How Many Weekly Rest Days Does a Seafarer Get Per Week? — 2M Law Firm

The right to rest in the working arrangement on board is of critical importance for the seafarer’s health and safe navigation. Maritime Labor Law No. 854 establishes clear rules for weekly rest and prevents this right from being circumvented by monetary conversion.

Short Answer

A seafarer who completes their weekly working hours takes their weekly rest on the remaining days of the week. On port and city line vessels, a seafarer cannot be employed for more than 6 days a week (Maritime Labor Law art. 41). If employed on a rest day, compensatory leave is granted on another day of the week.

The Essence of the Right to Weekly Rest

A seafarer who completes their weekly working hours (as a rule, 48 hours) is entitled to weekly rest on the remaining days of the week. Weekly rest is not merely a day off; it is a mandatory right that protects the seafarer’s physical and mental health and is essential for safe navigation. Specifically, on port service and city line vessels, it is forbidden to employ a seafarer for more than 6 days a week.

What Happens If Employed on a Weekly Rest Day?

A seafarer employed on a weekly rest day is granted compensatory leave on another day of the week. The leave granted in this manner replaces the weekly rest day. In other words, the seafarer’s right to rest is not completely abolished; it is merely shifted to another day. This regulation strikes a balance between the continuous nature of maritime work and the seafarer’s right to rest.

Note: If a seafarer actually works on their weekly rest day, their wage rights accrue separately; granting leave on a rotational basis may not always cover the wage rights for the holiday worked. We also address this topic in our article titled “How much more does a seafarer working on their weekly rest day earn?”.

The Importance of Records

Whether the weekly rest day was granted, whether leave was given on a rotational basis, and whether work was performed on the holiday, are determined through work records in case of a dispute. Therefore, accurate record-keeping of working and rest periods is crucial for any future claims. Our article Seafarer Claims (Seafarer Claims) complements this framework.

Application of Weekly Rest at Sea

Seafarers working in port services and city lines are granted one day of weekly rest; this holiday, following six days of work, may not always fall on the same day due to the nature of maritime work. In cases where the voyage is continuous, the rest day can be taken on a rotational basis. What is important is that the seafarer’s weekly rest right is actually provided.

Proof in Disputes: Which Documents Are Important?

In disputes concerning seafarers’ claims and rights, the burden of proof is often decisive. To determine whether the weekly rest day was granted, watch/leave schedules, ship’s logbook, and timekeeping records are taken as a basis. Obtaining and retaining these documents in advance prevents loss of rights in a potential future dispute. In cases where documents are not available, corroborating evidence such as witness statements, ship navigation records, and port entry-exit data are evaluated together.

Period of Forfeiture and Statute of Limitations

As a rule, a seafarer’s receivables such as wages, overtime, weekly rest, and annual leave pay are subject to a five-year statute of limitations. For severance pay and notice pay, the current regulation also stipulates a five-year statute of limitations period. Since the limitation periods and their commencement dates can vary depending on the specific case, it is important to assert the claim without delay to prevent the receivable from becoming time-barred. The periods must be confirmed through current legislation and UYAP before litigation/application.

Legal Basis

Maritime Labor Law No. 854, Art. 41 (Weekly rest).

Article numbers have been verified from the official full text of Law No. 854; and must be confirmed via mevzuat.gov.tr and UYAP.

Our Related Articles (Maritime Commercial Law)

Frequently Asked Questions (FAQ)

Q: How many days off does a seafarer get per week?

A: A seafarer who completes their weekly working hours takes weekly rest on the remaining days of the week. On port and city line vessels, working more than 6 days a week is prohibited.

Q: What is the limit on port and city line vessels?

A: Seamen on these vessels cannot be made to work more than 6 days a week. This is a mandatory limit that guarantees the right to rest.

Q: What is given to a seaman who works on a weekly rest day?

A: A compensatory day off is given on another day of the week, and this day off replaces the weekly rest day. Thus, the right to rest is not eliminated but shifted to another day.

Q: Does a compensatory day off replace the weekly rest day?

A: Yes. A day off given on another day of the week replaces the weekly rest day. However, if work was actually performed on the rest day, additional rights regarding remuneration may arise.

Q: In which article is the weekly rest day regulated?

A: The weekly rest day is regulated in Article 41 of the Maritime Labour Law No. 854, and weekly rest day remuneration is regulated in Article 42.

Q: Does the weekly rest day always fall on the same day?

A: No. Due to the nature of maritime work, the rest day may fall on different days and can be used on a rotating basis during voyages; what is important is that weekly rest is actually provided.

Why is Expert Lawyer Support Necessary?

Maritime Labour Law No. 854 contains unique rules that differ from the general Labour Law No. 4857 regarding seamen’s working hours, overtime, weekly rest, annual leave, severance and notice pay, and termination procedures. Situations such as the vessel being on a voyage, the wages 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 within the statutory period.

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

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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; it does not constitute legal advice in a specific dispute.