How many days does a seafarer earn annual paid leave, and how long is the leave? — 2M Law Office

Annual paid leave is fundamental to a seafarer’s right to rest and is regulated by Law No. 854 on Maritime Labour, with different thresholds and durations than the general Labour Law.

Short Answer

A seafarer who has worked for at least 6 months within a calendar year under the same employer or on the same ship is entitled to annual paid leave. The leave period cannot be less than 15 days for service between 6 months and 1 year, and not less than 1 month per year for 1 year or more of service (Maritime Labour Law art. 40).

Eligibility Threshold and Leave Duration

According to Article 40 of the Maritime Labour Law, a seafarer who has worked for at least six months within a calendar year based on one or more service contracts is entitled to annual paid leave. The leave duration is:

cannot be less than 15 days for those with service between six months and one year,

cannot be less than one month per year for those with one year or more of service.

Right to Leave Cannot Be Waived

The right to annual paid leave cannot be waived. One month of leave can be divided into two to be used within the same year with the consent of the parties. Furthermore, a seafarer cannot be forced to take their annual leave in a foreign port or a place other than where the service contract was made.

Important: If the seafarer’s employment contract is terminated according to paragraphs II, III and IV of Article 14 without them having used their entitled annual leave, the employer is obliged to pay the seafarer the remuneration for the leave period.

Leave pay and unused leave receivables are considered within the scope of seafarer claims; for details, please refer to our article Seafarer Claims.

⚓️ Legal Basis

Maritime Labour Law No. 854, Article 40 (Annual Paid Leave).

Article numbers have been verified from the official full text of Law No. 854; current legislation and case law should be confirmed via mevzuat.gov.tr and UYAP before publication/filing.

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Frequently Asked Questions (FAQ)

How many months must one work to be entitled to annual leave?

One must work at least 6 months with the same employer/on the same ship within one calendar year.

What is the duration of the leave?

At least 15 days for service between 6 months and 1 year; at least 1 month per year for service of 1 year or more.

Can the right to annual leave be waived?

No. The right to annual paid leave cannot be waived; a month’s leave can be split into two with the consent of the parties. Where can leave be taken?

A seafarer cannot be forced to take their leave in a foreign port or outside the place where the contract was made.

Why is Expert Legal Support Necessary?

Maritime Labor Law No. 854 contains specific rules that differ from the general Labor Law No. 4857 regarding seafarers’ working hours, overtime, weekly rest, annual leave, severance and notice pay, and termination procedures. Situations such as the vessel being on a voyage, the wage not being fixed, or the contract being made for a specific voyage can lead to loss of rights. Therefore, expert support is crucial for correctly classifying the receivable and claiming it within the legal period.

2M Law Office provides comprehensive legal support in maritime labor law and seafarer receivables, ranging from wage and overtime claims to severance/notice pay, and if necessary, securing receivables through maritime arrest, primarily in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze.

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Source and verification: T.R. Ministry of Labor and Social Security, Maritime Labor Law Frequently Asked Questions · Full text of Maritime Labor Law No. 854: mevzuat.gov.tr.

This content is for general informational purposes only; it does not constitute legal advice in specific disputes.