seafarer’s employment.”
This provision effectively turns an indefinite-term seafarer’s contract into a minimum fixed-term employment contract: The employer cannot dismiss the seafarer within the first six months unless there are just causes for termination as per Article 14. In the practice of the Supreme Court’s Unification of Jurisprudence, this regulation has also been accepted as a typical example of a minimum fixed-term employment contract in our legislation. Therefore, even if there is no written contract or no term specified, a prohibition of termination applies to the parties for the first 6 months (except for just causes).
Extension of the Contract
If a seafarer continues to work at the end of a fixed-term service contract with the employer’s consent, the contract is deemed to be extended for the same period. This is an important consequence of silently continuing fixed-term contracts.
3. Unjust Termination Before the Contract Expires: Seafarer’s Rights
If the contract (fixed term or 6-month minimum term) is terminated by the employer without just cause before its expiry, the main rights that the seafarer can claim are as follows:
| Right | Description / Legal Basis |
|---|---|
| Fee for the Remaining Term | In the event of unjust termination before the minimum or specified period expires, the seafarer may claim their remuneration for the remaining period (Turkish Code of Obligations Art. 438 analogously). The principle of set-off applies (see below). |
| Severance Pay | When the conditions are met (especially in case of unjust termination of a fixed-term/minimum-term contract before its expiry), severance pay equivalent to 30 days’ wages for each full year may be entitled (Maritime Labour Law Art. 20). |
| Notice Pay | It arises only upon termination of an indefinite-term contract without observing the notice period (Art. 16/B). Notice pay does not come into question in the event of early termination of a fixed-term or minimum-term contract. |
| Annual Paid Leave | It is subject to working for at least 6 months in a calendar year under the same employer/on the same vessel (Maritime Labour Law Art. 40). Annual leave does not accrue for service less than 6 months. |
4. Termination Notice Periods — MLL Article 16/B
In the event of proper termination of an indefinite-term contract (after 6 months), prior notice must be given according to the length of service:
| Length of Service | Notice Period |
|---|---|
| Up to 6 months | 2 weeks |
| 6 months – 1.5 years | 4 weeks |
| 1.5 years – 3 years | 6 weeks |
| More than 3 years | 8 weeks |
These notice periods are minimum and can be increased by a collective labor agreement or employment contract. The party that fails to comply with the notice period shall pay notice compensation equal to the remuneration corresponding to the notice period (Art. 16/D). Furthermore, in cases where the right of termination is abused, such as a seafarer joining a union or filing a complaint, compensation amounting to three times the notice period’s remuneration shall be payable.
5. Principle of Set-off in Remaining Period Remuneration (TCO Article 438)
In cases where there is no specific regulation in the Maritime Labor Law (e.g., calculation of remaining period’s wages), Article 438 of the Turkish Code of Obligations shall be applied by analogy. In accordance with this article, when calculating the remaining period’s wages, the amount the seafarer saved during the period they did not work due to termination and the income they obtained from another job during this period (or deliberately avoided obtaining) shall be deducted from the total amount. Thus, the seafarer is prevented from earning double income; the amount that can be claimed is the remaining amount after this deduction.
6. Competent Court
Disputes arising from the employment contracts of seafarers subject to Law No. 854 fall within the jurisdiction of the Labor Courts in accordance with the Labor Courts Law No. 7036. Before filing a lawsuit, the prerequisite of mediation stipulated for labor disputes must also be observed.
Practical considerations:
The type (fixed-term/voyage/indefinite) and duration of the contract determine which rights will arise; therefore, a written contract and its copy are of critical importance.
In case of unfair termination, first the type and duration of the contract, then the remaining wages + severance + (if any) notice pay are evaluated separately.
In claims for remaining wages, deduction items (earnings from other jobs, etc.) should be taken into account from the outset.
The statute of limitations periods for wage, overtime, and leave receivables must not be missed.
Duration and Types of Employment Contracts According to the Maritime Labor Law
Pursuant to Article 7 of the Maritime Labor Law No. 854, service contracts between a seafarer and an employer can be established in three different ways:
For a definite period,
For a specific voyage,
Indefinitely (for an indefinite period).
Undetermined Contract Term and the Minimum Term Rule: The Maritime Labor Law, unlike general labor law, stipulates a “minimum term” for indefinite-term contracts. As stated in the decisions of the General Assembly of Unification of Case Law of the Court of Cassation (dated 23.02.2018, file 2017/1 – decision 2018/2) and the Grand General Assembly of the Court of Cassation (dated 08.03.2019, file 2017/10 – decision 2019/1); pursuant to Article 16 of the Law, indefinite-term service contracts cannot be terminated before six months have passed from the seafarer’s date of employment. This regulation is considered a typical example of an “employment contract with a minimum term” in Turkish labor law legislation. Therefore, if the contract duration is not specified or if there is no written contract, the contract is considered indefinite-term, but it presents a legal structure for the parties that includes a termination prohibition for the first 6 months (except for just causes).
Extension of the Contract: If, at the end of a definite-term service contract, the seafarer continues to work with the employer’s consent, the contract is deemed to be extended for the same period (Court of Cassation 9th Civil Chamber, dated 16.12.2024, file 2024/10149 – decision 2024/16175; Court of Cassation 9th Civil Chamber, dated 26.11.2025, file 2025/6353 – decision 2025/9178).
Rights of a Seafarer Upon Termination of the Employment Contract Before 6 Months Have Passed
In light of judicial decisions, the rights that a seafarer may claim when the employment contract is terminated by the employer without just cause before the expiration of the legal or contractual period (especially before the completion of the 6-month minimum period) are summarized below:
| Claim Category | Explanation and Supporting Decision |
|---|---|
| Remaining Term Wage | In case of unfair termination of the contract before the expiration of the 6-month minimum term or the determined term, the seafarer may claim their wages for the remaining term. (Court of Cassation 9th Civil Chamber, 08.04.2013, 2012/21256 E. – 2013/11389 K.) |
| Severance Pay | In case of unfair termination of a fixed-term contract before its expiration, the seafarer may be entitled to severance pay. (Court of Cassation 9th Civil Chamber, 16.12.2024, 2024/10149 E. – 2024/16175 K.) |
| Notice Pay | In fixed-term contracts or in case of early termination of a minimum-term contract, no right to notice pay can be acquired. Notice pay is only applicable for the proper termination of indefinite-term contracts. (Court of Cassation 9th Civil Chamber, 17.02.2015, 2013/10445 E. – 2015/6930 K.) |
| Annual Paid Leave | A seafarer whose seniority period is less than 6 months is not entitled to annual paid leave. (Court of Cassation 9th Civil Chamber, 09.05.2017, 2015/9036 E. – 2017/8163 K.) |
Principle of Deduction from Compensation: According to the Supreme Court General Assembly of Civil Chambers (dated 06.07.2021, File No. 2017/2363 – Decision No. 2021/923), when calculating the remaining period fee, the amount saved by the worker or income obtained from another job (or intentionally refrained from obtaining) during the period when they did not work due to the termination of the contract should be deducted from the total compensation.
Frequently Asked Questions (FAQ)
Can a seafarer be dismissed within the first 6 months?
In an indefinite-term contract, a seafarer cannot be dismissed, except for just causes (Art. 14) as per Article 16/A of the Seafarers’ Law, unless six months have passed since their employment. In case of wrongful termination before this period expires, the seafarer may claim the remaining period’s outstanding wages.
What are a seafarer’s rights if there is no written contract?
If there is no written contract or if the duration is not specified, the contract is considered indefinite-term, and the 6-month minimum term guarantee applies. Written form is important for evidentiary purposes; the type, duration, and wage of the contract can be easily proven with this document.
Is notice pay received upon early termination of a fixed-term contract?
No. Notice pay arises only upon termination of an indefinite-term contract without observing the notice period. In case of early termination of a fixed-term or minimum-term contract, not notice pay, but the remaining period’s outstanding wage (Turkish Code of Obligations Art. 438) comes into question.
Is a deduction made from the remaining period’s wage?
Yes. According to Article 438 of the Turkish Code of Obligations (TBK), the income saved by the seafarer and obtained from another job (or intentionally refrained from obtaining) during the period they did not work is deducted from the remaining wage.
How long does a seafarer need to work to qualify for annual leave?
They must have worked for at least 6 months within a calendar year under the same employer or on the same vessel (DİK art. 40). Annual paid leave does not arise for service less than 6 months.
Sources
Official sources: Maritime Labour Law No. 854 (mevzuat.gov.tr) · Ministry of Labour and Social Security — Maritime Labour Law FAQ
Maritime labour law is one of our firm’s areas of expertise. For our other content regarding seafarer claims and unfair termination disputes: 2mhukuk.com
Why is Expert Legal Support Necessary?
Maritime labour law contains special rules different from general labour law (minimum period of 6 months, voyage-based contracts, special notice periods for termination). Which rights will arise depends on the type, duration, and reason for termination of the contract. The correct structuring of claims for outstanding wages, severance pay, and notice pay, as well as considering set-off items and the statute of limitations, is crucial for the full and secure collection of receivables.
2M Law Office provides support regarding litigation strategy and petition preparation to seafarers and employers in maritime labor law, seafarer claims, unfair termination, and maritime commercial disputes; especially in Tuzla (shipyards region) as well as along the Pendik, Kartal, Maltepe, and Gebze/Kocaeli line. For an evaluation regarding your specific case: 2mhukuk.com
This article is for general informational purposes; it does not constitute legal advice or attorney services. Each dispute must be evaluated under its unique circumstances.
