Introduction

This report examines, within the framework of the provided literature analyses, the rights of a seafarer in cases where fundamental terms such as position, salary, job description, working and resting hours, specified in the seafarer’s employment contract, are violated by the employer. The analyses demonstrate that the fundamental basis of a seafarer’s rights is Maritime Labour Law No. 854 (DİK), and particularly, Article 14 of the Law grants the seafarer the possibility to terminate the contract for just cause. The conditions and consequences of termination, the compensation and other claims a seafarer may be entitled to, will be discussed in light of different perspectives and important details in the literature.

Main Findings and Analysis

1. Violation of Contract Terms and the Right to Terminate for Just Cause

The literature emphasizes that the employer or the employer’s representative acting contrary to the law, the service contract, or other working conditions constitutes a fundamental just cause for termination for the seafarer. This right is regulated in Article 14/II of the DİK.

• General Rule: A seafarer’s right to terminate is not limited solely to violations of law. Aylin Demir (2022) summarizes the three situations in which a seafarer has the right to immediate termination as “the seafarer’s wage not being paid in a legally compliant manner, the employer or their representative failing to comply with working conditions, and engaging in acts contrary to maritime rules, customs, and ethics.” Similarly, İdil Kuzu (2022) states the scope of this right as follows: “The seafarer’s employment contract can be terminated for just cause not only in cases of violation of law but also in cases of acting contrary to employment contracts and other work and working conditions.”
• Non-Exhaustive List of Termination Grounds: The termination grounds listed in the DİK (Maritime Labor Law) are not limited (numerus clausus). Due to the specific nature of the maritime profession, valid grounds for termination may vary depending on each concrete case. İdil Kuzu (2022) explains this situation by stating, “since the provisions of the Turkish Commercial Code and maritime rules and customs are applied in maritime affairs, it is not possible to list the valid reasons for termination as a limited number.”

2. Non-Payment of Wages and Other Financial Rights

The non-payment of wages in accordance with the law or contract provisions is the most frequently emphasized and clearest valid ground for termination in the literature.

• Scope of Wages: Alper Çekmeceligil (2022) states that, in accordance with DİK art. 14/IIa, the right to terminate does not only cover the basic wage, but also grants the seafarer the right to terminate for just cause “in cases where payments such as bonuses, premiums, overtime, weekly rest, and public holidays are not made.” İdil Kuzu (2022) also supports this view, stating, “non-payment of entitlements such as overtime, weekly rest, and public holidays can also be considered a valid ground for termination by the seafarer.” Muharrem Çetiner (2023) also confirms that insufficient payment of overtime wages falls within this scope.

3. Substantial Change in Working Conditions and Violation of Job Description

Unilateral and adverse changes made by the employer to essential elements of the contract, such as the seafarer’s position or job description, are considered valid grounds for termination.

• Examples and Application: İdil Kuzu (2022) explains this situation with concrete examples: “Changes made unilaterally by the employer or the employer’s representative to working conditions that worsen the seafarer’s situation constitute a just cause for termination. For example, changing the seafarer’s duty station constitutes a fundamental change in working conditions and gives the seafarer the right to terminate the employment contract for just cause.” The author emphasizes that forcing a captain to work as a cabin steward by an arbitrary instruction would be a clear just cause for termination under Article 14/II-b of the Maritime Labor Law (DİK).

4. Violation of Occupational Health and Safety Obligations

The employer’s failure to take occupational health and safety measures also grants the seafarer the right to terminate the contract. Although this right is generally regulated in Article 13 of the Occupational Health and Safety Law (İSGK), special provisions in the Maritime Labor Law (DİK) apply to seafarers.

• Special Regulation: Mustafa Kağan İzmirli (2021) states that Article 13/4 of the OHS Law refers to the specific legislation for employees subject to special laws, asserting that “According to Article 14/II-b of the Maritime Labor Law, an employment contract, whether for a definite or indefinite period, or for a voyage, ‘may be terminated by the seafarer for just cause if the employer or the employer’s representative acts contrary to the law, employment contracts, or other working conditions.’ In this case, the seafarer may terminate the contract as long as the danger persists, or within six working days after the danger ceases, or in any event, within one year from the emergence of the danger.

Consequences of Termination and Seafarer’s Entitlement Rights

The termination of the contract by the seafarer for just cause gives the seafarer the opportunity to claim various financial entitlements.

• Severance Pay: A seafarer who terminates their contract for reasons specified in DİK Article 14/II and III is entitled to severance pay. Salih Güney (2021) clearly establishes this connection: “According to paragraph II of the article, if the wages are not paid properly, or if the employer or the employer’s representative offers the seafarer working conditions contrary to law or the employment contract, or acts contrary to maritime customs, morals, and decency, the seafarer will be able to justly terminate their employment contract. In this case, the seafarer will acquire the right to claim severance pay in accordance with Article 20 of this law.” Recep Dursunoğlulları (2023) also confirms this right by referring to the same articles.
• Other Receivables: In addition to severance pay, the seafarer can also claim all other unpaid entitlements. Yavuz Can Aslan (2024) lists the scope of a seafarer’s receivables as “all kinds of claims such as monthly wages, overtime pay, severance pay, notice pay, tips, bonuses, annual leave pay, weekly rest pay, and repatriation expenses.” These claims are secured under the right of a ship creditor.
• Bad Faith and Moral Compensation: Additional compensation may also arise depending on the conditions of termination. Cumhur Dorukhan Eroğlu (2022) draws attention to bad faith compensation by recalling the provision in DİK Article 16/D, which states: “In cases where a seafarer is dismissed from their job for reasons such as joining a union or filing a complaint, and in other situations generally indicating an abuse of the right to terminate the service contract, compensation equal to three times the wages for the notice periods specified in clause B shall be paid.” Furthermore, Zeki Onat (2018) states that if the termination harms the seafarer’s personal rights, moral damages can be claimed in accordance with Article 58 of the Turkish Code of Obligations.

An Important Detail: Absence of the Right to Reinstatement

An important point highlighted in the literature is that seafarers subject to the Maritime Labor Law cannot benefit from job security provisions. Muharrem Çetiner (2023) clearly states this: “It should also be noted that in case of contract termination, it is not possible for a seafarer to file a lawsuit for reinstatement. This is because job security is not regulated in the Maritime Labor Law.”

Conclusion

The presented literature analyses reveal that in the event of the employer violating the fundamental terms of the service contract (such as wage, position, job description, working conditions, etc.), the seafarer’s most fundamental right is to immediately terminate the contract for just cause, in accordance with Article 14 of the Maritime Labor Law. This termination grants the seafarer the opportunity to claim all their financial rights, including unpaid wages, overtime, bonuses, and especially severance pay. The grounds for termination are not restrictively enumerated in the law and are broadly interpreted within the framework of maritime customs and practices and the principle of good faith. However, it should be remembered that, unlike general labor law, seafarers do not have the right to file a lawsuit for reinstatement.