Introduction

This report has been prepared to analyze the rights of seafarers regarding working hours, rest periods, overtime, shifts, and mandatory duties, in light of the Supreme Court and Regional Courts of Justice decisions provided. The analysis includes the provisions of Maritime Labour Law No. 854 (DİK), as well as international regulations such as International Labour Organization (ILO) conventions and European Union directives frequently referenced by the Supreme Court. The report sets forth the legal framework of seafarers’ rights, practices shaped by Supreme Court precedents, and the fundamental principles in this area.

Note: Among the examined documents, there are also decisions belonging to different occupational groups such as firefighters, security guards, drivers, and forest workers, but this report has focused solely on decisions containing regulations specific to seafarers.

Key Findings

  1. Definition of Working Hours: A seafarer’s working hours are not the total time spent on board, but rather the actual “time spent working on duty and keeping watch” (Supreme Court 9th Civil Chamber, E. 2019/3063, K. 2021/3113). Time used freely for meals, sleep, and rest is not included in this period.
  2. Legal Working Hours: According to the DİK, the general working hours are “eight hours a day and forty-eight hours a week” (Supreme Court 9th Civil Chamber, E. 2017/17880, K. 2020/13718).
  3. Upper Limits Set by International Standards: The Supreme Court has established definitive limits on working and rest periods by referencing international agreements. Accordingly, “the maximum working period cannot exceed 14 hours in a 24-hour period, and 72 hours in a 7-day period. The rest period cannot be less than 10 hours in a 24-hour period, and 77 hours in a 7-day period” (Supreme Court 9th Civil Chamber, E. 2015/16318, K. 2017/18699).
  4. Overtime Entitlement: Work exceeding both 8 hours daily and 48 hours weekly is considered overtime. Exceeding the daily limit gives rise to overtime entitlement, even if the weekly limit has not been reached.
  5. Rest Period in 24-Hour Shifts: In work based on a 24-hour principle, it is accepted that a seafarer has the right to at least 10 hours of interim rest. The actual working period is considered to be 14 hours, and overtime is calculated based on this period (Supreme Court 9th Civil Chamber, E. 2022/7060, K. 2022/7799).
  6. Overtime Pay: According to the Maritime Labour Law (DİK), overtime pay is paid with a 25% increase. However, this rate can be increased through a Collective Bargaining Agreement (CBA) (e.g., 50%).
  7. Exceptions: Captains, as a rule, do not receive overtime pay according to the Maritime Labour Law (DİK); however, this right can be granted through a Collective Bargaining Agreement (CBA) (Supreme Court 9th Civil Chamber, E. 2011/27532, K. 2013/25072). Furthermore, compulsory work performed for the safety of the ship, persons, or cargo is not considered overtime (Supreme Court 9th Civil Chamber, E. 2009/43344, K. 2012/3135).
  8. Employer’s Obligations: The employer must post schedules showing working and resting hours on board the ship and record overtime hours “in a separate notarized ledger” (Court of Cassation 9th Civil Chamber, E. 2011/1051, K. 2013/15109).

Review and Analysis

1. Definition and Scope of Working Hours

As consistently emphasized in the decisions of the Court of Cassation, the working hours of a seafarer should not be confused with the total time spent on board the ship. The essential factor is the period during which the seafarer actually worked or kept watch under the employer’s command. In a decision by the 9th Civil Chamber of the Court of Cassation, this principle was clarified as, “The time to be considered for a seafarer’s normal or overtime work is not the time spent on the ship, but the time actually worked or on watch on board” (E. 2011/1051, K. 2013/15109).

Conversely, it has also been stated that merely being on standby for duty does not entitle one to overtime. In a decision, “Although the plaintiff, as a master seaman, must be ready to work 24 hours a day, the period during which they did not actually work cannot be counted towards the… period, therefore, there is no claim for overtime wages.” (Court of Cassation 9th Civil Chamber, E. 2022/7875, K. 2022/11093), thus emphasizing the importance of the actual work fact.

2. Right to Overtime and Its Calculation

Unlike the Labor Law, the Maritime Labor Law stipulates both daily and weekly limits for overtime. According to the established jurisprudence of the Court of Cassation, these two conditions are independent of each other. The 9th Civil Chamber of the Court of Cassation explained this situation as follows:

“If the seafarer’s daily working hours exceed 8 hours, it should be accepted that they worked overtime for that day, without needing to exceed the weekly working hours of 48 hours of normal working time.” (E. 2019/3063, K. 2021/3113).

The overtime pay rate is fundamentally increased by 25% according to DİK. However, as stated in a decision by the 22nd Civil Chamber of the Supreme Court, collective bargaining agreement (CBA) provisions may increase this rate, and in that case, the CBA provision applies (E. 2015/33399, K. 2015/35583).

3. Binding Nature of International Standards: Maximum Working and Minimum Rest Periods

Due to gaps in DİK regarding matters such as the annual overtime limit, the Supreme Court takes international regulations as precedent to protect the health and safety of seafarers. In many decisions, the following standards have been adopted by referencing ILO Convention No. 180 and related EU directives:

“the maximum working hours cannot exceed 14 hours in any 24-hour period, or 72 hours in any 7-day period. The rest period cannot be less than 10 hours in any 24-hour period, or less than 77 hours in any 7-day period.” (Yargıtay 9. HD, E. 2017/17880, K. 2020/13718).

This rule particularly limits contract provisions stating that “overtime pay is included in the basic wage.” While the Supreme Court accepts that such contract clauses are valid, it has ruled that work exceeding 72 hours per week must be paid separately in all circumstances (Yargıtay 7. HD, E. 2015/35365, K. 2016/15325).

4. Watches and 24-Hour Work System

The 24-hour shift system has been specifically addressed in Court of Cassation rulings. Courts, recognizing that an individual working continuously for 24 hours is contrary to the ordinary course of life, deduct a reasonable rest period from this duration. In recent decisions, in line with international standards, this rest period is accepted as a minimum of 10 hours.

“Within the framework of International Labour Organization Convention No. 180, European Union Directive No. 1999/63/EC, and Article 84 of the Seafarers’ Regulation, since the daily intermittent rest period cannot be less than 10 hours in continuous 24-hour work, it should be accepted that the intermittent rest period in the concrete case is also 10 hours” (Court of Cassation 9th Civil Chamber, E. 2022/7060, K. 2022/7799).

Accordingly, in a 24-hour shift, actual work is considered to be 14 hours. Since the daily legal limit is 8 hours, 6 hours of this work are considered overtime.

5. National Holiday and Public Holiday Rights

Seafarers’ rights regarding public holidays include a different and more favorable regulation than those for land-based workers. This special situation was explained as follows in a decision by the 7th Civil Chamber of the Court of Cassation:

“According to Article 43 of the Maritime Labour Law… regardless of the form of wage payment, a seafarer shall receive an additional wage for national holiday and public holiday days on which they did not work” (E. 2013/4619, K. 2013/12954).

This provision means that a seafarer working on a monthly salary will receive an additional daily wage for each holiday on which they did not work, even if the wage for that day has already been paid within their salary.

Conclusion

When judicial decisions are examined holistically, it is seen that seafarers’ working and rest rights are protected by a combination of the Maritime Labor Law no. 854 and international conventions. The Supreme Court fills gaps in national legislation with international standards that prioritize the seafarer’s health and safety.

In this context;

  • Working hours are determined based on actual work and shifts.
  • Overtime arises from exceeding both 8 hours daily and 48 hours weekly.
  • In 24-hour work periods, a minimum of 10 hours of rest is essential, and actual work is accepted as a maximum of 14 hours.
  • Weekly working hours cannot exceed 72 hours under any circumstances; the excess portion must be paid, regardless of what the contract states.
  • The employer’s obligation to transparently record working hours and overtime is critically important for proving rights.

These principles serve as a guide in disputes related to seafarers’ working conditions.