Can a Seafarer Working Again at the Same Workplace Receive Severance Pay a Second Time? — 2M Law Office

Can a seafarer who previously received severance pay and started working again at the same workplace claim severance for the previous period a second time? The law sets a clear limit on this.

Short Answer

No. Severance pay or bonus is not paid more than once for the same period of seniority (Maritime Labour Law Art. 20).

No Double Payment for the Same Period

Article 20 of the Maritime Labour Law clearly states that severance pay and bonuses shall not be paid more than once for the same period of seniority. Therefore, a seafarer who received severance pay for their previous service, even if they continue to work again at the same workplace, cannot receive severance pay again for the period previously compensated.

Conclusion The right to seniority for the second period arises only based on the new period of employment and when its specific conditions are met. No re-payment is made for the previous, compensated period.

Correct calculation of the seniority period is especially important in intermittent employment. Seafarer’s seniority is calculated based on the periods worked on the same employer’s vessels, regardless of whether the contract was renewed intermittently; however, the compensated period is not counted again.

Seniority Is Paid Once for the Same Period

The period during which a seafarer has worked on vessels or at a workplace belonging to the same employer is considered as a whole for the calculation of severance pay; however, severance pay is not paid more than once for the same period of employment. If severance pay has been paid for a previous period, this period is deducted in subsequent calculations, and only the period elapsed thereafter is taken into account.

Consolidation of Intermittent Employment

In cases where a seafarer works intermittently for the same employer, whether the periods will be consolidated and the deduction of previously made payments are determined based on the specific case. This assessment must be carried out carefully to prevent both duplicate payments and loss of rights for the seafarer.

Legal Basis

Maritime Labor Law No. 854, Art. 20 (not paid more than once for the same seniority period).

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: Is seniority pay received a second time for the same period?

A: No. Severance pay or bonus is not paid more than once for the same seniority period.

Q: Does new severance pay accrue for the previous period?

A: No. Severance pay is not paid again for a period that has already been compensated.

Q: Is there a right to severance pay for the second period?

A: Yes, only based on the new period of employment and when its own conditions are met.

Q: How does intermittent employment affect severance pay?

A: Severance pay is calculated by considering the periods worked on the ships of the same employer; a compensated period is not counted again.

Q: If I have received severance pay before, will I receive it again?

A: Severance pay is not paid more than once for the same period of employment; the severance pay paid for the previous period is offset in the subsequent calculation.

Why is Expert Legal Support Necessary?

Maritime Labour Law No. 854 contains specific rules that differ from the general Labour Law No. 4857 regarding the seafarer’s working hours, overtime, weekly rest, annual leave, severance and notice pay, and termination procedures. Situations such as the ship being at sea, 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 the correct qualification of claims and for them to be claimed within the proper timeframe.

2M Law Office provides end-to-end legal support, particularly in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze, concerning maritime labor law and seafarers’ claims, ranging from wage and overtime claims to severance/notice pay, and when necessary, securing claims through provisional attachment of a ship.

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Source and verification: T.C. 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.