⚓ Rights of Seafarers and Dispute Resolution Methods under the Turkish Maritime Labour Law

📍 Shiprights Law & Consultancy

🧭 INTRODUCTION: Seafarers and Their Legal Protections

Maritime activities have been a cornerstone of trade, transportation, and international relations throughout history. In countries like Türkiye, surrounded by seas on three sides, the maritime sector carries not only economic but also strategic significance. Seafarers, who serve in this demanding industry, are a vital workforce contributing to the national economy while operating under challenging conditions at sea.

However, seafaring involves prolonged voyages, isolated living environments, occupational hazards, and complex legal statuses due to operations in international waters. This makes seafarers' working conditions fundamentally different—and riskier—than those of land-based workers.

📌 For these reasons, seafarers' rights are regulated under a specialized legal framework and further reinforced by international conventions. The core regulation in Türkiye is Law No. 854 on Maritime Labour (Deniz İş Kanunu), which governs the legal relations of seafarers. Additionally, various international conventions, to which Türkiye is a party, aim to provide global standards in ensuring the safety, welfare, and rights of maritime workers.

This article comprehensively examines the legal rights of seafarers under Turkish law and international instruments, highlights the common types of disputes they face, and outlines the available legal remedies.

⚖️ I. WHO IS A SEAFARER? LEGAL STATUS & SCOPE

📎 1. Definition and Key Elements

According to Article 854 of the Turkish Maritime Labour Law, a seafarer is “a person working aboard a vessel under an employment contract, including the captain.” This broad definition encompasses all onboard personnel employed through a service agreement, regardless of their specific duties. This includes:

• Captains

• Officers

• Engineers

• Deckhands

• Mechanics

• Stewards

• Cooks

• Radio Operators

• Security Personnel

All of the above are subject to Law No. 854, not the general Turkish Labour Code (Law No. 4857), which applies to land-based workers.

📎 2. Applicable Legal Framework

The legal status of seafarers is governed by both domestic and international legislation. The main legal instruments include:

📚 Regulation 📌 Scope

⚖️ Law No. 854 (Maritime Labour Law) -Core regulation for Turkish-flagged vessels and seafarers under employment contracts

⚖️ Turkish Code of Obligations (Law No. 6098) -Supplementary rules for employment agreements

⚖️ Labour Law (Law No. 4857) -Applicable only to shore-based maritime support staff

🌍 ILO Conventions -Set global labour standards and protections

🌍 MLC 2006 (Maritime Labour Convention) -Establishes global norms for seafarers’ working and living conditions

🚢 II. FUNDAMENTAL RIGHTS OF SEAFARERS

📌 1. Employment Contract & Job Security

Every seafarer must have a written employment contract signed with the employer, which clearly outlines:

• The name of the vessel

• Route/region of operation

• Salary and payment terms

• Working hours and shift schedules

• Job responsibilities

In the absence of a written contract, alternative evidence such as witness statements and voyage logs can be used to establish the employment relationship—favoring the worker, in line with labour law principles.

📌 2. Wages and Payment Guarantees

Wage entitlements form the backbone of a seafarer’s rights:

• Payments may be made in Turkish Lira or foreign currency.

• Wages must be paid regularly at least once per month.

• Late payments entitle the seafarer to terminate the contract for just cause.

• Salaries for international voyages are usually based on ITF standards (International Transport Workers' Federation).

• If wages are unpaid, legal action can be initiated in both Turkish and foreign jurisdictions.

📌 3. Working Hours and Rest Periods

To ensure occupational safety and health:

• Maximum 14 hours of work per day, with a minimum 10 hours of rest.

• Weekly working hours capped at 72, with a minimum 77 hours of rest.

• Excess hours qualify as overtime, warranting additional compensation.

• These limits are monitored under the MLC 2006 compliance framework.

📌 4. Social Rights: Nutrition, Accommodation, and Health

• Balanced and sufficient nutrition must be provided onboard.

• Accommodation, ventilation, hygiene, and bathroom facilities must meet international standards.

• If no onboard medical personnel are present, the captain must ensure medical care at the next port.

• In case of occupational injuries or illness, the employer must cover treatment and pay temporary disability benefits.

📌 5. Compensation and Disability Rights

In the event of an accident:

• During recovery, wages continue to be paid.

• For permanent injuries, compensation is calculated based on the degree of disability.

• In fatal cases, dependents (spouse, children, or parents) are entitled to claim loss of support compensation.

🧭 III. COMMON DISPUTES FACED BY SEAFARERS

⚖️ Dispute Type 📌 Description

📌 Unpaid Wages * Delayed or incomplete salary payments

📌 Lack of Social Security * Employer’s failure to pay SGK premiums

📌 Unpaid Overtime * Long shifts without compensation

📌 Unlawful Termination * Contract terminated without just cause

📌 Abandonment in Foreign Por t * Crew left behind in a foreign jurisdiction

📌 Injury Claims * Work accidents and subsequent compensation issues

⚖️ IV. DISPUTE RESOLUTION PATHWAYS

🛟 1. Under Turkish Law

✅ Mandatory Mediation
Before filing a labour lawsuit, parties must engage in mediation. If unresolved, the claim proceeds to the Labour Court.

✅ Labour Court Proceedings
Courts usually interpret disputes in favour of the employee. Crucial evidence includes:

• Employment contracts

• Voyage logs

• Witness statements

• Pay slips

✅ Precautionary Measures: Vessel Seizure
In urgent cases, a provisional seizure (ihtiyati haciz) of the vessel may be requested to secure the claim.

🌍 2. International Remedies

🌐 ITF Applications
ITF offices assist in recovering unpaid wages and ensuring compliance with work standards.

🌐 MLC 2006 Complaint Mechanism
Seafarers can lodge complaints with port state control authorities in countries that have ratified the MLC.

🌐 Foreign Jurisdictions
For foreign-flagged vessels, lawsuits may be filed under the flag state's laws. This often requires:

• Legal petitions in a foreign language

• Certified translations

• Assistance from local attorneys abroad

🛠️ V. LEGAL SUPPORT BY SHIPRIGHTS

At Shiprights Law & Consultancy, we provide:

• Full representation in labour disputes and injury compensation cases

• Filing lawsuits in both Turkish and international courts

• Seizure applications for unpaid claims

• Legal support during ITF and MLC 2006 complaint procedures

• End-to-end legal guidance to protect the rights of maritime workers

🧭 CONCLUSION

A life at sea demands resilience and discipline. Thus, seafarers deserve not only respect but robust legal protection. Their right to fair pay and safe working conditions is not a privilege—it is a fundamental obligation under the rule of law.

📢 At Shiprights Law & Consultancy, we are dedicated to standing with both domestic and international seafarers every step of the way.

⚖️ When claiming your rights, make sure you have a legal harbor beside you.
⚓ Your safe harbor: Shiprights

📞 CONTACT

Shiprights Law & Consultancy
📍 Istanbul, Türkiye
🌐 www.shiprights.com
📧 info@shiprights.com
📞 +90 5538029264