The obligation to pay wages through a bank channel applies to employers who employ a certain number of employees. This rule also applies to the employment of seafarers.
Short Answer
Yes. Employers with at least 5 employees are obliged to make all payments to their employees through a bank. An employer employing 9 seafarers falls within the scope of this obligation.
Obligation to Pay Seafarer Wages Through a Bank
In Article 10 of the Regulation on the Payment of Wages, Premiums, Bonuses, and All Such Entitlements Through Banks; it is stated that employers with at least 5 employees are obliged to make all kinds of payments to their employees within that month through a bank.
An employer employing 9 seafarers on their Sample Vessel must pay wages through a bank channel, as they exceed the 5-employee threshold.
Why Is It Important?
Payment through a bank is also strong evidence for proving that the wage has been paid. The ability to track payments through bank records is important for both parties in future wage disputes that may arise.
For the follow-up of unpaid wage receivables, you can refer to our article on Seafarer Claims.
Scope of the Obligation to Pay Through a Bank
It is mandatory for employers who employ a certain number of seafarers to make all payments such as wages, premiums, bonuses, and similar payments through a bank, in accordance with the relevant regulation. The purpose of this rule is to record the payment, document that the wage has been paid in full and on time, and facilitate proof in disputes.
Seafarer Cash Payment and Proof Problem
Even though it is mandatory, cash payment of wages creates both the risk of administrative sanctions and makes it difficult for the employer to prove the payment. In cases where there are no bank records, since the burden of proving that the payment was made is generally on the employer, this situation may result in favor of the seafarer. It is also beneficial for the seafarer to keep their bank account statements to prove their own receivables.
Legal Basis
Sea Labor Law No. 854, art. 29 (wages); Regulation on the Payment of Wages, Premiums, Bonuses, and All Such Entitlements Through Banks.
The relevant Regulation should be confirmed with its current version for the threshold of at least 5 employees and implementation principles.
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: At how many employees does the obligation to pay through a bank begin?
A: Employers with at least 5 employees are obligated to make payments through a bank.
Q: Is an employer employing 9 seafarers covered?
A: Yes. Since the threshold of 5 employees is exceeded, wages must be paid through a bank.
Q: What is the basis?
A: Article 10 of the relevant Regulation.
Q: What is the additional benefit of bank payment?
A: It constitutes strong evidence regarding the proof of wage payment.
Q: Can wages be paid in cash?
A: For employers subject to the obligation of payment via bank, payments must be made through a bank; cash payment leads to administrative sanctions and proof issues.
Why is Expert Legal Support Necessary?
Maritime Labor Law No. 854 contains specific rules that differentiate it from the general Labor Law No. 4857 regarding the working hours, overtime, weekly rest, annual leave, severance and notice pay, and termination procedures of seafarers. Situations such as the vessel being on a voyage, 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 the correct classification of the claim and its timely demand.
2M Law Office provides end-to-end legal support, especially in Istanbul, Tuzla, Pendik, Kartal, Maltepe, and Gebze, regarding maritime labor law and seafarers’ claims; from wage and overtime claims to severance/notice indemnity, and up to securing the claim through ship arrest when necessary.
2M Law Office Istanbul Seafarer Lawyer Tuzla Seafarer Lawyer Istanbul Maritime Commercial Law Lawyer Tuzla Maritime Commercial Lawyer
Source and verification: T.R. 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 information purposes; it does not constitute legal advice in a specific dispute.
