Can a Seafarer Going to Military Service Receive Severance Pay? — 2M Law Firm

Compulsory military service is a situation that requires the seafarer to leave their job against their will. The law protects the right to severance pay in such a case.

Short Answer

Yes. A seafarer who leaves their job due to compulsory military service is entitled to severance pay (Maritime Labour Law Art. 20).

Military Service Protects Severance Rights

According to Article 20 of the Maritime Labour Law, leaving employment due to compulsory military service is one of the situations entitling an employee to severance pay. A seafarer who has been working at a workplace for three years and will leave their job to go to military service can receive severance pay upon leaving for this reason.

ConditionHere, the minimum one-year service requirement is still valid for the right to severance pay to arise. Military service as a reason creates the right to severance pay when the service period requirement is met.

We address other relevant termination cases in our separate articles. For a general overview, you can refer to our article Seafarer Claims .

Maritime Labour Law No. 854, Article 20/I-3

«Cases entitling to severance pay: …3. In case of (leaving employment) due to compulsory military service, the seafarer is paid severance pay amounting to 30 days’ wages.»

The text of the article has been taken from the official text of Law No. 854; its current status should be confirmed via mevzuat.gov.tr and UYAP before specific application/publication.

Points to Consider in Termination Due to Military Service

A seafarer who terminates their employment contract due to compulsory military service is entitled to severance pay if other conditions are met. It is important here to document that the termination is genuinely based on military service; therefore, it is recommended that the military conscription/call-up document be presented to the employer upon departure, and the reason for termination be recorded in writing as military service.

Calculation of Seniority Period

Severance pay is calculated based on the full period actually worked before military service. If the employee returns to the same employer after military service, it should be remembered that special rules regarding seniority periods may come into play, and the situation should be evaluated concretely.

Collection of Receivables: Mediation and Litigation

For claims and compensation demands arising from employer-employee relations, recourse to a mediator is a prerequisite for litigation before filing a lawsuit. Seafarer claims are also evaluated within this scope; if an agreement cannot be reached during the mediation phase, a lawsuit can be filed in the labor court with the final report. To secure the receivable, it is also possible to pursue provisional attachment of the ship while the ship is in Turkish ports. This secures the collection of receivables, especially for foreign-flagged ships or ships at risk of changing hands.

Legal Basis

Maritime Labor Law No. 854, art. 20/I-3 (compulsory military service).

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

Our Related Articles (2M Law — Maritime Commercial Law)

Frequently Asked Questions (FAQ)

Q: Does a seafarer who goes to the military receive severance pay?

A: Yes. A seafarer who leaves due to active military service is entitled to severance pay.

Q: Which article regulates this?

A: Article 20 of Maritime Labor Law No. 854.

Q: Is a minimum service period required?

A: Yes. The condition of at least one year of service is still valid for severance pay entitlement.

Q: Which military service is the cause?

A: Leaving due to active military service gives rise to severance pay entitlement.

Q: What document is required for military service?

A: To document that the termination is based on military service, it is recommended to submit the military call-up/conscription document to the employer and to record the reason for termination in writing.

Why is Expert Lawyer Support Necessary?

Maritime Labor Law No. 854 contains specific rules that differ from the general Labor 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 on 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 the correct classification of the claim and its timely demand.

2M Hukuk Law Office, provides end-to-end legal support, primarily in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze, concerning maritime labor law and seafarer claims; from wage and overtime claims to severance/notice pay, and even securing claims through ship arrest when necessary.

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