How Many Days’ Wages Can Be Deducted as a Penalty from a Seafarer’s Wage at Most? — 2M Law Office

An employer cannot make unlimited deductions from a seafarer’s wage on disciplinary grounds. The law sets a monthly upper limit for penalty deductions.

Short Answer

Deductions made by the employer as a penalty from the seafarer’s wage cannot exceed 3 days’ wages in a month.

Monthly Limit on Seafarer Penalty Deductions

According to the Maritime Labour Law, deductions made by the employer as a penalty from the seafarer’s wage cannot exceed the amount of 3 days’ wages in a month. This limit aims to prevent the excessive reduction of the seafarer’s wage through disciplinary penalties.

The purpose of the protective upper limit is to prevent the disproportionate use of disciplinary authority and to protect the seafarer’s minimum income security. Deductions exceeding the limit are unlawful.

Seafarer Wage Deductions Can Only Be Based on Specific Reasons

In addition to the monthly upper limit, there is a second condition: penalty deductions cannot be applied except for reasons specified in the collective bargaining agreement or service contract. Furthermore, the reason for the deduction must be communicated to the seafarer. In other words, the employer cannot make a penalty deduction from the wage for a reason not supported by the contract.

The nature of deductions made from wages (penalty, advance offset, compensation withholding) differs from each other and is evaluated separately. Unlawful deductions can be claimed as wage receivables.

Conditions Required for Deduction

For a penalty deduction to be valid, two fundamental conditions must be met concurrently: the deduction must not exceed 3 days’ wages in one month and must be based solely on reasons specified in the collective labor agreement or service contract. Furthermore, the seafarer must be notified of the deduction along with its reason. A deduction made for a reason not supported by the contract or without notification is unlawful.

Fate of the Deducted Amount (Example)

From a seafarer with a daily wage of 1,500 TL, a maximum of 3 × 1,500 = 4,500 TL can be deducted as a penalty in one month. The law stipulates that such deductions should not remain at the employer’s free disposal but should be used for specified purposes. Deductions exceeding this limit can be claimed by the seafarer as wage receivables.

Collection of Receivables: Mediation and Litigation

For claims and compensation demands arising from employer-employee relations, applying to a mediator is a prerequisite for litigation before filing a lawsuit. Seafarer’s receivables are also considered 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 it is in Turkish ports. This safeguards the collection of receivables, especially for foreign-flagged vessels or those at risk of changing ownership.

Legal Basis

Maritime Labor Law No. 854, Art. 38 (Wage deduction; maximum 3 days’ wages per month).

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

Our Related Articles (Maritime Commercial Law)

Frequently Asked Questions (FAQ)

Q: What is the maximum number of daily wages that can be deducted as a penalty?

A: It cannot exceed 3 daily wages in a month.

Q: What is the purpose of this limit?

A: To prevent the disproportionate use of disciplinary authority and to protect the seafarer’s income security.

Q: What happens to deductions exceeding the limit?

A: Deductions exceeding the limit are unlawful and can be claimed as an unfair deduction.

Q: Are the types of deductions the same?

A: No. Penalty deduction, advance offset, and compensation withholding are different items.

Q: On what grounds can a deduction be based?

C: Penalty deductions can only be based on reasons specified in the collective bargaining agreement or employment contract and must be notified to the seafarer along with the reason.

Why is Expert Lawyer Support Necessary?

Maritime Labor Law No. 854 contains unique 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 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 classification and timely claiming of receivables.

2M Law Firm, provides comprehensive legal support regarding maritime labor law and seafarer claims; from wage and overtime claims to severance/notice pay, and if necessary, up to securing the claim through ship arrest, primarily in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze.

2M Law Firm Istanbul Seafarer Lawyer Tuzla Seafarer Lawyer Istanbul Maritime Commercial Law Lawyer Tuzla Maritime Commercial Lawyer

Our Team & Contact →

Source and verification: Republic of Turkey Ministry of Labour and Social Security, Maritime Labour Law Frequently Asked Questions · Full text of Maritime Labour Law no. 854: mevzuat.gov.tr.

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