Introduction

This study analyzes the rights of a seafarer in cases where the employer violates fundamental terms of their service contract, such as position, salary, wage increases, job description, working hours, and the right to rest, in light of presented court decisions. The analysis reveals the legal remedies a seafarer can pursue, the compensation and claim items they can demand, and the procedural differences to be considered during this process. The study examines the rights and obligations that vary according to the nature of the contract violation, the type of contract (fixed-term/indefinite-term), and the flag of the vessel.

As a result of examining court decisions, the fundamental rights of a seafarer whose contract terms have been violated can be summarized as follows:

Right to Terminate the Contract for Just Cause: In situations such as non-payment of wages (including overtime, bonuses), significant and adverse changes to working conditions, underpayment of insurance premiums, or being forced into an unlawful act, a seafarer can immediately and for just cause terminate their employment contract.

Right to Claim Compensation and Labor Receivables: Depending on the termination of the contract for just or unjust cause, the seafarer may claim receivables such as severance pay, notice pay, unpaid wages, overtime, annual leave, weekly rest, and public holiday pay through legal action.

Right to Claim Remaining Term Wage (in Fixed-Term Contracts): In the event that a fixed-term employment contract is terminated early and unjustly by the employer, the seafarer has the right to claim their wage for the remaining duration of the contract (remaining term wage).

Right to Secure Receivables: The seafarer may request the establishment of a statutory lien on the vessel or an interim attachment to secure the collection of their receivables.

Right to Benefit from International Protection Mechanisms: Especially on vessels flying a “Flag of Convenience”, if wage and working conditions are contrary to international standards, they can seek their rights through the intervention of organizations such as the International Transport Workers’ Federation (ITF), and contracts signed in this way are considered legally valid.

1. Termination of the Contract and Its Consequences

Court decisions consider the violation of contract terms as a situation giving rise to the possibility of “termination for just cause,” which is the most fundamental right for a seafarer.

Non-payment of Wages: The Supreme Court considers the untimely or incomplete payment of wages as one of the most fundamental breaches. This situation covers not only the main salary but also supplementary payments such as overtime and bonuses (Supreme Court 9th Civil Chamber, 2015/16318). In a decision of the Supreme Court 7th Civil Chamber, this right is “clearly stated as the seafarer’s right to terminate the contract without notice in case wages are not paid according to the provisions of law or the service contract” (2013/2307-2013/13164). A seafarer who exercises this right is entitled to severance pay.

Substantial Change in Working Conditions: Situations such as the demotion of a seafarer’s position or an adverse change in their job description are considered substantial changes in working conditions. The Supreme Court 9th Civil Chamber evaluated the assignment of a chief engineer on a long voyage to a lower position within this scope and ruled that the seafarer could legitimately terminate the contract under Article 14/II of the Maritime Labor Law by not accepting this change. This article regulates the situation where “the employer or their representative acts against the seafarer, contrary to law, service contracts, or other working conditions” as a ground for termination (2010/31977-2012/43007). In this case, while the seafarer is entitled to severance pay, they cannot claim notice pay because they terminated the contract themselves.

Unjust Termination of Fixed-Term Contract: Unjust termination by the employer before the end of a fixed-term contract gives the seafarer the right to claim wages for the remaining period. The Istanbul Regional Court of Justice, in this situation, “made clear calculations such as the wage that could be claimed for the remaining contract period of 2 months and 7 days being 24,567.00 US Dollars”. However, courts have developed jurisprudence, in accordance with the Code of Obligations, stating that for savings incurred by the seafarer due to not working during this period (e.g., travel, food), “a discretionary reduction of 35% may be applied” (BAM Istanbul 13. Civil Chamber, 2019/1901-2021/1286). The Supreme Court emphasizes that an objective reason is not sought in the first fixed-term contract made with seafarers subject to the Maritime Labor Law, and therefore these contracts are valid, and in case of unjust termination, the remaining period’s wage can be claimed (Supreme Court 9th Civil Chamber, 2015/9036).

2. Violations of Working Hours, Right to Rest, and Job Description

Overtime: Failure to comply with working and rest periods gives the seafarer the right to claim overtime pay. The Supreme Court states that the employer is obliged to keep a notarized ledger to document overtime work, and these records must be examined by the court (Supreme Court 9th Civil Chamber, 2010/51135). In an important precedent, the Supreme Court stated that not only actual work but also the time the seafarer spent waiting under the employer’s command should be considered as working hours: “Periods during which the seafarer actually worked, or, although not actually working, held their capacity at the employer’s disposal, waiting for work to be given or for their shift to begin, should be counted as working hours.” (Supreme Court 9th Civil Chamber, 2022/4079-2022/5197).

Work Outside Job Description: If a seafarer performs additional duties beyond the job description specified in their contract, they have the right to claim extra payment for these services. The Supreme Court does not require a written document to prove such a claim. Stating that this situation is a legal act, the Supreme Court ruled, “… the fact is a legal act and can be proven by all kinds of evidence, including witness testimony. There is no requirement for a written instrument (written document) to prove a legal act.” thus deeming evidence such as witness statements to be sufficient (Supreme Court 9th Civil Chamber, 2015/21131-2018/17831).

3. Applicable Law and Judicial Procedure

The legal framework and the competent court that a seafarer will be subject to when seeking their rights vary according to the nature of the vessel:

Turkish-Flagged Vessels: Cases of seafarers working on vessels covered by the Maritime Labour Law (generally exceeding 100 gross tons) are heard, in accordance with Article 46 of the same law, in Labor Courts (Istanbul Regional Court of Justice 32nd Civil Chamber, 2017/597-2017/283).

Foreign-Flagged Vessels: In disputes involving seafarers working on foreign-flagged vessels, the Maritime Labour Law is not applied. In this situation, the dispute is resolved according to the general provisions of the Turkish Code of Obligations regarding service contracts, and the competent court is generally the Civil Courts of First Instance or Commercial Courts (First Instance-Istanbul 17th Commercial Court, 2018/16-2018/114).

Nature of the Work: If the work performed is not “maritime transport” but, for example, “sea surface cleaning,” then Labor Law No. 4857 is applied to the dispute according to general provisions, not the Maritime Labor Law (Supreme Court 9th Civil Chamber, 2016/8971-2019/18633).

Conclusion

Judicial decisions indicate that seafarers have broad and diverse protection mechanisms in cases of infringement of their rights arising from their employment contracts. In situations such as non-payment of wages, worsening of working conditions, or unfair termination of the contract, the seafarer has the right to terminate the contract for just cause, and to claim severance pay, remaining term wages, overtime, and other labor receivables. To facilitate the collection of receivables, they can benefit from special securities such as a statutory lien on the vessel or a preliminary attachment. However, during the process of determining and exercising rights, factors such as the type of contract, the flag of the vessel, and the nature of the work change the applicable law and the competent court. Therefore, it is of great importance that each dispute is carefully evaluated within its specific circumstances and that the burden of proof is correctly fulfilled.

Frequently Asked Questions

Gemi adamı maaşı ödenmezse sözleşmesini hemen feshedebilir mi?

Evet. Ücretin hiç ödenmemesi, eksik ödenmesi veya sürekli geciktirilmesi, gemi adamına haklı nedenle derhal fesih hakkı verir. Bu kapsamda yalnızca ana maaş değil; fazla mesai, prim, ikramiye gibi tüm yan ödemeler de değerlendirilir.
Haklı fesih halinde gemi adamı:
Kıdem tazminatına hak kazanır
Ödenmeyen tüm ücret alacaklarını talep edebilir
Faiz ve yargılama giderlerini isteyebilir Yargıtay içtihatları bu konuda oldukça nettir ve ücret ihlali, en güçlü fesih sebeplerinden biri olarak kabul edilmektedir.

Belirli süreli gemi adamı sözleşmesi erken feshedilirse ne talep edilir?

İşveren tarafından haksız şekilde erken feshedilen belirli süreli sözleşmelerde gemi adamı: Bakiye süre ücreti (kalan sözleşme süresi maaşı) talep edebilir.
Ancak uygulamada mahkemeler: Gemi adamının çalışmadığı sürede yaptığı tasarrufları (yemek, yol vb.) %25–%35 civarında indirim yaparak hesaplama yapmaktadır. Bu hak, özellikle yabancı bayraklı gemilerde çalışan gemi adamları için oldukça kritik bir alacak kalemidir.

Gemi adamı fazla çalıştırılırsa veya görev dışı iş yaptırılırsa ne olur?

Bu durumda gemi adamının iki ayrı hakkı doğar:
1. Fazla mesai ücreti talebi
Fiili çalışma + bekleme süresi de çalışma sayılır
İşveren kayıt tutmak zorundadır
2. Ek iş ücreti talebi
Görev tanımı dışındaki işler ayrıca ücretlendirilir. Tanık dahil her türlü delille ispat mümkündür. Yargıtay, özellikle gemide geçirilen “hazır bekleme sürelerini” dahi çalışma süresi sayarak gemi adamı lehine geniş yorum yapmaktadır.

Why is Expert Legal Support Necessary?

Unlike traditional labor lawsuits, seafarer disputes involve:

Distinction between Maritime Labor Law / Turkish Code of Obligations

Difference between Turkish-flagged and foreign-flagged vessels

International conventions (ITF, MLC etc.)

Preliminary attachment and lien rights on the vessel

Receivable calculations based on foreign currency

It involves technical and critical elements such as the correct determination of the competent court. Therefore, incorrect handling of processes can lead to:

Loss of rights

Insufficient compensation

It can cause the case to be prolonged due to objections to jurisdiction. At this point, receiving support from an Istanbul maritime commercial law attorney is of great importance. Especially working with teams experienced in Tuzla lawyers and shipyard areas provides a significant advantage in seafarer disputes.

With the support of a seafarer lawyer:

Receivable items are fully determined

Foreign currency receivables are correctly calculated

Attachment/pledge procedures on the ship are quickly implemented

International rights (ITF, etc.) are effectively utilized. 2M Hukuk Avukatlık Ofisi, operating in Istanbul with an Istanbul lawyer staff, manages the process professionally with its specialized approach in maritime commercial law and seafarer disputes.