Introduction

This study analyzes, in light of judicial decisions, whether a seafarer has the right to claim the salaries they would have earned during the contract period if they are unable to start or cease work due to a reason beyond their control, such as an embargo, under a committed (fixed-term) service contract. Furthermore, the special and exceptional rights granted to seafarers within the framework of the Maritime Labor Law and relevant legislation have also been examined. The analysis reveals the impact on the outcome of factors such as the party terminating the contract, the grounds for termination, and the seafarer’s fault status.

The Party Terminating the Contract is Determinative: According to judicial decisions, the most important factor in claiming remaining term wages is who terminated the contract. When the seafarer terminates the contract themselves, they generally cannot claim remaining term wages. However, in cases of unfair termination by the employer, this claim is usually accepted.

Fault Status Prevents Claiming Rights: If the seafarer is found at fault in an incident that prevents the ship from sailing or causes its detention, claims for wages and compensation arising from this situation are rejected. The Supreme Court adopts the principle that “in law, no one can claim a right in their own favor due to a situation arising from their own fault”.

Application of “Equity and Fairness” in External Factors such as Embargoes: In embargo-like situations, such as the detention of a ship in port, the seafarer’s claim for remaining term wages for the period they were unable to work without fault is evaluated by the courts. In such cases, it has been observed that the Supreme Court (Court of Appeals) decides on payment by applying a certain reduction within the framework of “rules of equity and fairness” instead of full wages.

Determining the Applicable Law is Important: The flag of the vessel on which the seafarer is employed, whether Turkish or foreign, directly affects the law to be applied to the dispute (Maritime Labour Law No. 854 or Turkish Code of Obligations No. 6098) and the competent court (Labour Court or Civil/Commercial Court of First Instance). This distinction changes the scope of rights and the procedure for claims.

Special Termination Rights Granted to Seafarers in the Maritime Labour Law: The Maritime Labour Law includes exceptional provisions that allow seafarers to terminate the contract for a justified reason, such as non-payment of wages or the vessel being unable to sail for more than 30 days, and to claim certain rights like severance pay.

1. Termination of Contract and Remaining Term Wage

The fundamental principle in the reviewed decisions is the identity of the party terminating the contract. This was clearly stated in the decision of the 9th Civil Chamber of the Supreme Court, numbered 2025/94: “…given that the employment contract was terminated by the plaintiff employee, the plaintiff’s claims for compensation in the amount of the remaining term wage under Article 438 of Law No. 6098 and unfair termination compensation should have been rejected…” This decision clearly states that if the seafarer terminates the contract himself, he cannot claim wages for the remaining term. Conversely, there are numerous decisions stating that the seafarer is entitled to remaining term wages when the employer unfairly terminates the contract before its term (e.g., Istanbul Regional Court of Justice 13th Civil Chamber, 2019/1901 E. – 2021/1286 K.).

2. Embargo-like Situations and the Impact of Fault

The scenario closest to the user’s question involves situations where the ship’s departure for a voyage is prevented. At this point, two significant rulings stand out:

The decision numbered 2015/53 E. – 2019/132 K. of the Istanbul 17th Civil Court of Commerce addressed the detention of the ship in the USA due to marine pollution. The court ruled that the seafarer was at fault for the occurrence of this incident and therefore rejected the wage claim. The following statement in the decision summarizes the courts’ perspective:”…since no one in law can claim a right in their favor due to a situation arising from their own fault, it was concluded that the plaintiff cannot make any claim based on the consequences of the marine pollution incident caused by their own fault, and in light of this conclusion, it was necessary to rule for the dismissal of the case.”

The decision numbered 2012/3064 E. – 2013/3367 K. of the 11th Civil Chamber of the Court of Appeals on the other hand, examined the claim for the remaining wage for the period during which the seafarer could not work without fault, in the event that the ship was seized in port and prevented from departing for a voyage. The Court of Appeals, in this case, ruled for the payment of a reduced amount, not the entire remaining wage, “considering the rules of equity and fairness.”

When these two decisions are evaluated together, it is understood that in situations where a seafarer cannot work due to an external reason like an embargo, if the seafarer is not at fault in the incident, there is a possibility to claim a remaining period wage commensurate with equity, but if they are at fault, they cannot claim any rights.

3. Other Exceptional Rights Granted to Seafarers

Court decisions indicate that Maritime Labour Law No. 854 provides certain special protections for seafarers. Some of these are:

Right to Terminate in Case of Non-Payment of Wages: Non-payment of wages according to law or contract provisions grants the seafarer the right to immediately terminate the contract (Maritime Labour Law Art. 14/II-a). In this case, the seafarer may also be entitled to severance pay (9th Civil Chamber of the Court of Cassation, 2016/20894 E. – 2020/8119 K.).

Vessel Being Taken Out of Service: If the vessel becomes unable to sail for any reason for more than 30 days, it grants both the employer and the seafarer the right to terminate the contract (Maritime Labour Law Art. 14/III-b). This provision may provide a legal basis for a seafarer to terminate the contract in a long-term embargo situation.

Maritime Lien Right: Seafarers’ wages and other claims are considered “maritime liens” by law, and these claims create a statutory lien right on the vessel. This is an important guarantee that allows the seafarer to collect their claims with priority over other creditors (İzmir Regional Court of Justice 17th Civil Chamber, 2022/1124 E. – 2022/1155 K.).

Conclusion

In light of existing court decisions, it is quite difficult for a seafarer to claim their wages (remaining term salary) for the contract duration if they leave their committed contract before it starts due to an embargo. This is because, as a rule, an employee who terminates the contract themselves is not entitled to the remaining term salary.

However, there are exceptions to this situation. If the embargo situation arose as a result of an act or omission by the employer, or if the employer cannot fulfill their obligations towards the seafarer (e.g., commencing employment) during this process, the seafarer’s situation may be evaluated as “employer’s default” or “termination for just cause.” In cases where the seafarer has no fault in the incident and the ship’s departure has become impossible, there is a possibility for the Supreme Court to rule for a partial payment in accordance with the principle of “equity and fairness.”

Consequently, the success of a seafarer’s case making such a claim will depend on proving in detail the reasons for the embargo, the seafarer’s fault status in the incident, whether the contract has been rendered actually impossible by the employer, and the provisions of the applicable law (Maritime Labor Law or Code of Obligations). A suggested article.

Why is Expert Lawyer Support Necessary?

Seafarers’ committed service contracts are subject to special regulations within the framework of the Maritime Labor Law and the Turkish Code of Obligations. Protecting rights that arise in situations such as embargoes, voyage cancellations, or the employer failing to fulfill their obligations requires technical knowledge and experience. Legal processes can be complex, especially regarding issues such as remaining contract period wages, severance pay, maritime claims, and statutory lien rights on vessels. Therefore, it is crucial for individuals living in regions such as Istanbul, Tuzla, Pendik, Maltepe, Tepeören, Gebze, and Çayırova to work with a lawyer specializing in this field. Legal support prevents loss of rights during the preparation of lawsuits, collection of evidence, enforcement proceedings, and follow-up of compensation claims. Professional legal assistance ensures the proper management of disputes covered by both labor law and maritime law.