Can a seafarer be dismissed within the first 6 months according to the Maritime Labor Law? This is the first question many seafarers ask as soon as they set foot on land and are told, “your employment contract has been terminated.” Maritime Labor Law No. 854 introduces a special termination regime different from that for land workers and virtually considers the first six months of an indefinite-term contract untouchable. In this article, we explain the meaning of the Maritime Labor Law 6-month rule, in which cases this period does not apply, and the seafarer’s rights to notice and bad faith compensation, from a practical perspective.

What Does the 6-Month Period Mean in the Maritime Labor Law? (Art.16/A)

According to Article 16/A of Maritime Labor Law No. 854, an indefinite-term employment contract cannot be terminated by notice unless six months have passed since the seafarer’s employment. In other words, the contract acts like a “minimum-term” contract for the first six months.

This period has an important characteristic: the protection is not one-sided. The six-month termination prohibition binds both the employer and the seafarer. Therefore, during this period, neither the employer nor the seafarer can terminate the contract by giving notice.

So, what is the purpose of this regulation? Due to the nature of maritime work, it is intended to provide a minimum job and wage security, especially for seafarers embarking on long voyages. At the same time, the employer is also guaranteed personnel continuity. You can access the full text of the regulation from the official source, the Maritime Labor Law No. 854 on mevzuat.gov.tr page.

Is the 6-Month Period Absolute? Exception for Termination with Just Cause (Art. 14)

The six-month immunity period is not an absolute prohibition on termination. In cases of termination without notice (for just cause) listed in Article 14 of the Law, the contract can be terminated immediately without waiting for the six-month period to expire.

Examples of just cause for termination include:

Disciplinary misconduct of the seafarer,

Non-payment or late payment of wages,

Illness and similar situations that make it impossible for the parties to continue the contract.

In summary: The Maritime Labour Law’s 6-month rule only provides protection against notified termination. If there is a just cause, either the employer or the seafarer can exercise the right to terminate without notice and without compensation, even before the six months are up. Therefore, not every early termination is automatically considered unfair; the nature of the termination reason is decisive.

Who Does the Maritime Labour Law Apply To? (Scope – Art. 1)

There is a critical detail here: A person’s status as merely a “seafarer” is not sufficient on its own for them to be covered under the Maritime Labour Law. For the law to be applicable, at least one of the conditions in Article 1 must be met:

Flag and tonnage condition: Working on vessels carrying the Turkish Flag in seas, lakes, and rivers, and having a gross tonnage of 100 or more.

Employee count condition: Regardless of tonnage, the total number of seafarers working on vessels belonging to the same employer must be 5 or more.

Fleet total condition: The total gross tonnage of vessels belonging to the same employer must be 100 or more.

For the official basis of these conditions, you can review the legal text published by the Ministry of Labor and Social Security.

In Which Cases Does the Maritime Labor Law Not Apply?

If none of the above conditions are met, even if the worker holds the title of seafarer, the provisions of the Maritime Labor Law do not come into effect. The main excluded cases are:

Foreign-flagged vessels: If the vessel carries a foreign flag (even if the owner of the vessel is Turkish), as a rule, the general provisions of the Turkish Code of Obligations apply, not the Maritime Labor Law.

Small vessels: Even if they are Turkish-flagged, workers on vessels under 100 gross tons and employing fewer than 5 workers are not covered by this law.

Relationship with the Labor Law: Labor Law No. 4857 has excluded those working in maritime transport from its scope. For this reason, as a rule, the Maritime Labor Law applies to eligible vessels.

This distinction is very important in practice; because notice compensation, severance pay, and termination procedures can vary completely depending on which law is applied.

Termination After 6 Months: Notice Periods and Compensation (Art. 16/B)

After the minimum period of six months has elapsed, the parties may exercise their right to terminate with notice. However, in this case, it is mandatory to comply with the notice periods determined according to the seafarer’s seniority as per Article 16/B of the Maritime Labor Law:

For a seafarer whose employment lasted 6 months: 2 weeks from the date of notification,

For a seafarer whose employment lasted from 6 months to 1.5 years: 4 weeks,

For a seafarer whose employment lasted from 1.5 years to 3 years: 6 weeks,

For a seafarer whose employment lasted more than 3 years: 8 weeks.

The party that does not comply with these notice periods shall be obliged to pay a notice indemnity in the amount of the wage corresponding to the relevant period. Furthermore, in cases such as the seafarer being a member of a union, filing a complaint, or other instances where the right of termination is abused, a bad faith indemnity equal to three times the wage for the notice periods becomes applicable. The parties also reserve the right to claim material and moral damages based on general provisions.

Our article Seafarer’s Remaining Term Wage and Unfair Termination Indemnity, in which we examined in detail the seafarer’s receivables after termination, and our article How is Ship Arrest Implemented?, in which we explained the ways to provide security in disputes arising from contracts, are complementary to this topic.

What Does the Supreme Court Practice Say on This Matter?

In the established jurisprudence of the Court of Cassation, the regulation in Article 16/A of the Maritime Labour Law is considered a typical example of a “fixed-term employment contract” in Turkish labor law legislation. The high court has consistently emphasized that termination without notice is possible even before the expiry of the six-month period if there is a just cause; however, merely being a seafarer is not sufficient to be covered by the law.

Frequently Asked Questions (FAQ)

Can a seafarer resign within the first 6 months?

As a rule, no. The six-month termination prohibition is two-way; within this period, the seafarer cannot terminate their contract through termination with notice (resignation) either. However, if there is a just cause, termination without notice is possible even before the six months are completed.

I work on a foreign-flagged ship, does the Maritime Labour Law protect me?

If the ship carries a foreign flag, as a rule, the provisions of the Turkish Code of Obligations apply, not the Maritime Labour Law. In this case, the calculation of rights and compensation is subject to different rules; your specific contract needs to be examined.

I was dismissed for just cause before 6 months, can I receive compensation?

Whether the termination is truly based on a just cause is decisive. If there is no just cause, the termination may be considered unfair, and severance pay, notice pay, and bad faith compensation may become relevant. Written examination of the termination notice and its justification is essential.

What are the notice periods in the Maritime Labour Law?

They are applied as 2, 4, 6, and 8 weeks according to seniority. If these notice periods are not observed, notice pay arises; the periods can be extended in favor of the seafarer by a collective labor agreement or employment contract.

Can I file a reemployment lawsuit?

In indefinite-term contracts covered by the Maritime Labor Law, the job security (reinstatement) provisions of Labor Law No. 4857 are generally not directly applicable. Therefore, it is recommended to seek expert advice to evaluate your rights in terms of compensation.

Why is Expert Legal Support Necessary?

Maritime Labor Law disputes involve technical steps such as determining whether the law is applicable, considering the vessel’s flag and tonnage, evaluating just cause for termination, and calculating notice/bad faith compensation. Even a single incorrect characterization (for example, assuming the Maritime Labor Law applies to a foreign-flagged vessel) can completely alter the outcome.

2M Law Office meticulously evaluates your cases in the field of maritime trade and seafarers’ law. For your search for an Istanbul seafarer lawyer and Tuzla seafarer lawyer; additionally for your needs for an Istanbul maritime trade law lawyer and Tuzla maritime trade lawyer, our Tuzla-based office provides services in the Pendik, Kartal, Maltepe, and Gebze/Kocaeli regions.

To have your termination notice, contract, and payrolls reviewed by an expert eye, you can contact us. Our article,  Ship Sale and Crew Rights, where we addressed the rights of the crew during ship sales, also answers other frequently asked questions regarding maritime trade law.

This article is for general informational purposes and does not constitute legal advice. For an assessment regarding your specific situation, you should definitely consult a lawyer.