WHAT IS MARITIME LABOR LAW IN TURKEY?

The maritime industry is a specialized sector that, due to its unique dynamics and challenges, requires distinct legal regulations. Working at sea involves different requirements and conditions compared to land-based employment. These differences have led to the development of maritime labor law as a separate area of regulation. The rights of maritime workers are shaped in accordance with these particular conditions.

The risks and hazards associated with maritime activities have necessitated the creation of specific legal frameworks for maritime labor law in many countries, including Turkey. The professional lives of seafarers take place not only during working hours but also encompass living and rest periods, most of which occur onboard the vessel. This reality demonstrates that maritime workers require a broader scope of legal protection compared to land-based employees. Failure to comply with contractual obligations, inadequate nutrition, harsh working conditions, and even abandonment in foreign ports are among the serious risks faced by those working at sea.

Maritime labor law in Turkey aims to regulate the employment relationships between seafarers and shipowners or operators. While these relationships are typically based on employment contracts, the nature of maritime work differs significantly from land-based employment. The primary objective of this legal field is to govern the relationship between employers and seafarers working under their authority within the scope of maritime transport, through specific legal provisions, and to protect the rights and interests of maritime workers accordingly.

WHAT IS A MARITIME EMPLOYMENT CONTRACT IN THE SCOPE OF MARITIME LABOR LAW IN TURKEY?

A Seafarer Employment Contract is the fundamental document that governs the employment relationship between a maritime worker and an employer or the employer’s representative. It sets out the mutual rights and obligations of both parties. This contract holds central importance not only in regulating the employment relationship but also in safeguarding maritime worker rights in Turkey. Given the unique nature of working conditions at sea, maritime workers often require greater legal protection than land-based employees, which further emphasizes the legal and functional significance of such contracts.

Under maritime employment law in Turkey, seafarer employment contracts are categorized as specialized agreements that differ from general employment contracts, similar to those used in the professional sports or media sectors. These contracts are subject to specific legislation due to the unique characteristics of the maritime industry and working environment. Instead of being governed by general labor law principles, they are interpreted and applied based on special legal norms, in line with the principle of precedence of sector-specific rules.

1. The Requirement of a Written Seafarer Employment Contract under Maritime Employment Law in Turkey

Article 5 of Turkish Maritime Labor Law No. 854 mandates that all seafarer employment contracts must be made in writing. According to this provision, the contract must be signed by both the employer and the maritime worker in Turkey, and each party must be provided with a copy. The written form helps prevent potential disputes between the parties and strengthens the enforceability of maritime worker rights in Turkey. The contract may be executed either before a notary public or as a simple written agreement between the parties.

There are two main purposes for requiring a written employment contract in maritime employment law in Turkey. First, it ensures that the employment relationship between the employer and the maritime worker is clearly defined and properly documented, which is crucial for both legal and administrative oversight. Second, a valid written contract ensures the vessel can legally continue its voyage without interruption. Ultimately, both aims serve the overarching goal of safeguarding maritime worker rights in Turkey.

In contrast to land-based employment law, where written form is only required for fixed-term contracts, Turkish maritime law requires written contracts for all seafarers, regardless of the contract’s duration. This requirement demonstrates the particular importance placed on the legal protection of maritime workers in Turkey. Additionally, under Article 50/a of the Turkish Labor Law, an employer who fails to execute a written employment contract may face administrative fines. Therefore, the written form is not only a procedural necessity but also a legally sanctioned obligation.

There is a divergence of opinion in both legal doctrine and court decisions regarding the legal nature of this written form requirement. Some interpretations suggest that a written contract is a validity condition, and any verbal agreement would be considered null and void. Others argue that the requirement serves only evidentiary purposes, meaning it is not essential for the contract’s validity, but rather facilitates proof of its existence. From the perspective of effectively protecting maritime worker rights in Turkey, the latter interpretation — treating the written form as a tool for evidence — appears more consistent with the protective principles of labor law.

2. Types of Seafarer Employment Contracts under Turkish Maritime Law

According to Article 7 of the Turkish Maritime Labor Law, there are three types of employment contracts for seafarers in Turkey:

• Fixed-term contracts: Terminate automatically at the end of the specified duration.
• Voyage-based contracts: End upon completion of the defined voyage.
• Open-ended (indefinite) contracts: Continue without being tied to a specific period or voyage.

In particular, for voyage-based contracts, if the maritime worker continues working and the vessel embarks on a new voyage, the contract is considered to be automatically renewed in Turkey. This provision plays a critical role in ensuring continuity of employment and job security, thereby strengthening seafarers employment rights in Turkey.

3. Essential Elements of a Seafarer Employment Contract in Turkey

A seafarer employment contract in Turkey is one of the fundamental legal documents in Turkish maritime labor law and, pursuant to Article 5 of Law No. 854, it must be executed in writing. Article 6 of the same law outlines the mandatory elements that must be included in such contracts. These elements help ensure transparency in the employment relationship and contribute to the protection of maritime worker rights in Turkey.

a) Mandatory Elements in the Seafarer Contract in Turkey

A valid seafarer employment contract in Turkey must include the following:

• Name, surname, and residence address of the employer
• Name, surname, date and place of birth, registration number, and residence address of the maritime worker
• Name, registration number, gross tonnage of the vessel, and the port where it is registered
• Place and date of the contract’s execution
• Job description of the maritime worker
• Starting location and date of service
• Type of contract (fixed-term or voyage-based), and if applicable, the duration or voyage definition
• Agreed wage, its calculation method, and amount
• Time and place of wage payment, and for compulsory employers, the bank account number where wages, bonuses, and similar payments will be deposited
• Conditions regarding advances
• Other working conditions
• Data privacy and confidentiality clauses
• For stoker and trimmer contracts, a summary of the international agreement approved by Law No. 7292 dated 25 May 1959

These elements ensure that the obligations of both parties are clearly and precisely defined, supporting the legal protection of seafarers employment rights in Turkey.

b) Collective Labor Agreements and Union Provisions

In addition to the mandatory elements, if mutually agreed by the parties, provisions related to trade union regulations and collective labor agreements (CLA) can also be included in the employment contract in Turkey. These provisions allow maritime workers to exercise their collective rights, enhance their level of social protection, and ensure that the employment relationship is structured in accordance with the principles of labor law and fair working conditions.

Including the above elements in a seafarer employment contract in Turkey is not only a legal requirement, but also serves to clearly define the mutual rights and obligations arising from the employment relationship. This clarity helps prevent potential disputes and ensures the effective protection of maritime worker rights in Turkey.

4. Exemption of Seafarer Employment Contracts from Duties and Taxes in Turkey

In Turkey, the seafarer employment contract, whether executed before a notary public or as a simple written agreement between the maritime worker and the employer, is exempt from all official duties, fees, value-added tax (VAT), and other tax liabilities in Turkey.

This exemption is designed to ensure that maritime workers are not burdened with financial costs during the contract execution process, thereby making it easier for them to secure their employment rights in Turkey.

Moreover, this regulation contributes to simplifying the contract process and increasing accessibility for both parties, which supports the broader goal of strengthening maritime worker rights in Turkey.

WHO IS CONSIDERED A SEAFARER UNDER TURKISH MARITIME LAW?

Under Turkish Maritime Law, a seafarer is regarded as a special category of employee who is not subject to the general provisions of the Labor Code, but instead falls under Law No. 854 on Maritime Labor. This distinction arises from the unique working conditions at sea, which differ significantly from land-based employment.

The nature of maritime work — including extended voyages, mandatory onboard accommodation, and heightened occupational safety risks — necessitates a separate legal framework for those employed at sea. This ensures the effective protection of maritime worker rights in Turkey.

1. Definition of Seafarer under the Turkish Maritime Labor Law

According to Article 2/B of the Turkish Maritime Labor Law, a seafarer is defined as:

“The captain, officers, crew, and other personnel working on a ship under an employment contract.”

This definition emphasizes that the main distinction between a seafarer and a land-based worker is the location where the work is performed — at sea. In essence, a seafarer is still considered an employee working under a service contract, but the maritime context requires that their rights be addressed within the scope of seafarers employment rights in Turkey.

2. Definitions in Other Legislation

The concept of a seafarer is not limited to the Maritime Labor Law; it is also defined in other relevant legal instruments such as the Turkish Commercial Code and Seafarers Regulation, which provide broader interpretations:

• Article 934 of the Turkish Commercial Code defines a seafarer as:

  “The captain, ship officers, crew members, and other personnel working on the ship.”

• The Turkish Seafarers Regulation expands the definition further by including:

  “Captains, officers, assistant officers, trainees, crew members, and support service personnel.”

These broader definitions extend the legal scope of who qualifies as a seafarer and allow different categories of maritime personnel to be evaluated within the framework of Turkish Maritime Law.

WHAT ARE THE REQUIREMENTS TO BECOME A SEAFARER IN TURKEY?

In order to become a seafarer in Turkey, certain conditions must be met. These requirements are set out as follows:

• Citizenship and Educational Background: One must be a citizen of the Republic of Turkey, or have received maritime education in Turkey or the Turkish Republic of Northern Cyprus, or be of Turkish descent as a foreign national.
• Qualifications: The specific qualifications stated in the Seafarers Regulation must be fulfilled. These include factors such as age, level of education, and duration of sea service.
• Health Condition: A prospective seafarer must provide proof of being medically fit for sea service. This includes meeting the health standards defined by the relevant regulations.
• Criminal Record: The applicant must not have been convicted of the crimes listed in the regulation. These particularly include crimes such as participation in organized criminal activities, drug trafficking, and human trafficking.

To be employed as a seafarer in Turkey, all of these conditions must be met, and the individual must work under a valid employment contract. These requirements are designed to ensure the employment of reliable and qualified personnel in the maritime sector.

SCOPE AND APPLICATION AREA OF TURKISH MARITIME LABOR LAW

Article 1 of the Turkish Maritime Labor Law clearly defines the situations in which this Law is applicable. Within this framework, the basic criteria regarding on which vessels and under what conditions maritime labor law applies are established.

1. Application Conditions for Maritime Labor Law on Turkish-Flagged Vessels of 100 GT or Above

The primary application area of the Law covers vessels flying the Turkish flag with a gross tonnage (GT) of 100 or greater. On such vessels, seafarers employed under a service contract and their employers are directly subject to the provisions of the Turkish Maritime Labor Law.

2. Application Conditions for Vessels Below 100 GT

Even if a vessel’s gross tonnage is less than 100 GT, the provisions of the Maritime Labor Law still apply if at least one of the following conditions is met:

• The total gross tonnage of all vessels owned by the same employer is 100 GT or more;
• The employer employs at least 5 seafarers.

This regulation prevents the exclusion of legal protection due to small vessel tonnage and ensures the collective protection of seafarers’ rights in Turkey. It also prevents employers who own multiple small-tonnage vessels from avoiding their labor law obligations.

3. Application Conditions When the Vessel Does Not Fly the Turkish Flag

If the vessel does not fly the Turkish flag, i.e., it is a foreign-flagged ship, the provisions of the Maritime Labor Law generally do not apply. However, there are exceptional circumstances where the law may still be applicable, such as:

• The vessel operates effectively within Turkey;
• The employer is subject to Turkish law; or
• The contract explicitly states that Turkish law will govern.

While the flag state rule is the primary criterion, factors such as the place of work, whether the operator has a company in Turkey, the nationality of the employer, and the contract terms also play a decisive role in determining the applicable law.

WHAT ARE THE COMPENSATION RIGHTS OF A SEAFARER DISMISSED UNDER TURKISH MARITIME LABOR LAW?

One of the most important rights of a worker in Turkey dismissed under maritime labor law is the entitlement to severance pay. These compensations are designed to ensure the social security of seafarers working in the maritime sector, protect the rights they have accumulated during their period of service, and prevent grievances that may arise upon termination of the employment contract. Law No. 854 on Maritime Labor contains special provisions regarding severance pay, which are shaped specifically to accommodate the unique working conditions of seafarers, differing from general labor law.

Fundamental employment claims and compensations such as seniority pay, notice pay, overtime wages, and paid annual leave rights are evaluated within this special legal regime. Additionally, the form of contract termination, the employer’s reason for dismissal, and the length of the seafarer’s employment play a crucial role in determining whether a right to dismissal compensation arises in Turkey.

In this context, maritime dismissal rights in Turkey serve as one of the most significant tools to secure both the obligations of the parties during the termination of individual employment relationships and the social security of seafarers.

• Seafarer’s Right to Severance Pay under Turkish Maritime Labor Law

Under Law No. 854 on Maritime Labor, the severance pay rights of seafarers in Turkey are specially regulated. These regulations aim to protect the job security and social rights of seafarers. The fundamental principles regarding severance pay are explained below:

1. Length of Service Requirement: According to the Turkish Maritime Labor Law, a seafarer must have worked continuously for at least one year under the same employer to be eligible for severance pay. The severance pay is calculated as one month’s salary for each full year of service.
2. Termination Cases: A seafarer is entitled to severance pay if the employment contract is wrongfully terminated by the employer in Turkey. However, severance pay is not granted if the seafarer is detained or if the employer terminates the contract for legally justified reasons.
3. Payment Basis: Severance pay is calculated based on the last gross wage at the time of contract termination in Turkey, which includes not only the basic salary but also other regular and continuous monetary benefits.
4. Reasons for Separation: Severance pay is also payable if the seafarer’s service contract ends due to compulsory military service, old-age pension or retirement, disability retirement, or lump-sum payment under social security legislation.
5. Re-employment: If a seafarer is re-employed by the same employer and has already received severance pay for the previous service period, no new severance pay is paid for those periods.
6. In Case of Death: If the seafarer dies, the severance pay entitlements are paid to the legal heirs in Turkey, ensuring the social security of the seafarer’s family.

Article 20 of the Maritime Labor Law elaborates on these provisions, clearly defining the obligations of employers and the rights of seafarers, including important aspects of maritime dismissal rights in Turkey. Within this framework, severance pay stands out as one of the most fundamental financial rights arising from the termination of an employment contract governed by maritime labor law.

• Seafarer’s Eligibility for Severance Pay in Turkey

Article 20 of Law No. 854 on Maritime Labor thoroughly regulates the situations in which a seafarer becomes eligible for severance pay in Turkey. These cases of termination and separation that trigger severance pay entitlement can be classified as follows:

a. Termination or Resignation Cases in Turkey

1. The employer dismisses the seafarer in violation of the relevant provisions of the Turkish Maritime Labor Law.
2. The seafarer rightfully terminates (resigns from) the employment contract due to the employer’s actions contrary to legal rights.

b. Grounds for Resignation in Turkey

1. The seafarer’s wage is not paid according to legal provisions or the employment contract in Turkey.
2. The employer acts in a manner contrary to laws, the employment contract, or working conditions towards the seafarer.
3. The seafarer suffers from a disease or disability that permanently prevents work onboard.
4. The vessel is laid up for more than 30 days.

c. Other Cases of Eligibility

1. Termination of the employment contract due to mandatory military service.
2. Termination for the purpose of receiving old-age, retirement, disability pension, or lump-sum payments.
3. Termination of the contract due to the vessel’s loss, abandonment, capture as a war prize, or loss of the right to fly the Turkish flag.
4. In case of the seafarer’s death, severance pay rights transfer to the legal heirs in Turkey.

d. Calculation of Seafarer’s Severance Pay in Turkey

Article 20 also sets the principles for calculating severance pay in Turkey:

1. Seafarers’ severance pay is calculated based on the seafarer’s last gross wage.
2. If the wage is not fixed, the total wage earned in the last year is divided by the number of days worked to determine the average daily wage, which is then used for the calculation.

These provisions ensure the protection of seafarers’ severance pay rights in Turkey upon contract termination, reflecting the legal framework of maritime termination compensation in Turkey.

• Notice Periods under Turkish Maritime Labor Law

According to the Turkish Maritime Labor Law, the notice periods for seafarers align with the durations specified in Labor Law No. 4857. These notice periods are designed to ensure that parties are informed in advance in case of seafarer’s contract termination in Turkey and that the employment relationship ends in an orderly manner.

Notice Periods in Turkey:

• For seafarers who have worked up to 6 months: 2 weeks
• For those who have worked between 6 months and 1.5 years: 4 weeks
• For those who have worked between 1.5 years and 3 years: 6 weeks
• For seafarers who have worked more than 3 years: 8 weeks

These periods begin to run from the moment the termination notice is received by the employer, and the seafarer’s employment contract in Turkey terminates at the end of the notice period.

• Seafarer’s Right to Notice Compensation in Turkey

If the employer terminates the employment contract without respecting the notice period in Turkey, or if the seafarer is not allowed to work during the notice period after dismissal, the seafarer has the right to claim payment equivalent to the notice period. This payment is referred to as notice compensation and is an important financial right that ensures the seafarer’s job security.

The notice compensation in Turkey is calculated based on the seafarer’s last gross wage and must be paid by the employer. This mechanism plays a critical role in maintaining balance between the parties during wrongful dismissal of seafarers and preventing sudden financial hardship for the worker.

WHAT IS THE LEGAL LIEN RIGHT OF A SEAFARER UNDER TURKISH LAW?

The seafarer’s lien right in Turkey is regulated by the relevant articles of the Turkish Commercial Code and serves as an important legal mechanism to protect the claims of seafarers in Turkey.

1. Seafarer Claims and Lien Right in Turkey

According to Article 1320 of the Turkish Commercial Code, the claims of a seafarer against the shipowner or operator establish a statutory lien on the ship and its appurtenances. These claims include:

• Wages owed to seafarers for their work onboard,
• Expenses for returning to their home country,
• Social security premiums, among others.

This right secures the seafarers’ claims in Turkey and grants them priority in payment.

2. Scope of the Seafarer’s Lien Right in Turkey

Article 1321/3 of the Turkish Commercial Code expands the scope of the lien right by including the shipowner’s right to claim compensation from third parties in case the ship is lost or damaged. Therefore, the seafarer’s claims are not limited to current dues but also extend to future compensation rights related to the ship.

3. Seafarer’s Right to Request Sale of the Ship

If the seafarer cannot collect their wage claim in Turkey, they may exercise their statutory lien right by requesting the sale of the ship. However, there are certain limitations:

• If the operation of the ship is conducted unlawfully by the owner (proprietor), and
• In cases where creditors act in bad faith,

The owner may prevent the sale of the ship. For example, if the lease contract expires but the lessee does not return the ship and the seafarer knowingly continues to work on the ship, this situation is legally considered unlawful on the part of the owner and the seafarer is also regarded as acting in bad faith.

In conclusion, the seafarer’s statutory lien right under Turkish law is a fundamental protection mechanism aimed at establishing a fair and legal balance in the relationship between the shipowner/operator and the seafarer. This right both secures the seafarers’ wage claims in Turkey and regulates the legal relationships between the shipowner and third parties.

WHAT ARE THE RIGHTS OF SEAFARERS IN TURKEY?

Law No. 854 on Maritime Labor is a special regulation covering seafarers employed under service contracts on Turkish-flagged vessels operating in seas, lakes, and rivers. This law defines the working conditions and rights of seafarers in Turkey, forming the foundation of maritime labor law.

1. Daily and Weekly Working Hours of Seafarers in Turkey

The daily working time for seafarers in Turkey is 8 hours, and the weekly working time is 48 hours. The weekly working time is divided equally by the number of working days per week. For example, a seafarer working 5 days per week has a daily working time of 9.6 hours.

2. Weekly Rest Rights of Seafarers in Turkey

A seafarer who completes the weekly working time is entitled to weekly rest on the remaining days. However, seafarers on port service and ferry vessels cannot be made to work more than 6 days per week. The weekly rest right is a fundamental right protecting the seafarer’s need for rest and recovery.

3. Seafarer’s Paid Weekly Holiday Rights in Turkey

A seafarer not working on a weekly rest day is paid one day’s wage without any work performed. A seafarer working on a weekly rest day must be paid at least 25% overtime premium on that day’s wage.

4. Seafarer’s Unpaid Leave Rights for Travel 

Seafarers are entitled to use up to 7 days of unpaid leave for travel, which is important for their family and personal needs.

5. Seafarer’s Annual Paid Leave Rights in Turkey

A seafarer who has worked for the same employer or on the same vessel for at least 6 months is entitled to annual paid leave in Turkey. This leave is at least 15 days for service between 6 months and 1 year, and at least 1 month for service of 1 year or more.

6. Right to Terminate Employment Contract

If the employer terminates the employment contract in bad faith, the seafarer is entitled to compensation equal to three times their wage in Turkey. Additionally, the termination notice period is 6 working days from the date either party becomes aware of the termination action.

7. Social Security Rights of Seafarers in Turkey

Seafarers are covered under the Social Insurances and General Health Insurance Law No. 5510. Employers are obliged to submit the employment entry declaration to the Social Security Institution (SGK) electronically before starting to employ a seafarer, and to submit the employment termination declaration within 10 days of contract termination.

• Employment without insurance is illegal and may result in administrative fines and criminal penalties in Turkey.
• Employers must regularly and fully report and pay seafarers’ monthly social security premiums in Turkey.
• Correct reporting of the termination code to SGK is essential, as this affects the entitlement to severance and notice pay, and is reviewed by both SGK and labor courts.
• False termination codes can cause seafarers to lose unemployment insurance rights in Turkey and expose employers to compensation claims in future lawsuits.
• In case of violation of social security rights in Turkey, seafarers may file complaints with SGK or lawsuits for claims and compensation. Failure to pay premiums may be challenged via a service determination lawsuit to document unpaid service periods.

8. Other Important Seafarer Rights in Turkey

• Paid leave of 2 days for the death of parents and 3 days for marriage,
• Indefinite-term contracts cannot be terminated within 6 months without cause,
• Employers must provide advances upon seafarers’ request,
• Employers with 9 or more seafarers are required to make wage payments through bank transfers.

In conclusion, Law No. 854 on Maritime Labor protects the rights of seafarers in Turkey by regulating working conditions, ensuring a safe, fair, and dignified working environment. Compliance by both seafarers and employers with these legal provisions forms the foundation for labor peace and sustainability in the maritime sector.

SEAFARERS’ RIGHTS ON TURKISH-FLAGGED AND FOREIGN-FLAGGED VESSELS

The rights of maritime workers in Turkey vary significantly depending on whether the vessel is Turkish-flagged or foreign-flagged, due to different applicable legal frameworks and working conditions.

On Turkish-flagged vessels, seafarers’ rights are comprehensively regulated under Law No. 854 on Maritime Labor, which secures their labor claims and social rights. This legal framework ensures protection of maritime worker rights in Turkey by setting clear standards for wages, working hours, leave, and termination benefits.

In contrast, seafarers employment rights in Turkey working on foreign-flagged vessels are primarily governed by contractual agreements between the parties and the provisions of the Turkish Code of Obligations (Law No. 6098). Therefore, the vessel’s flag plays a critical role in determining which legal regime applies to seafarers.

1. Labor Claims and Protections for Seafarers on Turkish-Flagged Vessels

Seafarers on Turkish-flagged vessels, regardless of Turkish nationality, are entitled to rights regulated by the Maritime Labor Law (Law No. 854). These include:

• Salary Receivable: These are the basic wages that seafarers receive during specified periods. A seafarer may receive salary payments from abroad or from within Turkey.
• Overtime Pay Receivable: These are the wages that seafarers are entitled to for work performed outside of regular working hours.
• Annual Leave Pay Receivable: These are the wages paid to seafarers during their annual paid leave periods.
• Weekly Rest Day Pay Receivable: These are the wages that must be paid when work is performed on the weekly rest days.
• Public Holiday Pay Receivable: These are the wages demanded for work performed on official public holidays.

along with severance pay and notice pay, all constituting essential components of maritime worker rights in Turkey.

2. Rights of Seafarers on Foreign-Flagged Vessels in Turkey

Seafarers employed on foreign-flagged vessels generally rely on contracts with shipowners or operators. These contracts specify voyage details, duties, and compensation.

Their rights and claims fall under the Turkish Code of Obligations (Law No. 6098) rather than the Maritime Labor Law, which means seafarers employment rights in Turkey on foreign-flagged vessels are more dependent on contract terms and may differ significantly from those on Turkish-flagged vessels.

In summary, maritime worker rights in Turkey are most comprehensively safeguarded under the Maritime Labor Law for Turkish-flagged vessels, whereas for foreign-flagged vessels, seafarers employment rights in Turkey are mostly contract-based and subject to different legal interpretations. This distinction is crucial for understanding the legal protections afforded to seafarers based on the vessel’s flag.

WORKING HOURS OF SEAFARERS UNDER TURKISH MARITIME LABOR LAW

A ship is not just a workplace but also a living space for seafarers. Because of this, the nature of work and voyage durations make seafarers’ working hours different from other workers in Turkey. Seafarers spend long periods on board and cannot rest whenever they want. Therefore, working hours of seafarers are specially regulated under Turkish Maritime Labor Law.

• Working Hours of Seafarers in Turkey

Seafarers’ working hours depend on the voyage duration and job needs in Turkey. These hours are regulated by the Maritime Labor Law No. 854 and related regulations, and supported by seafarer employment contracts in Turkey.

a) Regular Working Hours of Seafarers in Turkey

Regular working hours mean the time spent actually working during shifts in Turkey. According to Article 26/1 of the Maritime Labor Law No. 854, working hours are 8 hours per day and 48 hours per week, divided equally over working days. There is no difference between day and night shifts in Turkey.

Time spent on board but not working (free to move around) is not counted as working hours in Turkey. Court rulings emphasize only actual working time counts as working hours in Turkey. Otherwise, expecting seafarers to work 24/7 is against human nature.

Working hours include actual hours worked and legally assumed hours worked. However, unlike Turkish Labor Law, Maritime Labor Law does not clearly regulate assumed working hours, except for certain leaves like marriage or medical reports which count as worked days in Turkey.

b) Seafarers Exempt from Regular Working Hours in Turkey

According to Article 27 of the Maritime Labor Law No. 854, some seafarers are exempt from normal working hour rules in Turkey. These include:

• Chief captain or pilot captains on ships with multiple captains
• Chief engineers on ships with multiple engineers
• Medical staff such as doctors and nurses
• Rescue ship crew whose main job is to save lives and property
• Those working on board on their own account

Although the duties of these individuals differ, the captain —who is the most important person after the shipowner in maritime labor law— holds a technical and legal status distinct from other seafarers. The captain’s authority is exercised continuously during the vessel’s navigation, and therefore, both the captain and the chief engineer are not subject to the standard limits of 48 hours per week and 8 hours per day working hours in Turkey.

• Rest Periods of Seafarers in Turkey

The rest periods of seafarers in Turkey are determined in accordance with the voyage plan and the rules stipulated by the Maritime Labor Law. Providing sufficient rest opportunities for seafarers is of great importance for both occupational health and productivity in terms of maritime worker rights in Turkey.

1. Weekly rest period: Seafarers are entitled to at least 24 continuous hours of rest per week in Turkey. This period is generally provided at the end of the weekly working hours.
2. Daily rest period: Although the Maritime Labor Law does not explicitly specify a daily rest duration in Turkey, working and rest periods must be balanced accordingly.
3. Furthermore, according to Article 26 of the Maritime Labor Law, weekly working hours must not exceed 48 hours, and while these hours are distributed equally over the working days of the week, rest periods must also be respected.

In summary, seafarers must be granted at least 24 continuous hours of rest per week in Turkey. Other working hours and rest times are organized according to the ship’s voyage schedule and the nature of the work, in accordance with maritime worker rights in Turkey.

• Employer’s Management Authority

Although the employer is authorized to regulate operations on board and determine working hours, this authority must be exercised within the boundaries set by the Maritime Labor Law and relevant legislation. This ensures that seafarers’ rights and working conditions are protected in Turkey.

• Points to Consider in Practice

Working conditions for seafarers in Turkey are critically important for occupational health and safety. Employers must show due care for the rights and health of seafarers and act in compliance with the work arrangements set forth by the Maritime Labor Law. Additionally, the planning and supervision of working hours is vital for creating a safe working environment on board, in line with maritime worker rights in Turkey.

OVERTIME REGULATION FOR SEAFARERS UNDER THE TURKISH MARITIME LABOR LAW

According to the Turkish Maritime Labor Law, the working hours of a seafarer are limited to 8 hours per day and 48 hours per week. Any work exceeding these standard working hours is considered overtime. While the Labor Law allows overtime based on reasons such as increasing production, public interest, or the nature of the job, the Turkish Maritime Labor Law does not specify such justifications.

1. Overtime Pay for Seafarers in Turkey

In general labor law, overtime pay in Turkey is calculated as 50% more than the regular hourly wage. However, under the Maritime Labor Law, overtime compensation in Turkey is calculated as 25% more than the regular hourly wage. That is, each overtime hour is paid at a rate 25% higher than the standard rate. Seafarer’s overtime wages in Turkey must be paid in full and on time by the employer, according to the time, place, and intervals specified in the employment contract.

According to the Court of Cassation’s practice, a method known as the “equity deduction” is applied. Under this method, it is not deemed realistic for a seafarer to work under the same conditions continuously for long periods; days taken off due to leave, medical reports, or excused absences are deducted from the total working hours.

2. Documentation of Overtime Work in Turkey

The employer or the employer’s representative must post a schedule showing the seafarer’s shifts, meal breaks, and rest periods in a place visible to the crew.

In addition, they are required to keep a separate ledger approved by a notary, in which overtime days, rates, and the corresponding wages earned by the seafarer are recorded. This ledger and related documents serve as evidence of overtime work in Turkey.

Failure of the employer or representative to maintain this ledger does not invalidate the seafarer’s overtime claims in Turkey. Overtime may be proven through the ship log, payroll, or witness testimony. However, if the seafarer has signed the ledger and no records are noted, they cannot claim overtime in Turkey beyond what is written in the ledger.

3. Situations Not Considered Overtime in Turkey

Certain situations outlined in the Maritime Labor Law and ILO Convention No. 180 are not classified as overtime, including:

• Tasks deemed necessary by the captain for the safety of the ship and crew,
• Customs, quarantine, and other health-related procedures,
• Firefighting, abandoning the ship, collisions at sea, man-overboard rescues, and defense drills.

Even if these tasks occur outside standard working hours, they are not considered overtime in Turkey, and seafarers do not have the right to refuse such duties.

4. Inclusion of Overtime Pay in Employment Contracts

Under Maritime Labor Law, it is possible to include overtime compensation in Turkey in employment contracts. However, this practice must remain within certain limits. These limits are established in accordance with international standards and EU directives, aiming to protect the health, safety, and rights of seafarers.

5. Characteristics of Overtime and Emergency Situations

Given that rest periods are spent on board and leisure time is limited, overtime must be separately evaluated and compensated. Furthermore, emergencies encountered during voyages or while docked may necessitate overtime, and in such cases, overtime payments are required.

TERMINATION OF SEAFARER EMPLOYMENT CONTRACT WITH JUST CAUSE UNDER TURKISH MARITIME LABOR LAW

A seafarer’s employment contract may be terminated without notice under specific conditions in Turkey. In such cases, seafarers’ rights in Turkey are protected under the Turkish Maritime Labor Law.

• Non-Payment of Wages: If the employer fails to pay wages as required by law or the employment contract, the seafarer has the right to terminate the maritime employment contract in Turkey with just cause.
• Unlawful Conduct: In cases where the employer or the employer’s representative acts contrary to law, employment contracts, or working conditions and thereby violates the seafarer’s rights in Turkey, the contract may be terminated without prior notice.
• Violation of Maritime Conduct and Ethics: If the employer or their representative acts against maritime rules or ethical standards (such as insult, fraud, etc.), the seafarer has the right to immediately terminate the contract.

According to Article 14 of the Turkish Maritime Labor Law, the employer or the employer’s representative may also terminate the contract without notice in certain circumstances, including:

• Suspension from Voyage: If the ship is withdrawn from service for more than 30 days, the employment contract may be terminated without notice or compensation in Turkey.
• Illness or Disability: If the seafarer suffers from an illness or disability that permanently prevents them from performing duties on board, the employer may terminate the contract without notice and without maritime termination compensation in Turkey.

Just as with terminations with notice, terminations without notice also have legal consequences and must be conducted in accordance with the relevant provisions of the Turkish Maritime Labor Law. When an employer or their representative terminates a contract, the reasons for termination must be provided in writing and the seafarer’s legal rights in Turkey must be protected. If it is not possible to provide written notice, the situation must be documented in an official report.

This framework ensures that maritime dismissal rights in Turkey are upheld while maintaining a balance between the employer’s operational requirements and the seafarer’s legal protections.

REPATRIATION RIGHTS OF SEAFARERS IN CASE OF EMPLOYMENT CONTRACT TERMINATION IN TURKEY

In the event of the seafarer’s termination of an employment contract in Turkey, a seafarer’s right to repatriation refers to their return to the port to which the vessel is assigned, and the obligation of the employer to cover all expenses incurred during the journey. This responsibility lies entirely with the employer. While this right was previously granted only to shipmasters before the enactment of the Turkish Maritime Labor Law, it is now extended to all seafarers regardless of rank.

Although the concept of repatriation is often associated with international voyages, Article 23 of the Turkish Maritime Labor Law clearly stipulates that if an employment contract ends at any Turkish port, the seafarer must also be repatriated within the country. This provision ensures that when a contract is terminated —whether due to dismissal or contract expiry— the employer remains responsible for repatriating the seafarer and covering the associated costs, even within national borders.

This legal safeguard plays a crucial role, especially in cases of wrongful dismissal of seafarers in Turkey, ensuring that seafarers are not left stranded and that their rights are fully protected under national law.

WHAT SHOULD A SEAFARER DO IF WAGES ARE UNPAID IN TURKEY?

Seafarer’s unpaid wages in Turkey are protected under both Turkish labor law and maritime labor regulations. The non-payment of wages constitutes a breach of the employer’s primary obligation and gives rise to several legal remedies for the seafarer. The applicable legal framework includes the Turkish Maritime Labor Law (Law No. 854), the Turkish Labor Law (Law No. 4857), the Turkish Code of Obligations (Law No. 6098), the Labor Courts Law (Law No. 7036), as well as relevant international maritime regulations. Legal options available to seafarers in Turkey are outlined below:

1. Mandatory Mediation (As a Prerequisite for Filing a Lawsuit)

According to Article 3 of the Labor Courts Law No. 7036, mediation is mandatory before filing a lawsuit in maritime labor disputes in Turkey. This rule also applies to seafarers working under the Maritime Labor Law. Therefore, a seafarer whose wages remain unpaid must first apply to a certified mediator in an attempt to resolve the dispute.

• If the parties reach an agreement during mediation, the resulting document has the same legal effect as a court judgment and may be enforced directly.
• If no agreement is reached, this outcome is recorded in an official report, which the seafarer must then attach to their lawsuit when applying to the competent court.

2. Judicial Proceedings in Turkey

In cases concerning a seafarer’s unpaid wages in Turkey, the seafarer may proceed with litigation only after the mediation process concludes. The judicial route to be taken will depend on factors such as the ship’s flag and its geographical area of operation.

a) Competent Court for Turkish-Flagged Vessels in Turkey

If the dispute arises between a seafarer and an employer on a Turkish-flagged vessel, the case falls under the scope of the Maritime Labor Law. In this case, labor courts are competent. The authorized court is generally the court located at the employer’s place of residence or where the work was performed (in accordance with Articles 6 and 9 of the Turkish Code of Civil Procedure).

b) Competent Court for Foreign-Flagged Vessels in Turkey

If the vessel is foreign-flagged, there are two possible scenarios:

• Foreign Flag and Operations Outside Turkey: In principle, the law of the flag state applies. The seafarer may need to bring the claim before the competent foreign judicial authorities.
• Foreign-Flagged Vessel Operating in Turkey: If the ship operates in Turkey (either permanently or temporarily), and if the operator has a liaison office, a foreign branch, or owns immovable property in Turkey as a foreigner, then the dispute may be brought before Turkish courts under the general provisions of the Turkish Code of Obligations. In such cases, the competent court is the civil court of first instance, as maritime labor disputes involving foreign elements fall outside the jurisdiction of labor courts.

3. Labor Claims That Seafarers Can Claim in Turkey

The seafarer may file a lawsuit in Turkey for the following claims:

• Unpaid wages
• Severance pay (if worked at least 1 year and termination was for a justified reason)
• Notice compensation (if termination was made without complying with the notice period)
• Labor claims such as overtime pay, work on official holidays, night shifts
• Annual leave pay (if unused)
• Material and moral damages (if applicable)

These claims can be calculated for periods both before and after the termination of the seafarer’s contract in Turkey.

4. Appeal and Cassation Procedures in Turkey

An appeal can be filed to the regional appellate court (istinaf) within the legal time limit against the first-instance court’s decision (Code of Civil Procedure Article 341). After the appellate court’s decision, cassation is also possible (if the case value is within the limits). However, the cassation authority may be limited in labor cases to only appeals, making the appellate court’s decision final.

5. Enforcement Proceedings and Debt Collection in Turkey

After the court decision becomes final in Turkey, the seafarer may initiate enforcement proceedings with a court order under the Execution and Bankruptcy Law to collect the claim. The enforcement can be directed at the employer’s:

• Bank accounts in Turkey
• Vessel
• Equipment on the vessel
• Other movable and immovable assets of the employer

During enforcement, special procedures such as provisional attachment or negative declaratory actions may be applicable.

Failure to pay wages to the seafarer in Turkey constitutes a serious violation of rights and may justify termination of the employment contract as well as cause financial losses. The seafarer should first seek resolution through mediation; if no settlement is reached, they should pursue the relevant judicial remedies to claim their dues.

The competent and authorized court in Turkey is determined based on the nature of the dispute and the ship’s status. After the litigation process is completed and the decision becomes final, enforcement proceedings can begin to collect the seafarer’s unpaid wages in Turkey. Working with a lawyer specialized in maritime labor law and obtaining legal support in Turkey during this process is crucial to prevent procedural errors and ensure effective management of the case.

IS THERE A REINSTATEMENT LAWSUIT IN TURKISH MARITIME LABOR LAW?

In Turkish maritime labor law, the concept of “reinstatement” as found in general labor law is not explicitly regulated. Therefore, even if a seafarer’s employment contract in Turkey is terminated unfairly, the seafarer does not have the right to file a reinstatement lawsuit. Instead, the seafarer may file a claim for labor receivables and, if able to prove that the employer acted in bad faith in terminating the contract, is entitled to compensation under the Maritime Labor Law No. 854.

If the seafarer proves that the employer terminated the contract maliciously, they may claim compensation up to 3 months’ wages in Turkey. This compensation aims to offset the financial losses resulting from the unlawful termination of the employment contract and is determined according to the relevant provisions of the Maritime Labor Law No. 854.

However, the absence of the right to file a reinstatement lawsuit does not reduce the employer’s obligation to protect and substantiate the seafarer’s rights during the termination process in Turkey. The seafarer can present the necessary evidence to prove wrongful termination and seek their rights through legal procedures.

In conclusion, while the concept of reinstatement does not exist in maritime labor law, seafarers who are unfairly dismissed can claim their labor receivables in Turkey and, if they prove bad faith on the part of the employer, have the right to certain compensation. It is important for seafarers to fully understand their rights and obligations under maritime labor law and to seek legal support when necessary.

LEGAL RIGHTS OF SEAFARERS IN TURKEY IN CASE OF WORK ACCIDENTS

Turkish Maritime labor law is a specialized field that governs the working conditions and risks encountered by seafarers. Due to the challenging maritime environment and the constant movement of ships, seafarers face a high risk of work-related accidents. Consequently, the legal rights of seafarers in the event of a work accident, including seafarers injury compensation in Turkey, are comprehensively regulated by national legislation

1. Definition and Notification of Work Accident in Turkey

A work accident is defined as a sudden and unexpected event that occurs while the seafarer is performing their duties or in connection with their work, causing physical or mental harm. It is mandatory for the seafarer to immediately notify the employer of the accident. The employer is then obliged to report the accident accurately and timely to relevant public authorities in accordance with the provisions of the Law No. 6331 on Occupational Health and Safety, Law No. 5510 on Social Insurance and General Health Insurance, and the Maritime Labor Law. Failure to fulfill this reporting obligation may result in legal sanctions against the employer and strengthen the seafarer’s claim for compensation.

2. Social Security Rights of the Seafarer in Case of a Work Accident in Turkey

In the event of a work accident in Turkey, the seafarer has the right to benefit from work accident insurance under Law No. 5510 on Social Insurance. This includes access to free healthcare services from the date of the accident, entitlement to temporary incapacity benefits, and the right to claim disability pension if permanent incapacity occurs. In case of death, the seafarer’s legal heirs are entitled to death benefits and funeral assistance, all of which fall under the broader framework of seafarers injury compensation in Turkey.

3. The Right To Medical Treatment And Rehabilitation Of Seafarers In Case Of Work Accident in Turkey

All medical interventions, treatments, and rehabilitation expenses required due to the work accident in Turkey are to be covered by the employer or the social security institution. The employer is responsible for taking necessary measures to address health problems arising from the accident and for monitoring the treatment process in Turkey. Rehabilitation is vital for the seafarer’s recovery of working capacity, and the employer’s responsibility continues throughout this period.

4. Job Security and Prohibition of Dismissal

Under the Turkish Maritime Labor Law and general labor law principles, a seafarer who suffers a work accident in Turkey is afforded special protection against dismissal. The employer cannot terminate the employment contract unfairly due to temporary or permanent incapacity caused by the accident. If the employment contract is terminated on such grounds, the employer’s right to dismiss in Turkey is restricted, and the injured seafarer has the right to claim compensation and other entitlements in Turkey under the Maritime Labor Law.

5. Seafarers’ Injury Compensation Rights in Work Accidents in Turkey

If the work accident is caused by the employer’s fault or negligence in Turkey, the seafarer or their legal beneficiaries may file claims for material and moral damages as part of seafarers’ injury compensation in Turkey against the employer. Material damages cover loss of income, medical expenses, and other financial harms, while moral damages compensate for pain, suffering, and violations of personal rights. These claims are shaped by the provisions of the Maritime Labor Law, the Code of Obligations, and relevant judicial precedents. The comprehensive framework of seafarers injury compensation in Turkey aims to ensure the full protection of seafarers’ rights following occupational accidents at sea.

6. Protection of Rights and Legal Procedures After a Work Accident in Turkey

To protect their legal rights following a work accident in Turkey, seafarers must actively pursue legal procedures. This includes documenting the accident, notifying the Social Security Institution (SGK), obtaining medical reports, and collecting evidence related to the accident. Should the employer fail to meet their obligations, the seafarer may seek seafarers injury compensation in Turkey and other rights through judicial channels. Obtaining legal assistance from experts specialized in maritime labor law is crucial to prevent loss of rights.

In conclusion, the legal rights of seafarers in case of work accidents in Turkey encompass healthcare services, social security benefits, job security, seafarers injury compensation claims, and legal remedies. Employers must fully comply with these obligations, and seafarers should be able to exercise their rights effectively, which constitutes a fundamental objective of maritime labor law.

THE IMPORTANCE OF WORKING WITH MARITIME LAW FIRMS IN TURKEY TO PROTECT SEAFARERS’ RIGHTS AND EMPLOYER RIGHTS

Working with maritime law firms in Turkey is extremely important for commercial enterprises and individuals operating in the maritime sector. This is because maritime labor law is considered a specialized field governed by its own unique laws and regulations. Effective management of legal processes and protection of rights in this area require technical knowledge and experience.

• Specialized Knowledge of Laws and Regulations: Maritime labor law is regulated by its own specific statutes and regulations. Therefore, it is essential for businesses operating in the maritime sector and ship personnel to work with experienced maritime law firms familiar with this legislation. Experts guide their clients in compliance with the regulations and manage legal processes effectively.
• Need for Technical Knowledge and Experience: Maritime law contains complex technical details unique to the sector. Specialized lawyers and consultants understand the specific terminology and practices related to the maritime industry. Thus, they provide their clients with appropriate and effective legal solutions.
• Integration with Labor Law: Maritime law not only covers sector-specific legal regulations but also encompasses general principles of labor law. Maritime law firms can apply labor law provisions analogously when necessary, offering their clients comprehensive services.
• Expertise in International Law: The maritime sector operates on an international scale. Therefore, maritime law firms need to be specialized in international contract law, international trade law, and maritime accident law. This expertise is important to meet clients’ international legal needs.

• Overcoming the Language Barrier: In international maritime operations, legal documents, contracts, and dispute resolution processes often require multilingual communication. Maritime law firms with English speaking lawyers or international collaboration networks are better equipped to bridge communication gaps between parties from different legal and linguistic backgrounds. Effective legal representation in such cases hinges not only on legal knowledge but also on the ability to communicate that knowledge clearly and accurately in multiple languages.

Working with maritime law firms provides legal support in a specialized area that requires technical knowledge, experience, and an international perspective for businesses and individuals operating in the maritime sector. This enables clients to receive effective and reliable solutions tailored to the complexities of the maritime industry.