One of the contract types specific to maritime employment is the employment contract made for a specific voyage. The moment this contract ends depends on the completion of the voyage.
Short Answer
An employment contract made for a specific voyage ends upon the ship unloading its cargo at the port of arrival.
Termination of the Voyage Contract
According to the Maritime Labour Law, an employment contract made for a specific voyage automatically terminates upon the ship unloading its cargo at the port of arrival. Thus, the duration of the contract is linked to the actual completion of the voyage.
Practical Importance In voyage contracts, wages, overtime, and other rights must be correctly calculated for the period up to the completion of the voyage. The nature of the contract (specific voyage / fixed term / indefinite term) directly affects the scope of rights.
Correct determination of the contract type prevents loss of rights. For the general framework of Seafarer Claims, you can refer to our article.
Concept of Voyage and Termination of the Contract
A service contract made for a specific voyage, as a rule, ends with the completion of the voyage subject to the contract. In practice, the voyage is considered completed when the ship unloads its cargo at the port of destination. Thus, the termination moment of the contract is linked to the fulfillment of the ship’s commercial purpose, and uncertainty between the parties is prevented.
Automatic Termination of the Contract
In a specific voyage contract, since the contract terminates automatically upon the completion of the voyage, there is no need for an additional termination notice. However, this situation does not nullify the seafarer’s accrued wages, overtime, and other receivables; the manner of contract termination does not prevent the claiming of receivables.
Collection of Receivables: Mediation and Litigation
For claims and compensation demands arising from employer-employee relationships, recourse to a mediator is a prerequisite for filing a lawsuit. Seafarer claims are also considered within this scope; if an agreement cannot be reached at the mediation stage, a lawsuit can be filed in the labor court with the final report. To secure the receivable, it is also possible to proceed with a 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 hands.
Legal Basis
Maritime Labor Law No. 854, Art. 7/II (a specific voyage contract terminates upon the unloading of the cargo).
Article numbers have been verified from the official full text of Law no. 854; current legislation and jurisprudence must be confirmed via mevzuat.gov.tr and UYAP before publication/filing.
Our Related Articles (Maritime Commercial Law)
- ⚓ Ship Arrest: The Most Effective Legal Protection Method for Maritime Claims
- ⚓ How to Prepare a Ship Arrest Application Petition?
Frequently Asked Questions (FAQ)
Q: When does a specific voyage contract end?
A: It ends when the ship unloads its cargo at the port of arrival.
Q: What does the contract duration depend on?
A: It depends on the actual completion of the voyage.
Q: Why is the contract type important?
A: The distinction between specific voyage/fixed term/indefinite term directly affects the scope of rights.
Q: How are rights calculated?
A: Fees and other rights are calculated based on the period up to the completion of the voyage.
Q: Is separate termination required after the voyage ends?
A: No. A specific voyage contract automatically ends upon completion of the voyage; however, accrued fees and receivables can be claimed.
Why is Expert Lawyer Support Necessary?
The 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, 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 Law Firm offers end-to-end legal support regarding maritime labor law and seafarer claims; from wage and overtime claims to severance/notice pay, up to securing claims through provisional ship arrest when necessary, especially in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze.
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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 informational purposes; it does not constitute legal advice in specific disputes.
