Seafarers’ Rights and Employer Obligations Under the Maritime Labor Law: A Comprehensive Guide

While maritime transport forms the backbone of global trade, the working conditions of seafarers, the heroes of this demanding sector, are sharply separated from land-based lines of work. In the Turkish legal system, this special status is regulated by the Maritime Labor Law No. 854. Within the dynamic structure of maritime law, knowing the rights of seafarers and the legal obligations of employers is critical both to prevent potential disputes and to ensure operational continuity. In this guide, we will discuss the cornerstones of maritime labor law and current practices.

The Concept of Seafarer and Employer: Scope of the Law

The Maritime Labor Law covers seafarers working on ships flying the Turkish flag on seas, lakes, and rivers with a gross tonnage (GT) of 100 and above, as well as the employers of these ships. The master, officers, ratings, and all other personnel serving on board hold the status of “seafarer.” As Esenyel Partners, with our deep experience in the field of maritime law, we protect the rights of the parties at international standards during the preparation of seafarer employment contracts and dispute management processes.

Fundamental Rights of Seafarers

1. Working Hours and Overtime

In maritime labor law, the general working time is 8 hours a day and 48 hours a week. Work exceeding this period is considered “overtime.” However, emergency work and drills conducted when safety at sea (safety of life, property, and ship) is at stake can be excluded from these periods. Working time is the time the seafarer spends working on the job or keeping watch. The accurate calculation and recording of overtime wages is a legal obligation for employers.

2. Annual Paid Leave and Travel Leave

A seafarer becomes entitled to annual leave after working for the same employer for at least 6 months.

• 6 months – 1 year of work: 15 days of leave.
• 1 year and above of work: There is a right to at least 1 month of leave per year. The one-month leave can be divided into two, provided it is used within the same year with the consent of the parties.

3. Right to Repatriation

If the seafarer’s employment contract is terminated abroad or at a port outside the personnel’s residence due to reasons listed in the law, provided there is no other provision in the employment contract; the costs of the personnel’s return to their residence (travel, food, and essential expenses) are entirely covered by the employer. This right is one of the most fundamental protection mechanisms specific to the maritime sector.

Fundamental Obligations of the Employer

The Maritime Labor Law imposes on the employer not only the obligation to pay wages but also the responsibility to protect the personnel’s quality of life.

• Record Keeping: The employer must keep a notary-approved “Wage Payment Ledger” on every ship and document all payments transparently.
• Obligation to Provide Food and Accommodation: It is mandatory to provide seafarers with healthy meals (food) and suitable accommodation conditions (board) during their time on board. In cases where conditions do not permit this, the employer is obliged to pay this amount in cash.
• Health and Treatment Responsibility: The care and treatment process of personnel who fall ill or have an accident on board is the employer’s responsibility as long as they are on the ship. Esenyel Partners provides strategic consultancy in establishing the balance between shipowners and personnel within the legal framework, especially regarding occupational accidents and health compensations.

Termination of the Employment Contract and Severance Rights

Pursuant to the Maritime Labor Law, a seafarer who has completed 1 year and meets the conditions specified in the law becomes entitled to severance pay. In the event of an unjustified termination of the employment contract, notice pay and, if the conditions are met, “bad faith compensation” may arise. It is worth reminding that the probation period in indefinite-term employment contracts in maritime is a maximum of 1 month, and during this period, the parties have the right to terminate without notice and without compensation.

Conclusion and Professional Support

Maritime labor law is subject to different procedures and forfeiture periods compared to general labor law. It is essential that legal processes are managed professionally to prevent loss of rights for seafarers and to avoid heavy administrative sanctions for shipowners.