How Many Months is the Probation Period for Seafarers Under the Maritime Labor Law? — 2M Hukuk Law Office

The probation period provides an opportunity for both the employer and the seafarer to evaluate the employment relationship with low risk. Maritime Labor Law No. 854 sets a clear maximum limit for this period.

Short Answer

In service contracts of indefinite duration, the probation period is at most one month. During this period, the parties may terminate the contract without notice and without compensation; however, the seafarer’s right to wages for the days worked is reserved (Maritime Labor Law art. 10).

Limit of Seafarer’s Probation Period

According to Article 10 of the Maritime Labor Law, the probation period in service contracts of indefinite duration can be at most one month. This is the maximum period that the parties can agree upon.

Termination During Seafarer’s Probation Period

During the probation period, the parties may terminate the service contract without notice and without compensation. However, the seafarer’s right to wages for the days actually worked is protected and must be paid.

Practical NoteFor seafarers subject to a probation period, the 15-day period for issuing the work and identity card also begins after the end of the probation period (art. 11).

Proper structuring of rights and obligations at the beginning of an employment relationship prevents future disputes. Our relevant procedural articles complement the topic.

Legal Basis

Maritime Labor Law No. 854, Art. 10 (Probationary period).

Article numbers have been verified from the official full text of Law No. 854; before publication/filing, current legislation and case law mevzuat.gov.tr and UYAP should be confirmed.

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Frequently Asked Questions (FAQ)

What is the maximum duration of the probationary period?

In employment contracts of indefinite duration, the probationary period is a maximum of one month.

Does termination during the probationary period give rise to compensation?

No. During this period, parties can terminate the contract without notice or compensation.

Is the wage for days worked paid?

Yes. Even during the probationary period, the seafarer’s right to wages for the days worked is reserved.

To which contracts does the probationary period apply?

It is applied in service contracts of indefinite duration.

Why is Expert Lawyer Support Necessary?

Maritime Labour Law No. 854 contains unique rules that differ from the general Labour Law No. 4857 regarding seafarer’s working hours, overtime, weekly rest, annual leave, severance and notice pay, and termination procedures. Situations such as the ship being at sea, variable wages, or contracts made for a specific voyage can lead to loss of rights. Therefore, expert support is crucial for the correct classification and timely claim of receivables.

2M Law Firm provides end-to-end legal support regarding maritime labour law and seafarer’s receivables; from wage and overtime receivables to severance/notice pay, and, if necessary, securing the receivable through ship arrest in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze.

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