How Many Multiples of Compensation Are Paid to a Seafarer in Bad Faith Termination? — 2M Law Firm

The employer’s abuse of the right to terminate is legally subject to sanction. In case of bad faith termination, increased compensation is provided for the seafarer.

Short Answer

If it is determined that the seafarer’s employment contract was terminated in bad faith by the employer, compensation amounting to 3 times the wage corresponding to the notice periods (Art. 16/B) shall be awarded. (The MLSS FAQ briefly refers to this as ‘3 times the wage.’)

What is the Bad Faith Compensation 3 Times Of?

Article 16 of the Maritime Labor Law also sanctions the employer’s abuse of the right to terminate. In cases where a seafarer is dismissed for reasons such as being a union member, filing a complaint, and generally where the right to terminate is abused; compensation amounting to 3 times the wage corresponding to the notice periods specified in Art. 16/B shall be paid. That is, what is taken as a basis is not simply the ‘monthly wage’, but the wage for the notice (notification) period determined according to the seafarer’s seniority.

Important Distinction: In the MLSS FAQ, this compensation is briefly referred to as ‘3 times the wage’; however, the principle in the law is 3 times the wage for the notice period. Since notice periods vary between 2–8 weeks depending on the seafarer’s length of service, the compensation amount also varies according to seniority.

Malicious intent compensation is a separate item from severance and notice pay and can be claimed in addition to these if the conditions are met. Expert support is crucial for correctly establishing the nature of the termination.

Calculation of Malicious Intent Compensation (Example)

Malicious intent compensation is not based on the bare monthly wage; it is three times the wage corresponding to the notice period (ihbar öneli) determined according to the seafarer’s seniority. Notice periods vary between 2 and 8 weeks depending on seniority. For example, for a seafarer whose notice period is 6 weeks, malicious intent compensation is calculated at three times the 6-week wage, i.e., at the level of 18 weeks’ wage. This amount is different from the simple phrase “three times the wage” and is often higher.

How Is Malicious Intent Proven?

Termination in bad faith arises in cases where a seafarer is penalized for reasons such as joining a union, asserting their rights, or making a complaint or notification. To prove such a motive, correspondence, witness statements, the timing of the termination, and the sequence of events are evaluated together. Establishing the motive forms the basis of the compensation.

Legal Basis

Maritime Labour Law No. 854, Art. 16 (malicious intent compensation).

The compensation is THREE TIMES the wage corresponding to the notice periods (2-4-6-8 weeks based on seniority) in Art. 16/B; ‘3 times the wage’ is a common abbreviation, but technically it is 3 times the wage for the notice period. Dismissal for reasons such as union membership or filing a complaint is a typical example.

Article numbers have been verified from the official full text of Law No. 854; mevzuat.gov.tr

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Frequently Asked Questions (FAQ)

Q: How many times the compensation is awarded in bad faith termination?

A: Compensation is awarded in the amount of 3 times the wage corresponding to the notice periods specified in Article 16/B. (The Ministry of Labour and Social Security (CSGB) FAQ refers to this simply as ‘3 times the wage’.)

Q: What is taken as the basis for the 3x multiplier?

A: Not the bare monthly wage, but 3 times the wage for the notice period (notification) determined according to the seafarer’s seniority.

Q: Is this compensation separate from seniority?

A: Yes. Bad faith compensation is a separate item from seniority and notice compensation.

Q: Can it be claimed additionally?

A: When the conditions are met, it can be claimed in addition to other compensations.

Q: What is the compensation three times of?

A: Not the bare wage; it is three times the wage for the notice period (notification) determined according to seniority. Notice periods vary between 2–8 weeks.

Why is Expert Legal Counsel Needed?

Maritime Labour Law No. 854 contains specific rules that differ from the general Labour Law No. 4857 regarding seafarers’ working hours, overtime, weekly rest, annual leave, severance and notice pay, and termination procedures. Situations such as the ship 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 categorizing the claim and demanding it on time.

2M Law Firm offers end-to-end legal support concerning maritime labor law and seafarer claims, from wage and overtime claims to severance/notice pay, and when necessary, securing the claim through ship 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; it does not constitute legal advice in a specific dispute.