How Many Months Must Pass Before an Indefinite-Term Employment Contract Can Be Terminated? — 2M Law Office

In indefinite-term employment contracts, early termination is restricted, except in specific cases. The law provides for a protection period starting from the date of hiring.

Short Answer

Except for the cases in Article 14 of the Law, indefinite-term employment contracts cannot be terminated unless 6 months have passed since the seaman was hired.

6 Months From the Date of Hiring

According to the Maritime Labour Law, except for the cases covered by Article 14 (termination for just cause), indefinite-term employment contracts cannot be terminated unless 6 months have passed since the seaman was hired. This regulation aims to provide a certain stability to the employment relationship.

The exceptional cases in Article 14 (termination for just cause) are outside this 6-month restriction. This means that if there is a just cause, the contract can be terminated even before the 6 months have passed.

When terminating indefinite-term contracts, procedure, notification, and just cause assessment must be considered together. Incorrect termination can lead to consequences, including bad faith compensation; therefore, it is important to correctly manage the process.

Rationale Behind the Six-Month Period

The employment contract of a seafarer working under an indefinite-term service agreement cannot, as a rule, be terminated by notice within the first six months. This regulation aims to provide seafarers with a minimum level of job security and stability due to the nature of maritime work. After the expiration of the six-month period, the parties may terminate the contract by complying with the notice periods stipulated by law.

Right to Immediate Termination for Just Cause is Reserved

The six-month limit applies only to termination by notice (periodic termination). However, the parties’ right to immediate termination based on a just cause is independent of this period; if there is a just cause, immediate termination is possible even before the six months are completed. Overlooking this distinction may lead to terminations being deemed unlawful.

Collection of Receivables: Mediation and Litigation

For claims for receivables and compensation arising from employer-employee relations, applying to a mediator before filing a lawsuit is a prerequisite for litigation. Seafarer claims are also evaluated within this scope; if an agreement cannot be reached during the mediation stage, a lawsuit can be filed in the labor court with the final report. To secure the claim, it is also possible to pursue provisional attachment of the ship while the vessel is in Turkish ports. This ensures the collection of the claim, especially for foreign-flagged vessels or those at risk of changing ownership.

Legal Basis

Maritime Labor Law No. 854, Art. 16/A (indefinite-term contract cannot be terminated before 6 months, except for cases under Article 14).

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

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Frequently Asked Questions (FAQ)

Q: For how many months can an indefinite-term contract not be terminated?

A: Except for cases under Article 14, it cannot be terminated within 6 months of employment.

Q: What is its exception?

A: Cases of termination for just cause under Article 14 are outside the 6-month restriction.

Q: What is the purpose?

A: It is to provide a certain stability and protection to the employment relationship.

Q: If there is a just cause, is a 6-month waiting period required?

A: No. If there is a just cause, the contract can be terminated even before 6 months.

Q: Is termination for just cause possible before six months?

A: Yes. The six-month limit only pertains to termination with notice; if there is a just cause, immediate termination is possible irrespective of this period.

Why is Expert Lawyer Support Necessary?

The Maritime Labor Law No. 854 contains unique rules that differentiate it from the general Labor Law No. 4857 regarding seafarers’ working hours, overtime, weekly rest, annual leave, severance and notice pay, and termination procedures. Situations such as the vessel being on a voyage, the wage not being fixed, or the contract being made for a specific voyage can lead to loss of rights. Therefore, expert support is crucial for the correct classification of claims and their timely assertion.

2M Hukuk Law Office, provides end-to-end legal support, primarily in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze, regarding maritime labor law and seafarer claims; from wage and overtime claims to severance/notice pay, and if necessary, securing claims through provisional ship arrest.

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Source and verification: T.R. Ministry of Labor and Social Security, Maritime Labor Law Frequently Asked Questions · Full text of Maritime Labor Law No. 854: mevzuat.gov.tr.

This content is for general information purposes; it does not constitute legal advice in a specific dispute.