Maritime Labor Law in 2026: Guarantee of Annual Leave Pay Following the Constitutional Court’s Annulment Decision

As of 2026, the maritime sector, one of the most critical arteries of global trade, has settled on a legal ground that is more protective and more compatible with international standards. One of the most important building blocks of this change is the historic annulment decision rendered by the Constitutional Court and published in the Official Gazette No. 32489. As Esenyel Partners, we evaluate this development not merely as a change in a legal text, but as the securing of the social rights of maritime employees under constitutional guarantee.

Legal Foundations and Grounds for the AYM Annulment

The Constitutional Court (AYM) has ruled that the seventh paragraph of Article 40 of the Maritime Labor Law No. 854, which regulates annual leave rights, is contrary to Article 50 of the Constitution. This annulled regulation envisaged that unused annual leave pay would be paid only if the seafarer’s service contract was terminated in accordance with subparagraphs II, III, and IV of Article 14 of the Law. Due to this regulation, contracts terminated under subparagraph I of Article 14 resulted in the non-payment of the annual leave pay that the seafarer had earned but not used.

The High Court emphasized that annual leave is not only a rest period but also an economic value that transforms into a monetary value at the end of the employment contract. Therefore, the failure to pay this amount for any seafarer whose service contract ends without using paid annual leave has been accepted as a disproportionate violation of the constitutional right to rest and the right to property.

Legal Parallelism with the Labor Law and Press Labor Law

In accordance with the principles of justice and equality in our legal system, it is essential that similar employment relationships be protected with similar rights. In service relationships within the scope of the Labor Law and the Press Labor Law, accumulated leave pay is paid to the employee regardless of the employee’s fault. The old restrictive provision in the Maritime Labor Law placed maritime employees in a disadvantageous position compared to employees in other sectors.

With the AYM decision, this inequality has been eliminated, and the provisions of the Maritime Labor Law have been made compatible with the general principles of modern labor law. Thanks to this jurisprudence, which has become established in 2026, when a seafarer’s contract is terminated, requesting annual leave pay has become an absolute legal right, regardless of whether the termination is “justified” or “unjustified.”

Maritime Labor Law and MLC Applications in 2026

Today, maritime labor law is shaped not only by national laws but also by international conventions such as MLC 2006. In the current practices of 2026, annual leave receivables are accepted as the most fundamental guarantee of the worker. In the process that came into effect after the annulment of the relevant paragraph, and in accordance with the new interpretation of the article, employers can no longer avoid payment by relying on the provision of paragraph 7 of the article.

In the dispute resolutions we conduct under the umbrella of Esenyel Partners, we observe that the lawsuit of every seafarer requesting unused annual leave pay from the employer within the 5-year statute of limitations is supported by a constitutional basis. This radical change in the content of the article has also positively affected labor peace in the maritime sector.

Evaluation by Esenyel Partners and Recommendations for Employers

As of 2026, it is a legal necessity for maritime companies (shipowners) to revise their termination processes and payroll management in light of this annulment decision. Annual paid leave receivables can no longer be added as a “punishment” to the justification of termination. Companies cleaning out invalid clauses in the service contracts signed with their employees that refer to the old version of the article will prevent potential administrative fines.

Following the annulment of this paragraph, the annual paid leave right of every seafarer who completes 6 months of seniority under the Maritime Labor Law has gained constitutional immunity. In this new era, monitoring up-to-date legislation is of vital importance so that both employers and employees do not suffer a loss of rights.

For more comprehensive and up-to-date information about these critical changes in maritime labor law, annual leave calculations, or other seafarer claims, you can contact Esenyel Partners. Our expert lawyers continue to provide services at 2026 standards to ensure the legal security of your maritime operations.