When Does a Seafarer’s Contract End on a Vessel Underway? — 2M Law Firm

If the moment a contract ends coincides with the vessel being underway, a special rule comes into play due to life and vessel safety. The contract is considered to have continued for a further period.

Brief Answer

If the employment contract ends while the vessel is underway, the contract continues until the vessel reaches the first port and is made safe.

Termination While Underway

The Maritime Labor Law stipulates special protection if the moment a contract ends coincides with the vessel being underway. Accordingly, if the employment contract ends while the vessel is underway, the contract is considered extended until the vessel reaches the first port and is secured.

Rationale This rule aims to prevent the risks to life and navigation safety that would arise from a sudden reduction in crew on a vessel underway. The seafarer’s duty continues until a safe port is reached.

Throughout this period, the seafarer’s work and associated rights continue. Wages and other entitlements must be calculated taking this extended period into account.

Navigation Safety is Paramount

Even if a situation requiring the termination of the contract arises while the ship is underway, the termination of the contract is postponed until the ship reaches its first port of call and the safety of the ship is ensured. The reason for this is clear: a sudden decrease in the number of crew members during navigation can jeopardize the safety of the ship and everyone on board.

Seafarer’s Rights Are Protected

This postponement does not mean that the seafarer’s work during this period remains uncompensated; the wages and other rights for the period until the contract is actually terminated are reserved. The party that initiated the termination and the reason for it are evaluated separately regarding any resulting compensation and receivables.

Collection of Receivables: Mediation and Litigation

For claims for receivables and compensation arising from employer-employee relations, applying to a mediator is a prerequisite for filing a lawsuit. Seafarer’s claims are also evaluated within this scope; if an agreement cannot be reached during the mediation phase, a lawsuit can be filed in the labor court with the final record. To secure the receivable, it is also possible to pursue ship arrest while the ship is in Turkish ports. This secures the collection of receivables, especially for foreign-flagged vessels or vessels at risk of changing ownership.

Legal Basis

Maritime Labor Law No. 854, Art. 7/I (termination during voyage; arrival at first port and safety). Article numbers have been verified from the official full text of Law No. 854; current legislation and jurisprudence should be confirmed via mevzuat.gov.tr before publication/filing.

Our Related Articles (Maritime Commercial Law)

Frequently Asked Questions (FAQs)

Q: When does a contract terminate during a voyage?

A: The contract continues until the ship arrives at the first port and is secured.

Q: Why does this rule exist?

A: To prevent the risk to life and navigation safety caused by a reduction in crew during a voyage.

Q: Do rights continue during this period?

A: Yes. The seafarer’s work and rights continue throughout the extended period.

Q: How is the wage calculated?

A: Wages and other rights are calculated taking this extended period into account.

Q: Does the contract terminate immediately during a voyage?

A: No. The termination is postponed until the vessel reaches its first port of call and safety is ensured; wages and rights during this period are reserved.

Why is Expert Legal Support Necessary?

Maritime Labor Law No. 854 contains specific rules that differ 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, non-fixed wages, or contracts made for a specific voyage can lead to loss of rights. Therefore, expert support is crucial for correctly categorizing claims and submitting them in a timely manner.

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

2M Hukuk Law Office Istanbul Seafarer Lawyer Tuzla Seafarer Lawyer Istanbul Maritime Trade Law Lawyer Tuzla Maritime Trade Lawyer

Our Team & Contact →

Source and verification: Republic of Turkey 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 informational purposes; it does not substitute for legal advice in specific disputes.