A seafarer starts employment with a 3-month fixed-term employment contract and is dismissed in the 2nd month without a just cause. The first question that comes to mind is: “My contract was probationary, do I have no rights?” or “Can I demand the salary for the 3rd month I didn’t work?”

The answer to this question is often in favor of the seafarer — but it is essential to establish the correct legal basis. Maritime Labor Law No. 854 (DİK) subjects seafarers to a different and in many respects more protective regime than workers subject to Labor Law No. 4857. Especially regarding probationary periods and residual term wages, rules specific to maritime labor law are decisive.

In this article, we, as 2M Hukuk Law Office, address the limits of the probationary period under the Maritime Labor Law, the claim for “residual term wages” (salary for remaining month/months) in fixed-term contracts, the minimum job security in Article 16, and what the rights will be in case of justified termination, in light of current legislation and court decisions.

1. Probationary Period Under the Maritime Labor Law (MLL Art. 10)

Article 10 of the Maritime Labor Law is clear: A probationary period can only be stipulated in “indefinite-term” (open-ended) employment contracts and this period can be at most one month. Within this period, the parties may terminate the contract without notice and without compensation; however, the wages for the days the seafarer has worked are reserved in any case.

The critical conclusion drawn from this is: A probation period cannot be stipulated for a seafarer working under a fixed-term employment contract (e.g., for 3 months). Even if such a probation period clause is included in the contract, this clause is legally invalid.

The Supreme Court consistently applies this principle. It is accepted that a probation period can only be stipulated in indefinite-term contracts and for a maximum of one month; a probation period cannot be agreed upon in fixed-term contracts (Supreme Court 22nd Civil Chamber – 2013/9215 – 2013/28777 – 10.12.2013; Supreme Court 9th Civil Chamber – 2015/19071 – 2018/11683 – 24.05.2018). The Supreme Court 7th Civil Chamber also drew attention to the invalidity of probation period clauses included in contracts when not permitted by the Maritime Labor Law (Supreme Court 7th Civil Chamber – 2013/2215 – 2013/2719 – 11.03.2013).

Practical summary: If a fixed-term contract states “probation period,” this clause does not protect the employer. The seafarer can assert their rights against termination made relying on the probation period.

2. Remaining Term Wage in Fixed-Term Contracts (Salary for Remaining Months)

If a seafarer working under a three-month fixed-term contract is dismissed before the term expires (e.g., in the 2nd month), the first question to ask is: is the termination based on a just cause?

In case a fixed-term employment contract is terminated by the employer before its expiry and without just cause, the seafarer may claim the remuneration for the remaining period (3rd month in the example) for the period not worked (Court of Cassation, 9th Civil Chamber – 2015/19071 – 2018/11683 – 24.05.2018; Court of Cassation, 9th Civil Chamber – 2008/6168 – 2008/32048 – 25.11.2008). In a decision by the Istanbul 17th Civil Court of Commerce, it was also ruled that the remuneration for the remaining period not worked due to the unfair termination of a 4-month fixed-term contract should be paid as compensation (Istanbul 17th Civil Court of Commerce – 2015/196 – 2018/482 – 10.12.2018).

Legal nuance: Article 16 of the Maritime Labor Law, concerning notice periods, only covers open-ended contracts. In fixed-term contracts, the agreement automatically ends upon the expiry of the term, so there is no notice period. Therefore, in cases of unfair and early termination of a fixed-term contract by the employer, the seafarer’s claim for the remaining period is sought as compensation under Article 438 of the Turkish Code of Obligations (TBK), which is a general law.

Offset (deduction) rule — a point not to be overlooked: Pursuant to Article 438 of the TBK, when calculating the remuneration for the remaining period, the amount saved by the seafarer due to the early termination of the contract, and any income earned from another job during this period or deliberately avoided from earning, is deducted from the compensation. Therefore, stating that “gross salary for the remaining months = amount to be received” is not always correct; the net claim should be evaluated based on the specific case.

3. Maritime Labor Law Article 16 and Minimum Job Security

Article 16 of the Maritime Labor Law provides an important safeguard for indefinite-term employment contracts: Except in cases of minor termination and dissolution, the contract cannot be terminated with notice unless six months have passed since the seafarer’s employment. This six-month period constitutes a minimum employment guarantee for both the employer and the seafarer.

An important exception: In the event of termination of the contract for just cause (without notice), the requirement of having worked for six months is not sought; if there is a just cause, termination is possible even before the six-month period expires. In other words, the safeguard in Article 16 provides protection against “termination with notice”.

If the contract is terminated unjustly by the employer before this period expires, the seafarer has the right to claim the wages for the remaining balance period after deducting the time actually worked (Supreme Court 9th Civil Chamber – 2012/21256 – 2013/11389 – 08.04.2013).

4. Termination for Just Cause and Rights During the Probation Period

The other side of the coin: If the employment contract is terminated by the employer for “just cause” (cases listed in Maritime Labor Law Art. 14), the seafarer is not entitled to wages for the remaining period (Supreme Court 9th Civil Chamber – 2022/7688 – 2022/10501 – 27.09.2022). Therefore, in disputes, whether the termination is truly based on a just cause and the burden of proof are decisive.

For comparison: In general practices subject to Labor Law No. 4857 (excluding seafarer status), in terminations made within a valid probationary period, the employee cannot claim wages for the period not worked; however, their wages for the days worked and other rights are reserved (Council of State 12th Chamber – 2023/6126 – 2025/4575 – 21.10.2025; Supreme Court 9th Civil Chamber – 2011/17043 – 2013/16871 – 03.06.2013).

However, for seafarers, since the probationary period is legally considered invalid in fixed-term contracts, termination made by the employer based on the defense “it was during the probationary period” is generally considered unfair termination, and the claim for remaining term’s wages comes into play.

5. Summary of the Example Scenario

For a seafarer working under a 3-month fixed-term contract, a probationary period cannot be stipulated; the probationary clause in the contract is invalid.

If the employment contract is terminated unjustly in the 2nd month, the seafarer can claim the wage for the 3rd month, which was not worked, as “remaining term’s wages” (Turkish Code of Obligations Art. 438; the rule of set-off is reserved).

If the termination is based on a justifiable reason (Maritime Labor Law Art. 14), this wage cannot be claimed; only the wages for the days worked and other accrued rights can be demanded.

In indefinite-term contracts, the six-month minimum job security stipulated in Maritime Labor Law Art. 16 also comes into play.

Frequently Asked Questions (FAQ)

Can a trial period be applied to a seafarer working under a fixed-term contract? No. According to the Maritime Labour Law (DİK) article 10, a trial period is only valid for indefinite-term contracts and for a maximum of one month. A clause stipulating a trial period in a fixed-term contract is legally invalid.

I had a 3-month contract, and I was dismissed in the 2nd month. Can I receive the salary for the 3rd month? Yes, if the termination is not based on a just cause; you can claim the remaining period’s wage (Turkish Code of Obligations article 438) as compensation for the time you did not work. Amounts saved or earned from another job/intentionally refrained from earning will be deducted from this receivable.

Was I on probation, and will I lose the wages for the days I worked? No. According to the Maritime Labour Law (DİK) article 10, even during the probation period, the seafarer’s right to wages for the days actually worked is reserved.

If the employer dismisses me for just cause, can I still receive the remaining period’s wage? No. If the termination is based on one of the just causes listed in the Maritime Labour Law (DİK) article 14, the remaining period’s wage cannot be claimed. In this case, whether a just cause truly existed and its proof are decisive.

What exactly does the 6-month period in Maritime Labour Law article 16 protect? In indefinite-term contracts, it prevents the termination with notice of the contract unless six months have passed since the seafarer’s employment. This period is not required for termination without notice based on just cause.

Why are the rights of a seafarer different from those of a worker subject to Labour Law No. 4857? The employment relationships of seafarers are subject to Maritime Labour Law No. 854. Special provisions, often more protective, are applied in matters such as probation period, termination, notice periods, working hours, and severance/notice pay, which differ from the Labour Law.

What is the statute of limitations for these rights? Wage and compensation claims are subject to specific statutes of limitations and vary depending on the type of claim. To avoid losing rights, it is recommended to seek legal assistance as soon as possible after termination.

Why is Expert Lawyer Support Necessary?

Maritime labor law is a more technical and specialized field compared to land-based labor law. In the same event; multiple layers are intertwined, such as whether the contract is for a fixed or indefinite term, the validity of the probationary period clause, whether the termination is based on a just cause, the correct calculation of the remaining term’s wage based on TBK m. 438, and the evaluation of offset items. A small error in these assessments can lead to the incorrect calculation of entitled compensation or the loss of rights due to the statute of limitations.

Furthermore, the correct determination of the competent and authorized court for the dispute, the complete collection of evidence (contract, work and identity card, termination notice, payrolls, ship log records, etc.), and the proper management of the burden of proof directly affect the outcome. For this reason, it is of great importance that seafarer wage and compensation lawsuits are conducted under the guidance of a lawyer experienced in maritime trade and labor law.

2M Law Office, founded by Lawyer Meryem Günay, is a law firm based in Tuzla on the Anatolian Side of Istanbul, providing services to the Pendik, Kartal, Maltepe and Gebze/Kocaeli regions. Maritime commercial law and maritime labor law are among the firm’s main areas of expertise. It offers comprehensive consultancy and litigation services for seafarer wage and remaining term wage receivables, unfair dismissal, severance and notice pay, probation period disputes, as well as defense processes for shipowners/employers.

If you were dismissed before the contract term expired or if you are facing a seafarer’s claim dispute, we recommend obtaining expert legal support before experiencing a loss of rights.