Introduction

This article analyzes the legal remedies that seafarers can resort to in cases where their wages are not paid on time, are underpaid, or are not paid at all, in light of the Supreme Court and Regional Courts of Justice decisions presented. Examinations show that seafarers possess special rights and guarantees specific to both general labor law and maritime law. The article reveals critical details such as the methods of exercising these rights, procedural processes, and the competent court.

1. Termination of Employment Contract for Just Cause

Court decisions recognize the untimely or incomplete payment of wages as a just cause for termination for the seafarer. In the decision of the 9th Civil Chamber of the Supreme Court, numbered 2022/6018 E., this situation is “The failure to pay employee wages fully and on time provides the employee with a just cause for termination within the scope of Article 14/II-a of the Maritime Labor Law No. 854.“ expressly stated.

This right applies not only to the basic salary but to all payments considered wages in a broad sense. As stated in the same decision, “Failure to pay entitlements such as bonuses, premiums, fuel assistance, clothing assistance, overtime, weekly rest, and public holidays also gives the employee the right to terminate the contract for just cause.”

A seafarer who terminates their employment contract based on this just cause is entitled to severance pay (Supreme Court 7th Civil Chamber, 2013/2307 E.). After termination, the path to filing a lawsuit for the collection of unpaid wages and other labor receivables such as severance pay is open (Supreme Court 9th Civil Chamber, 2014/17884 E.; Supreme Court 22nd Civil Chamber, 2013/27344 E.).

2. Collection of Receivables Through Lawsuit and Enforcement

Seafarers can resort to various legal avenues for their unpaid wages:

Enforcement Proceedings and Annulment of Objection Lawsuit: One of the most frequently resorted methods is to initiate enforcement proceedings without a judgment for the collection of the receivable. It is observed in numerous decisions that seafarers resort to this method (Supreme Court 11th Civil Chamber, 2014/5892 E.; Supreme Court 9th Civil Chamber, 2011/37002 E.). If the employer objects to the proceedings, the seafarer must ensure the continuation of the proceedings by filing a lawsuit for the annulment of the objection. This lawsuit aims to prove the existence of the receivable.

Direct Debt/Receivable Lawsuit: A seafarer can also pursue their rights by directly filing a debt/receivable lawsuit in the competent court without initiating enforcement proceedings (Supreme Court 7th Civil Chamber, 2013/6772 E.; Supreme Court 11th Civil Chamber, 2021/8532 E.). In these lawsuits, in addition to unpaid wages, additional expenses such as notary warning costs can also be claimed.

Mandatory Mediation: According to current legislation, seeking mediation before filing a lawsuit concerning employee receivables is a precondition for litigation. In the decision numbered 2023/15527 E. of the 9th Civil Chamber of the Court of Cassation, this matter was emphasized as follows: “seeking mediation is a precondition for litigation in cases filed regarding employee or employer receivables and compensation, as well as demands for reemployment.”

3. Guarantees Specific to Maritime Law

Seafarers’ claims have special and strong guarantees stemming from maritime law:

Statutory Lien on the Vessel: As stated in the decision numbered 2017/2516 E. of the General Assembly of Civil Chambers of the Court of Cassation, “a maritime claim grants its owner a statutory lien on the vessel and its appurtenances.” This right provides the seafarer with the possibility to collect their claim directly from the vessel itself. Based on this right, “enforcement proceedings by way of foreclosure of mortgage” can be initiated. This right can be asserted against the new owner even if the ownership of the vessel changes (Court of Cassation 11th Civil Chamber, 2012/63 E.).

Maritime Claim and Provisional Attachment of the Vessel: A seafarer’s wage claim constitutes a “maritime claim” under the Turkish Commercial Code. In the decision numbered 2020/1498 E. of the 43rd Civil Chamber of the Istanbul Regional Court of Justice, this situation is stated as, “claims relating to wages payable to seafarers due to their work on board the vessel, and other amounts owed to them, confer a maritime claim right” . A claim being a maritime claim grants the creditor the right to demand “provisional attachment,” which means the detention of the vessel. This is an extremely effective way to compel the employer to make payment.

4. Issue of Competent Court

Correct identification of the competent court in resolving a dispute is vital to prevent the case from being dismissed on procedural grounds. Judicial decisions make clear distinctions on this matter:

Labor Courts: In cases arising from service contracts of seafarers working on vessels falling under the scope of Maritime Labor Law No. 854, i.e., “vessels flying the Turkish flag and having a gross tonnage of one hundred tons or more,” the competent court is the Labor Court (Court of Appeals General Assembly of Civil Chambers, 2017/2516 E.; 9th Civil Chamber of the Court of Appeals, 2014/19326 E.).

General Courts (Civil Courts of First Instance/Commercial Courts) and Maritime Specialised Courts: If the vessel flies a foreign flag or is below the tonnage required by the Maritime Labor Law, the dispute is subject to general provisions (Turkish Code of Obligations). In this case, the competent court may be the Civil Court of First Instance, Commercial Court of First Instance, or Maritime Specialised Court, depending on the nature of the dispute (20th Civil Chamber of the Court of Appeals, 2016/2518 E.; 11th Civil Chamber of the Court of Appeals, 2008/5879 E.).

Conclusion

Court decisions provide extensive and layered legal protection to seafarers whose wages are unpaid. Depending on the nature of the situation, the seafarer may;

terminate the employment contract for just cause and claim severance pay and other receivables,

initiate direct enforcement proceedings or file a lawsuit for receivables,

utilize the special rights provided by maritime law to exercise a statutory lien on the ship or demand its preliminary attachment.

For the success of the legal path to be followed, it is critically important to complete the mandatory mediation process before filing a lawsuit and to correctly identify the competent court, especially considering features such as the ship’s flag and tonnage. A suggested article.

Why is Expert Legal Support Necessary?

Seafarers’ wage receivables are subject to special rules under both labor law and maritime commercial law. However, the process involves complex procedures requiring technical knowledge. Filing a lawsuit in the wrong court, incomplete execution of the mediation process, or procedural errors in enforcement proceedings can lead to loss of rights.

Therefore, obtaining expert lawyer support is of great importance to protect the rights of seafarers and collect their receivables as quickly as possible. Especially Istanbul, being the center of the maritime sector, has numerous shipyards, ship operators, and maritime companies operating in regions such as Tuzla, Pendik, and Gebze. For seafarers working in these regions, filing a lawsuit, initiating enforcement proceedings, or requesting the provisional attachment of a ship through an experienced lawyer provides a much more effective and secure process.

Expert lawyer support ensures both the acceleration of the process and the full protection of the seafarer’s rights against the employer.