How Many Business Days Can the Right of Termination Be Exercised Within the Maritime Labor Law? — 2M Law Office

The right of termination for just cause is not indefinite; the law subjects the exercise of this right to preclusive periods. Missing the deadline leads to the forfeiture of the right of termination.

Short Answer

The right of termination cannot be exercised after 6 business days from learning of the other party’s conduct, and in any case, after 1 year from the date the act occurred (Maritime Labor Law art. 15).

Two-Stage Preclusive Period

Just (immediate) causes for termination are enumerated in Article 14 of the Maritime Labor Law; and the right of termination based on these causes, as to within which period it can be exercised, is regulated in Article 15. Accordingly, the right of termination granted to the employer, employer’s representative, or seafarer:

cannot be exercised after 6 business days starting from the day the other party learned that one of the two parties engaged in such conduct,

In any case, it cannot be exercised after 1 year from the date the act occurred.

Note: These periods are preclusive. Missing the 6-business-day or 1-year period results in the inability to exercise the right of termination, even if based on just cause.

The proper and timely execution of the termination process is of great importance. Obtaining expert support for the correct structuring of the process prevents future compensation and claims disputes.

“Business Day” How is it Counted? (Example)

The six-business-day period is counted starting from the business day following the day it was learned of the act constituting the reason for termination; weekend holidays and public holidays are not included in this calculation. For example, if the event is learned on a Monday, the six-business-day period is determined by counting the subsequent business days, and at the end of this period, the right of termination expires. If the period is missed, the right to immediate termination cannot be exercised, no matter how justified the reason.

Concurrent Running of Two Periods

The six-business-day period depends on learning, and the one-year period depends on the act occurring, and they run concurrently. If the act occurred more than a year ago, the right to terminate expires upon the completion of one year, even if it was learned later. Correct calculation of these preclusive periods is crucial for the validity of the termination.

Legal Basis

Maritime Labour Law No. 854, Art. 15 (Period for exercising the right to terminate: 6 business days / 1 year).

Reasons for termination (cases) are regulated in Art. 14; the period for the right of termination based on these reasons is regulated in Art. 15.

Article numbers have been verified from the official full text of Law No. 854; mevzuat.gov.tr

Our Related Articles (Maritime Commercial Law)

Frequently Asked Questions (FAQ)

Q: Within how many business days can termination for just cause be exercised?

A: It must be exercised within 6 business days from learning about the other party’s conduct.

Q: Is there an absolute upper limit?

A: Yes. In any case, the right to terminate cannot be exercised after 1 year from the date the act occurred.

Q: What is the nature of these time limits?

A: They are forfeiture periods; if missed, the right to terminate is lost.

Q: What is the supporting article?

A: The period for exercising the power of termination is regulated in Article 15 of the Maritime Labour Law No. 854; the grounds for just cause termination are regulated in Article 14.

Q: Are holidays included in the 6 business days?

A: No. Weekend holidays and general holidays are not counted in the calculation of the six-business-day period; the period runs on business days.

Why is Expert Lawyer Support Necessary?

Maritime Labour Law No. 854 contains unique rules that differ from the general Labour Law No. 4857 regarding seafarers’ working hours, overtime, weekly holidays, annual leave, severance and notice pay, and termination procedures. Situations such as the ship being on 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 correctly categorizing the claim and demanding it within the stipulated period.

2M Law Firm provides end-to-end legal support regarding maritime labor law and seafarer claims; from wage and overtime claims to severance/notice pay, and when necessary, securing the claim through provisional attachment of a ship, especially in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze.

2M Law Firm Istanbul Seafarer Lawyer Tuzla Seafarer Lawyer Istanbul Maritime Law Lawyer Tuzla Maritime Law 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 only; it does not constitute legal advice in specific disputes.