When does the employment contract of a seafarer working on a ship at sea terminate? When a termination declaration is made mid-sea, when is the seafarer truly considered “terminated”? Maritime Labor Law No. 854 provides special protection here, unlike land-based workers: a termination made while the ship is at sea does not take effect immediately. In this article, we explain the topic of termination of a seafarer’s employment contract, based on official sources, within the framework of Maritime Labor Law Articles 17 and 7.

Brief Answer: Once the Ship Reaches Port and is Secured

A termination made while the ship is at sea is considered postponed until the ship arrives at the agreed port (or if the agreed port has been changed, the first port it calls at) and is secured. In other words, the contract does not terminate at the moment the termination declaration is made, but at the moment the ship reaches a safe port and is secured.

This rule is bidirectional and impartial: Whether the termination is made by the employer or the seafarer, whether it is with notice or without notice (for just cause), if the ship is underway, the outcome is the same. Therefore, the termination of a seafarer’s employment contract does not occur at sea, but in port.

Commencement of Termination Provisions: Maritime Labor Law Art. 17

Article 17 of the Maritime Labor Law No. 854 governs “the commencement of the termination provision.” According to the article, in terminations based on Articles 14 and 16, the termination is deemed to be extended until the vessel is secured in the agreed port if the ship is at sea; if the agreed port has been changed, it is extended until the vessel is secured in the first port of call.

The logic here is clear: It is not possible to actually terminate the employment relationship while the ship is at sea; because the seafarer’s duty, safety, and accommodation depend on the end of the voyage. Therefore, even if the notice of termination is valid, its provisions only take effect in port. You can access the official text of the article via Maritime Labor Law No. 854 on mevzuat.gov.tr ./p>

Termination According to Contract Type (Art. 7)

Maritime Labor Law Art. 7 regulates that employment contracts can be made for a definite period, a specific voyage, or an indefinite period. The moment of termination varies according to the type of contract:

Indefinite-term contract

The termination regime is subject to Article 16; the prohibition of termination with notice in the first six months and notice periods based on seniority are applied. However, if the ship is at sea, the moment when the termination becomes effective is again postponed to the port according to Article 17.

Fixed-term contract (Art. 7/I)

The contract terminates at the end of the agreed period. However, if the period expires while the ship is at sea, the contract does not automatically terminate; it continues until the ship reaches the first port and is secured.

Contract made for a specific voyage (Art. 7/II)

This contract terminates at the port where the ship arrives at the end of the voyage specified in the contract, upon unloading its cargo. In other words, the moment of termination is tied to the voyage and cargo unloading.

Why Does This Rule Exist? Protection of Seafarers

The main purpose of the regulation is not to leave the seafarer vulnerable in the middle of the sea. If termination were to take effect immediately while at sea, the seafarer’s wages could be cut, their provisions and accommodation could become problematic, and even their safety could be jeopardized. For this reason, the law extends the employment relationship until a safe port, ensuring the continuity of wages, provisions, and accommodation.

Termination Abroad and Repatriation Obligation (Art. 21)

If a seafarer’s employment contract is terminated abroad, the employer is generally obliged to repatriate the seafarer to the vessel’s home port and cover the travel, provisions, and other necessary expenses related to repatriation (Art. 21). As this obligation can vary depending on who initiated the termination and for what reason, the specific case must be carefully evaluated.

Our article Can a Seaman Working Under a Fixed-Term Contract Demand Remaining Term Wages?, where we examine in detail the seaman’s receivables for the remaining term in terminations occurring before the contract term expires, complements this topic.

Termination Procedure and Change of Ownership (Art. 18 – Art. 19)

If the termination is made by the employer, it is a requirement to notify the seaman in writing, stating the reasons; if notification is not possible, the situation is recorded in a report (Art. 18). Furthermore, as long as the vessel retains its right to fly the Turkish Flag, the transfer of ownership, in whole or in part, to another party does not, by itself, necessitate the termination of the employment contract (Art. 19). In other words, the sale of the vessel does not automatically mean the seaman’s employment is terminated.

Our article Disputed Items in the Concept of Maritime Claim and Jurisprudence Trends, where we evaluate the nature of seaman’s claims in maritime commercial law and their rights over the vessel, is also directly related to this title.

What Does Judicial Practice Say on This Topic?

In judicial decisions, Article 17 reflects the consistent approach that termination will take effect in port, not at sea. In doctrine and practice, it is accepted that a termination made while the seaman’s vessel is at sea will only take effect upon the vessel’s arrival at the agreed port.

Frequently Asked Questions (FAQ)

Does my employment contract end before the ship arrives in port?

As a rule, no. Termination made while the ship is at sea is postponed until the ship arrives at the agreed (or first port of call) and is secured. The contract continues until this moment.

Termination was made at sea; until when will my wages be effective?

Since the employment relationship continues until its termination in port, as a rule, wages and rights related to this period also continue to accrue. Specific rights and amounts vary according to the type of contract and the reason for termination.

I was hired for a specific voyage; when does my contract end?

A contract made for a specific voyage ends when the ship unloads its cargo at the port of arrival at the end of the voyage written in the contract (Art. 7/II).

The contract period expired while the ship was at sea, what happens?

Even if the term of a fixed-term contract expires while at sea, the contract does not automatically terminate; it continues until the ship arrives at the first port and is secured (Art. 7/I).

The ship was sold; am I dismissed from my job?

No. As long as the ship retains the right to fly the Turkish Flag, a change of ownership alone does not necessitate the termination of the employment contract (Art. 19).

I was dismissed abroad; who is responsible for the return expenses?

In most cases, the employer is obliged to repatriate the seafarer to the home port and cover the travel, subsistence, and necessary expenses related to repatriation (Art. 21). The scope of responsibility may vary depending on the reason for termination.

Why is Expert Legal Support Necessary?

The termination of a seafarer’s employment contract involves technical steps such as the correct determination of the contract type (indefinite, fixed-term, for a voyage), whether the vessel is underway, and the place and reason for termination. Even a single incorrect classification can completely alter the outcomes regarding wages, notice/seniority pay, and repayment obligations.

2M Law Office meticulously evaluates your cases in the field of maritime labor and maritime commercial law. In your search for an Istanbul seafarer lawyer and Tuzla seafarer lawyer; additionally, for your needs for an Istanbul maritime commercial law lawyer and Tuzla maritime commercial lawyer, our Tuzla-based office serves the Pendik, Kartal, Maltepe, and Gebze/Kocaeli regions.

To have your termination notice, employment contract, and payrolls examined by an expert eye, you can contact us. For official statements and the supervisory authority regarding the matter, Ministry of Labor and Social Security resources can also be reviewed.

This article is for general informational purposes and does not constitute legal advice. For an assessment regarding your specific situation, you should definitely consult a lawyer.