If a Seafarer Whose Wages Are Unpaid Resigns, Do They Receive Severance Pay? — 2M Law Firm

Resignation does not always mean loss of severance pay. If there is a just cause, such as unpaid wages, a seafarer may be entitled to severance pay even if they terminate the contract.

Short Answer

Yes. A seafarer whose wages are not paid by the employer is entitled to severance pay if they unilaterally terminate the employment contract (Maritime Labour Law Article 20 and Article 14/2).

Termination for Just Cause and Severance

According to Article 20 and the second paragraph of Article 14 of the Maritime Labour Law, severance pay is awarded in cases where the seafarer terminates the employment contract for just cause. Non-payment of wages is one of the situations that grants the seafarer the right to terminate for just cause.

Crucially, what is decisive here is not the title of “resignation” but the termination being based on a just cause. Since non-payment of wages constitutes a just cause, the right to severance arises even if the seafarer terminates [the contract].

Importance of Proof

It must be established that the wages were unpaid and that the termination was based on this reason. Wage records, warnings, and notifications are important at this point. Unpaid wages can also be secured through maritime provisional attachment.

Relevant Legal Text — Maritime Labour Law No. 854, Article 20/I-2 and 14/II

«Article 20 — Severance pay: …2. If terminated by the seafarer in accordance with subparagraphs II and III of Article 14 of this Law (for just cause)… severance pay shall be made. (Non-payment of wages is among the circumstances that give the seafarer the right to terminate for just cause.)»

The text of the article has been taken from the official text of Law No. 854; its current version before concrete application/publication is mevzuat.gov.tr

The Difference Between Termination for Just Cause and Resignation

The termination of an employment contract by a seafarer whose wages are unpaid is not a mere “resignation” in legal terms; it is a termination for just cause. This distinction is of critical importance: while severance pay generally does not arise from a simple resignation, in a termination for just cause due to non-payment of wages, the seafarer is entitled to severance pay. Therefore, it is vital that the reason for termination is clearly stated as “non-payment of wages” in the termination notice.

Suggestion for a Warning Notice Before Termination

In practice, sending a written (preferably notarized) warning notice to the employer before termination, requesting the payment of unpaid wages within a certain period, both documents the fact of non-payment and strengthens the grounds for termination for just cause. If payment is not made despite the warning, the claim for termination for just cause and related severance pay will be on solid ground.

Proof in Dispute: Which Documents are Important?

In disputes regarding seafarer claims and rights, the burden of proof is often decisive. In proving unpaid wages, bank records, payrolls, social security (SGK) statements, and notice letters and service documents come to the forefront. Obtaining and preserving these documents in advance prevents loss of rights in a dispute that may arise in the future. In cases where documents are unavailable, supplementary evidence such as witness statements, ship navigation records, and port entry-exit data are evaluated together.

Legal Basis

Maritime Labour Law No. 854, Art. 20/I-2 and Art. 14/II-a (justified termination due to unpaid wages).

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: Does a seafarer whose wages are unpaid receive severance pay upon resignation?

A: Yes. If they terminate the contract for a just cause (unpaid wages), they are entitled to severance pay.

Q: Which articles constitute the legal basis?

A: Maritime Labor Law Article 20 and the second paragraph of Article 14.

Q: What is the determining factor?

A: The termination must be based on a just cause; non-payment of wages is considered a just cause.

Q: What needs to be proven?

A: That wages were not paid and that the termination was based on this reason; wage records and warnings are important.

Q: If I leave without stating a reason, will I receive severance pay?

A: To protect your right to severance pay, it is important that the reason for termination is clearly stated as ‘non-payment of wages’ in the termination notice; unjustified departure may lead to loss of rights.

Q: Is it mandatory to send a warning letter beforehand?

A: Although not mandatory, sending a written warning before termination documents the fact of non-payment and strengthens the grounds for justified termination.

Why is Expert Legal Support Necessary?

Maritime Labor Law No. 854; contains specific 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 vessel being at sea, non-fixed wages, or contracts made for a specific voyage can lead to loss of rights. Therefore, expert support is crucial for the correct classification of claims and their timely assertion.

2M Law Firm provides end-to-end legal support, primarily in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze, regarding maritime labor law and seafarers’ claims; from wage and overtime claims to severance/notice pay, and when necessary, securing the claim through precautionary ship arrest.

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Source and verification: T.R. Ministry of Labor and Social Security, Maritime Labor Law Frequently Asked Questions · Full text of Maritime Labor Law numbered 854: mevzuat.gov.tr.

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