Maritime Commercial Law • Labor Law | Prepared by: 2M Hukuk Avukatlık Ofisi • Tuzla / Istanbul
Unlike most employee-employer relationships, the relationship between a seafarer and an employer is subject to Maritime Labor Law No. 854 (DİK) and not Labor Law No. 4857. This situation directly affects the probation period and the consequences of termination during this period. So, what rights does a seafarer have if they are dismissed from work with the statement “you are in your probation period”? The answer completely depends on whether the contract is for a definite or indefinite period.
What is the Probation Period in the Maritime Labor Law?
The probation period is a period stipulated at the beginning of the employment relationship to allow the parties to get to know each other and the nature of the job. This matter is clearly regulated in the Maritime Labor Law. In accordance with Article 10 of the Law, the probation period in indefinite-term employment contracts can be agreed upon for a maximum of one month.
Text of the Law (Maritime Labor Law art. 10): “In employment contracts of indefinite duration, the probationary period is a maximum of one month. Within this period, parties may terminate the employment contract without notice and without compensation. However, the seafarer’s right to wages for the days worked is reserved.” You can access the current full text of the article from the official source on mevzuat.gov.tr. As seen, the law provides for a probationary period only for indefinite-term contracts. This distinction is a key point in determining the seafarer’s rights after termination.
Probationary Period and Termination Consequences in Indefinite-Term Contracts
If the contract is for an indefinite term, both parties can freely terminate the employment contract within a maximum one-month probationary period. For this termination:
No notice (ihbar) requirement: The parties are not obliged to comply with notice periods, therefore no notice compensation arises.
No compensation is paid: As a rule, there is no obligation for severance or notice compensation in terminations made within the probationary period.
Penalty clause is not enforced: Penalty clauses agreed upon in the contract cannot be applied to terminations made within the probationary period.
Wages for days worked are reserved: The seafarer is entitled to receive wages for the days actually worked in any case.
After the probationary period has passed, the seafarer’s employment relationship gains legal protection; after this stage, termination can only be carried out based on justified reasons stipulated in the law (Maritime Labor Law art. 14) or with proper notice.
Is a Probationary Period Valid in a Fixed-Term Contract?
This is the most critical point in practice and the one that leads to the most loss of rights. Since Maritime Labor Law Article 10 regulates the probationary period only for indefinite-term contracts, a probationary period clause included in a fixed-term contract is legally considered invalid.
What is the practical consequence of this? The termination of a fixed-term contract before its term, on the grounds of being in a “probationary period,” is legally considered unjustified termination. In this case, the seafarer may claim as compensation, in accordance with Article 438 of the Turkish Code of Obligations No. 6098, the amount they would have earned had the contract term been observed — i.e., the remaining term’s wages. From this amount, any sums saved by the employee due to the termination of the contract or earned from another job (or intentionally refrained from earning) shall be deducted.
For example, if a seafarer working under a 1-year fixed-term contract is dismissed in their second month on the pretext of a “probationary period,” the employer could face a significant compensation burden amounting to 10 months of remaining wages. Therefore, correctly determining the type of contract in maritime employment relationships is of great importance for both the seafarer and the employer.
How is it Determined Whether a Contract is “Fixed-Term” or “Indefinite-Term”?
The contract’s title alone is not determinative; the judge considers the nature of the work and the actual situation. Maritime Labor Law Article 7 allows for fixed-term contracts to be made even without being linked to a voyage. However:
Fixed-term contracts made in a chain without an objective reason can be considered indefinite-term contracts.
The continuous nature of the work (for example, a permanent position such as a watch officer) may lead to the contract being considered an indefinite-term contract.
A contract made for a specific voyage ends upon the completion of the voyage; a fixed-term contract ends upon the expiration of its term.
For detailed information on the scope of maritime claims and the legal nature of seafarers’ wage claims, you can refer to our article titled “Disputed Items in the Concept of Maritime Claims and Case Law Trends” in our blog section.
The Situation Regarding Severance and Notice Pay
| Type of Compensation | Termination During Probation Period | Basis / Explanation |
|---|---|---|
| Severance Pay | Generally does not arise | To be entitled under Labor Law art. 20, at least 1 year of service is required. This period is not met upon termination during the probation period (1 month). (If a fixed-term contract is unfairly terminated and the service exceeds 1 year, severance pay may become an issue.) |
| Notice Pay | Does not arise | Notice pay does not arise in an indefinite-term contract as termination without prior notice is possible during the probation period. In fixed-term contracts, there is generally no notice pay. |
| Remaining Term Fee | Arises in fixed-term contracts | In the unfair termination of a fixed-term contract under the pretext of probation, the fee for the remaining term can be claimed as compensation under TCO art. 438. |
For more information on the collection of seafarer claims (wages, overtime, severance, notice, remaining term wages) and international disputes, you can review our “Seafarer Claims” page. Regarding the securing of the claim through the vessel (precautionary attachment), our “Vessel Precautionary Attachment” guide will be helpful.
Supreme Court Case Law Trend Regarding the Issue
The established practice of the Supreme Court is that the probationary period is only valid in indefinite-term contracts, that probationary provisions placed in fixed-term contracts are considered invalid, and that termination before the term expires gives rise to remaining term wages. Among the examples of decisions demonstrating this trend are rulings stating that notice indemnity and penalty clauses do not arise from termination within the probationary period, as well as the decisions of the 9th and 22nd Civil Chambers of the Supreme Court regarding the invalidity of the probationary period in fixed-term contracts.
Frequently Asked Questions (FAQ)
What is the maximum length of a seafarer’s probationary period?
Pursuant to Article 10 of Maritime Labour Law No. 854, the probationary period in indefinite-term contracts is a maximum of one month. Probationary periods agreed for longer than this period do not produce legal effect for the exceeding portion.
Can a seafarer dismissed during the probationary period receive compensation?
In an indefinite-term contract, termination during the probationary period generally does not give rise to notice and severance pay; the seafarer only receives wages for the days worked. However, if the contract is for a definite term, termination made under the pretext of a “probationary period” is considered unjust, and remaining term wages can be claimed.
Can a probationary period be included in a definite-term contract?
No. A probationary period is only stipulated for indefinite-term contracts. Provisions for a probationary period in definite-term contracts are considered invalid in Supreme Court practice.
How are remaining term wages calculated?
According to Article 438 of the TCO, the wages the seafarer would have earned if the agreed term of the contract had been adhered to are taken as the basis. From this amount, expenses saved by the worker due to termination and earnings obtained from other work (or deliberately refrained from obtaining) are deducted.
Does severance pay accrue during the probationary period?
For severance pay, a minimum of 1 year of employment is required according to Article 20 of the Seafarers’ Labor Law. Since this condition is not met during a one-month probationary period, severance pay does not accrue.
How do I know if my contract is for a definite or indefinite term?
It is not enough to look only at the contract title; the continuity of the work, whether there is successive renewal, and the presence of an objective reason are evaluated. This technical determination should be made with a maritime labor law attorney for the proper exercise of rights.
Why is Expert Lawyer Support Necessary?
Seafarer disputes are a multi-layered field involving labor law, maritime commercial law, and often an element of foreignness (foreign-flagged vessel, international contract, applicable law). Misinterpretation of the contract type can result in the seafarer losing a significant claim, such as remaining term wages; and for the employer, it can mean an unexpected compensation burden. Therefore, structuring the process correctly from the outset and taking the right steps at the right time is often a necessity, not a choice.
2M Hukuk Law Office is a TR/EN bilingual maritime commercial disputes firm based in Tuzla, operating along the Istanbul–Kocaeli–Yalova port and shipyard line. In your search for an Istanbul seafarer lawyer and Tuzla seafarer lawyer, we manage the entire process, from pursuing seafarer claims for wages, seniority, notice, and remaining term wages, to ship arrest and debt collection. With the support of an Istanbul maritime commercial law lawyer and Tuzla maritime commercial lawyer, we provide legal consultancy and representation services to domestic and foreign ship owners, operators, and crew.
To evaluate your case and correctly determine the type of your contract, you can get in touch with our team through contact.
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