Introduction

This study analyzes the working hours, rest periods, overtime rights, and special circumstances of seafarers within the framework of existing literature and legal regulations. The unique conditions of work at sea have necessitated regulations different from land-based labor law. In this context, international texts such as Maritime Labor Law No. 854 (DİK), the Regulation on Seafarers and Pilot Captains (GKKYön), and the Maritime Labor Convention, 2006 (MLC 2006), to which Turkey is a party, are fundamental reference sources. The study addresses the relationship between these sources, legal gaps, and the practices of the Court of Cassation.

1. Normal Working Periods

The literature reveals that normal working periods for seafarers are regulated similarly in both national and international legislation.

National Regulation: Article 26 of the Maritime Labour Law No. 854 constitutes the fundamental norm. According to this article, “generally, the working period is eight hours a day and forty-eight hours a week, and this period is applied by dividing it equally over the working days of the week”. These periods are valid regardless of whether the work is performed at night or during the day.

International Harmonization: This regulation is in parallel with fundamental international conventions such as MLC 2006. It confirms this harmonization by stating, “Normal working hours for seafarers are set at 8 hours a day and 48 hours a week for 6 days of the week, both in Article 26 of the Maritime Labour Law and in MLC-2006’s A2.3 / f. 3 and B2.2.2 / f. 1 and f. 2 provisions”. Working time is defined as “the period during which the seafarer works on duty and keeps watch”, and it is emphasized that not every period spent on board is considered working time.

2. Maximum Working Hours and Minimum Rest Periods

Although normal working hours are regulated in the Maritime Labour Law, no limit has been set for maximum working hours. This legal loophole is filled by international conventions and Supreme Court precedents.

International Standards: MLC 2006 and relevant European Union Directives set clear limits to protect seafarers against excessive work. According to these standards:

Maximum working period, shall not exceed 14 hours in any 24-hour period, nor 72 hours in any 7-day period.

Minimum rest period, “shall not be less than 10 hours in any 24-hour period, nor less than 77 hours in any 7-day period.

Division of Rest Periods: The flexible use of rest periods has also been regulated. It has been stipulated that the daily 10-hour rest period “can be divided into a maximum of two periods, one of which must not be less than 6 hours, and the interval between the two rest periods must not exceed 14 hours.”

Approach of the Supreme Court: The Supreme Court, in order to fill the gap in the MCL, generally accepts these international norms. Both doctrine and the Supreme Court have stated that, in this case, Article 5 of the European Union Directive No. 1999/63/EC, along with the Convention concerning the Hours of Work of Seafarers and the Manning of Ships by Seafarers, which was duly accepted by Turkey, should be taken into consideration.

3. Overtime (Working Overtime Hours)

Definition and Conditions: According to Article 28/1 of the MCL, work performed by exceeding the determined working hours is considered overtime. Even if the weekly 48 hours are not exceeded, work exceeding 8 hours daily is also considered overtime. As an important distinction, unlike the general Labour Law, the seafarer’s consent is not required for overtime.

Remuneration: According to Article 28/2 of the MCL, overtime pay “shall not be less than the amount found by increasing the hourly rate of normal working wage by twenty-five percent.” However, this rate can be increased by collective or individual employment contracts, and considering the general provision of the Turkish Code of Obligations (TCO Art. 402/1), it would be appropriate to calculate the wage with “at least a fifty percent” increase.

Issue of Time Limit: There is no annual or daily upper limit for overtime work in the Maritime Labor Law (DİK). This situation leads to a significant legal loophole regarding “overtime work.” The Supreme Court tends to fill this gap by taking as a basis the maximum working hours specified in international conventions (14 hours daily, 72 hours weekly).

4. Cases Not Considered Overtime and Mandatory Duties

Some mandatory and emergency situations are not considered overtime work and are not subject to additional pay, even if they exceed normal working hours.

“Work performed for tasks deemed necessary by the captain for the safety of the vessel, the persons on board, or the cargo on board is not considered overtime.”

Furthermore, it has been stipulated that “additional work that must be carried out due to customs, quarantine, and other sanitary formalities, as well as work performed during drills such as fire, collision at sea, man overboard, etc., conducted on board while the vessel is at sea or in port, shall not be considered overtime.”

However, there are different views in doctrine regarding whether these tasks should be counted as part of normal working hours.

5. Watchkeeping System and Special Circumstances

Due to the nature of the maritime industry, watchkeeping is fundamental. Although the Maritime Labor Law (DİK) mandates employers to announce watch schedules, it does not contain detailed regulations regarding watch durations. However, the Regulation on Ship Crews (GKKYön) has introduced special rules regarding rest periods for watchkeeping seafarers.

Young Seafarers: Special protective provisions exist for seafarers under 18 years of age. “Seafarers under the age of 18 cannot work night shifts. The guidelines in MLC 2006 recommend that the working hours for these individuals should not exceed 8 hours per day and 40 hours per week.

Other Personnel: For certain personnel, such as cooks, different working hour regimes are foreseen, varying depending on whether the vessel is a passenger ship, and whether it is in port or at sea.

6. Legal Debates and Hierarchy of Norms

In the literature, it is noted that there is a conflict between the DİK (Law on Labor) and the GKKYön (Regulation on Seafarers’ Working Hours). Although the law stipulates that daily working hours cannot exceed 8 hours, it has become possible to work beyond this limit according to the provisions of the regulation. This situation undoubtedly constitutes a contradiction to the hierarchy of norms. The regulation’s indirect allowance for up to 14 hours of daily work when regulating rest periods conflicts with the overriding provision of the law.

Conclusion

The rights of seafarers regarding working and rest hours are regulated by a multi-layered legal structure. Maritime Labor Law No. 854 sets the basic framework by defining normal working hours as 8 hours a day and 48 hours a week. However, significant gaps in the law, such as maximum working hours and overtime limits, are filled by international conventions, primarily MLC 2006, and the jurisprudence of the Court of Cassation that references these conventions. Accordingly, a seafarer’s actual working hours cannot exceed 14 hours daily and 72 hours weekly, and rest hours cannot fall below 10 hours daily and 77 hours weekly. While compulsory duties related to ship, cargo, and life safety are not considered overtime, the fact that a seafarer’s consent for overtime is not required is an important distinction. Situations that violate the hierarchy of norms between regulation provisions and the law can lead to legal uncertainties in practice. Therefore, for a complete determination of a seafarer’s rights, it is essential to evaluate national legislation together with international standards and current judicial decisions. A suggested article.

Why is Expert Lawyer Support Necessary?

Seafarers’ working and rest hours, overtime rights, and shift arrangements are subject to both national and international regulations. However, contradictions between Maritime Labor Law No. 854 and regulations, the direct applicability of international conventions, and varying jurisprudence of the Court of Cassation create significant uncertainties in practice. Therefore, expert lawyer support is crucial to avoid loss of rights and to make a correct legal assessment.

Seafarers working especially in the Tuzla, Pendik, Gebze, and Istanbul region, which is highly active in the maritime sector, may not be able to fully exercise their rights if they do not receive professional legal assistance in disputes with their employers. Technical issues such as the calculation of overtime pay, violation of rest periods, the scope of mandatory duties, and the identification of situations contrary to the hierarchy of norms can only be effectively resolved through an experienced lawyer in this field.

Therefore, to protect the employment and social rights of seafarers, acting with an expert lawyer in all situations where national and international norms are evaluated together is the most reliable way.