Is the Employer Obligated to Meet the Seafarer’s Advance Request? — 2M Law Office

The seafarer’s need for cash is important due to the nature of the voyage. The law imposes an obligation on the employer to pay an advance upon the seafarer’s request.

Short Answer

Yes. Upon the seafarer’s request, the employer or the employer’s representative is obligated to pay an advance according to the principles written in the employment contract.

Advance Obligation Upon Seafarer’s Request

According to the Maritime Labor Law, the employer or the employer’s representative is obliged to provide an advance if the seafarer requests it. However, this obligation is not unconditional: the advance is paid within the framework of the principles written in the employment contract. The regulation aims to meet the seafarer’s cash needs during the period of employment.

Note: An advance is a prepayment made to be deducted from the earned wage. The scope and payment conditions of the advance are evaluated within the framework of the principles stated in the employment contract and the law.

Proper management of the wage and advance relationship prevents future account disputes. For the entirety of seafarer rights, you can refer to our article on Seafarer Claims.

Limits of the Obligation to Provide an Advance to the Seafarer

The employer’s obligation to give an advance, if requested by the seafarer, arises within the framework of the written principles in the service contract. Thus, the amount, frequency, and conditions of the advance are primarily determined by the contract. An advance is a prepayment made to be offset against earned or future wages; it is not an independent bonus or additional payment.

Proper Management of the Advance-Wage Relationship

Regularly recording the advances given and to which month/voyage they are offset prevents future disputes like “wages unpaid” or “excessive advance deduction.” Accurately reflecting advance deductions on the payroll is protective for both the employer and the seafarer.

Proof in Disputes: Which Documents are Important?

In disputes regarding seafarers’ receivables and rights, the burden of proof is often decisive. In advance and offset disputes, signed advance receipts, payrolls, and bank records are taken as a basis. Obtaining and retaining these documents in advance prevents loss of rights in a future dispute. In cases where documents are not available, collateral evidence such as witness statements, ship’s log records, and port entry-exit data are evaluated together.

Collection of Receivables: Mediation and Litigation

For claims of receivables and compensation arising from employer-employee relations, **referring to a mediator before filing a lawsuit is a prerequisite for litigation.** 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 claim, it is also possible to pursue provisional arrest of the ship while the ship is in Turkish ports. This secures the collection of the claim, especially for foreign-flagged vessels or vessels at risk of changing hands.

Legal Basis

Maritime Labor Law No. 854, Art. 30 (Advance; according to written principles in the service contract).

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

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Frequently Asked Questions (FAQ)

Q: Is the employer obligated to provide an advance?

A: Yes. Upon the seafarer’s request, the employer or their representative is obligated to pay an advance.

Q: What is an advance?

A: It is an advance payment made to be deducted from the earned wage.

Q: How is an advance payment request evaluated?

A: The scope and conditions of an advance payment are determined within the framework of law and contract.

Q: Is an advance payment deducted from wages?

A: Yes. An advance payment is deducted from the earned wage.

Q: Is an advance payment deducted from wages?

A: Yes. An advance payment is a prepayment made to be deducted from wages already earned or to be earned; it is not an independent additional payment.

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 on a 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 correctly classifying claims and demanding them on time.

2M Hukuk Law Office, provides end-to-end legal support in maritime labor law and seafarer claims, from wage and overtime claims to severance/notice pay, and if necessary, securing claims through precautionary attachment of ships, primarily in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze.

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Source and verification: T.R. Ministry of Labor and Social Security, Seafarers’ Labor Law Frequently Asked Questions · Full text of Seafarers’ Labor Law No. 854: mevzuat.gov.tr.

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