Introduction

This report examines the rights of seafarers in cases of abandonment by their employer, particularly situations involving unpaid wages and denial of permission for personnel to disembark, and how these rights can be claimed, in light of the provided literature paragraphs. The report addresses the definition of abandonment, the rights arising in such a situation, the responsible parties, and the relationship between national legislation and international conventions.

Key Findings

1. Cases Where a Seafarer is Considered Abandoned

The literature clearly defines the circumstances under which a seafarer is considered abandoned, based on international conventions. Under the Maritime Labour Convention (MLC 2006), a seafarer is considered abandoned and financial security systems are activated if one of three fundamental situations exists. İdil Kuzu (2022) lists these situations as follows:

• Non-payment of repatriation costs: The employer’s failure to pay the necessary expenses for the seafarer’s return to their home country.
• Failure to provide necessary maintenance and support: Leaving the seafarer without meeting their basic living needs. This situation is detailed as “sufficient food, accommodation, drinking water, fuel necessary to survive on board, and necessary medical care.” A vessel moored in port but not allowing personnel to disembark and failing to meet their basic needs falls under this scope.
• Unilateral severance of the connection with the employer: This situation also includes, in particular, the “non-payment of at least two months’ wages to the seafarer.”

İdil Kuzu (2022) summarizes this situation as follows: “Standard A2.5.2 f.2 specifies the circumstances under which a seafarer shall be considered abandoned. If one of the three possibilities mentioned in the said paragraph occurs, the seafarer will be considered abandoned, and the financial security system will be activated. The first of these possibilities is the non-payment of the seafarer’s repatriation costs. The other possibility is that the seafarer has been left without providing necessary maintenance and support… The final possibility for a seafarer to be considered abandoned is the unilateral severance of ties with the seafarer, including the non-payment of at least two months’ wages.”

2. Rights and Claims of a Seafarer in Case of Abandonment

The fundamental rights a seafarer has in case of abandonment or similar serious violations are as follows:

• Right to Repatriation: This is one of the most fundamental principles of maritime labor law. If the employment contract ends abroad, the employer has an obligation to repatriate the seafarer to the vessel’s home port or another location specified in the contract. Kaan Erdi (2023), referring to Article 21 of the Maritime Labor Law (DİK), emphasizes this obligation: “…the employer or employer’s representative is obliged to repatriate the seafarer to the vessel’s home port and to cover or pay for the travel, subsistence, and necessary expenses related to the seafarer’s repatriation and appropriate to their situation.” If the employer fails to comply with this obligation, the seafarer gains additional rights. According to DİK Article 24, the seafarer “may demand from the employer or employer’s representative travel, subsistence, and other expenses appropriate to their situation incurred for returning home, as well as compensation equivalent to 15 days’ wages” (Kuzu, 2022).
• Right to Terminate Employment Contract for Just Cause: Non-payment of wages on time grants the seafarer the right to immediately terminate the employment contract for just cause. Recep Dursunoğlulları (2023) confirms this right based on Article 14/II of the DİK: “In cases where the wage is not paid according to the provisions of the law or the service contract… the seafarer will be entitled to severance pay.” Similarly, poor working conditions can also constitute a just cause for termination (Kuzu, 2022).
• Claim for Severance Pay: The termination of an employment contract by the seafarer for a just cause, such as non-payment of wages, gives rise to the right to severance pay. Elif Tuba Karabağ Türegün (2024) explicitly states this situation: “…if the seafarer terminates the employment contract due to any of the cases such as non-payment of their wages… they will be entitled to compensation.”
• Right to Refuse Work: It is accepted in the literature that a seafarer whose wages are not paid has the right to refuse to work, even when the ship is underway. This situation is subject to a different assessment than that for airline employees due to the longer duration of sea voyages. Bülent Ferat İşçi (2022) states on this matter, “sea voyages take much longer than aircraft flights. In this respect, it is not an acceptable situation for a worker on board to continue working without receiving their wages for a relatively longer period. Therefore, it should be stated that seafarers, as a rule, have the right to refuse work when the ship is at sea.”
• Claim for Maintenance and Support: In the event of abandonment, the seafarer’s basic needs such as adequate food, water, accommodation, and medical care must be met. This is both a requirement of international conventions and part of the employer’s duty of care towards the employee (Erdi, 2023).

Review and Responsibility

1. Responsible Parties

In cases of abandonment and related rights violations, the primary responsibility lies with the employer, the employer’s representative, or the captain. The Turkish Maritime Labour Law (DİK) holds these individuals responsible for repatriation and other expenses (Kuzu, 2022; Erdi, 2023). However, in international conventions, responsibility typically focuses on the “shipowner” (shipowner).

Furthermore, port states also have responsibilities. International conventions require contracting states to “facilitate the repatriation of seafarers working on ships… visiting their ports” (Kuzu, 2022). This means that a seafarer stranded in a foreign port can request assistance from local authorities.

2. Inconsistency Between National Legislation and International Conventions

There is a significant difference between the Turkish Maritime Labour Law and international conventions, particularly regarding who can be charged for repatriation expenses. According to Article 21/2 of the Turkish Maritime Labour Law (DİK), even if a seafarer terminates the contract for a valid reason, such as unpaid wages, the employer can subsequently claim the repatriation expenses from the seafarer within the country. This situation contradicts the standards of the International Labour Organization (ILO). İdil Kuzu (2022) highlights this contradiction:

“In the request directed to Turkey by the Committee of Experts on the Application of Conventions and Recommendations of the International Labour Organization in 2008 concerning the Convention, this provision in Article 21 of the Maritime Labour Law was emphasized, and Turkey was asked to take measures to ensure that expenses could only be recovered from the seafarer if the employment contract was terminated due to the seafarer’s serious violation of obligations arising from the employment relationship.”

This situation indicates that even when a seafarer is in the right, they may face the risk of covering repatriation costs, posing a practical problem.

3. Situations of Detention on Board and Lay-up

The mooring of a vessel in port while personnel are not allowed ashore has been cited by Ersan Karatekin (2019) as a problem creating “many specific adverse situations for seafarers.” If the vessel is taken out of service for any reason for more than 30 days, the employment contract is considered suspended according to Article 14/3 of the Maritime Labour Law (Aktaş, 2011). During this period, the seafarer’s right to basic maintenance and support continues. Furthermore, if the employer terminates the contract because the vessel remains out of service for more than 30 days, it entitles the seafarer to severance pay (Türegün, 2024).

Conclusion

According to the literature review, the abandonment of a seafarer is a serious violation of rights defined in international conventions and national law. Situations such as non-payment of wages for more than two months, cessation of basic living support, or failure to provide repatriation are considered “abandonment.”

In such cases, the seafarer:

• To request repatriation,
• To terminate the employment contract for just cause and claim severance pay,
• To refrain from working until wages are paid,
• To claim their expenses and additional compensation if the employer fails to fulfill their repatriation obligation.

The primary responsibility lies with the employer, employer’s representative, master, and shipowner. However, port states also have an obligation to facilitate the repatriation of seafarers. It should be noted that the provision of the Turkish Maritime Labour Law, which allows for the recovery of repatriation costs even in the event of a seafarer’s rightful termination, is incompatible with ILO standards and constitutes a legal risk.