Introduction

This study analyzes the legal rights of seafarers and the remedies they can pursue when their wages are not paid on time, in full, or at all by the employer, within the framework of the provided literature. Wages are one of the essential elements of an employment contract and constitute the employer’s most fundamental obligation. In an employment contract that creates mutual obligations, wages, which are the consideration for the employee’s performance, are one of the essential elements of the employment contract, the employee’s most fundamental claim, and the employer’s most fundamental and priority obligation towards the employee. The Maritime Labour Law (DİK) and other relevant legislation foresee various mechanisms to protect this fundamental right of seafarers.

1. Termination of Seafarer’s Employment Contract for Just Cause (DİK art. 14)

Non-payment of a seafarer’s wages provides grounds for immediate termination for just cause in accordance with sub-paragraph II of Article 14 of the Maritime Labour Law.

Scope of Termination Reason: The right to terminate arises not only when wages are not paid at all, but also when they are paid partially or late. It is sufficient for a rightful termination not only that the due wage is not paid at all, but also that it is paid partially. Payment below the minimum wage is also considered within this scope.

Concept of “Wage in a Broad Sense”: The right to terminate applies not only to the basic (bare) wage but also to all entitlements considered as wages in a broad sense. According to the provision, a seafarer’s right to immediate termination does not only cover the bare wage; they also have the right to terminate for just cause ‘if their entitlements such as bonuses, premiums, overtime pay, weekly rest pay, and public holiday pay are not paid.’ Failure to fully or partially pay the gross wage constitutes a violation of the employment contract and legal provisions.

Rule of Good Faith in Exercising the Right to Terminate: Not every delay in wage payment may automatically be considered a just cause for termination. In short-term and exceptional delays occurring without the employer’s intent or gross negligence, it should be evaluated within the framework of the rule of good faith whether the right has been abused. Employer delays in wage payment due to forgetfulness or delayed bank transfers will not be considered a just cause for termination. There is no strict application here, and the boundaries of just termination in cases of late wage payments will be determined by rules of good faith and honesty. However, the Supreme Court considers the persistence (continuation) of irregularities in wage payments as sufficient for a just termination.

Outcome of Termination: A seafarer who terminates the contract for just cause is entitled to severance pay if the conditions are met.

2. Claiming Seafarer’s Wage Receivables Through Lawsuit and Enforcement

A seafarer has the right to claim their wage receivables even without terminating the employment relationship. This is an alternative, especially for employees who are concerned about losing their jobs.

Legal Remedies: Should the employer resist fulfilling their wage payment obligation, the employee may initiate an enforcement proceeding without judgment or file a lawsuit for performance to demand the collection of their wages from the employer.

Practical Challenges: Literature emphasizes that workers are reluctant to resort to this method due to fear of losing their jobs. Furthermore, the uncertainty of when litigation and enforcement costs, along with the receivable, will be collected can also be a deterrent.

3. Maritime Lien Right and Other Guarantees

The unique structure of maritime commercial law provides special protection for seafarer claims.

Nature of Maritime Lien: Seafarers’ “claims relating to wages payable due to their work on board the vessel, and other amounts owed to them” are considered maritime liens according to Article 1320/1 of the Turkish Commercial Code (TCC), and these receivables are secured by a statutory lien. This right grants the seafarer the possibility to collect their receivable with priority from the sale price if the vessel is sold through forced execution.

Scope: This right covers all labor receivables such as severance pay, notice pay, and overtime wages (.

4. Administrative Sanctions Against the Employer

The State does not view the violation of the wage payment obligation merely as an issue between the seafarer and the employer, and it imposes administrative sanctions in the name of public order.

Administrative Fines: Article 51 of the Maritime Labor Law (DİK) stipulates serious monetary penalties for employers or their representatives who fail to pay wages on time and in full. “…for each seafarer in this situation, an administrative fine amounting to double the unpaid sum or the equivalent cost of the provisions the employer is obliged to provide, not less than one thousand Turkish Liras, is imposed.” If the act occurs abroad, the penalty is doubled.

Obligation to Pay Wages via Bank: Employers employing five or more seafarers are obliged to pay wages and other entitlements through a bank. An additional administrative fine is imposed on the employer or their representative who fails to comply with this rule, for each seafarer..

Conclusion

In light of the presented literature, it is observed that a seafarer has strong protection mechanisms arising from both the employment contract and maritime commercial law and administrative law, in cases where wage receivables are not paid. A seafarer;

In cases where wages are not paid at all, are paid deficiently, or are paid late, according to Article 14 of the Maritime Labor Law, the employment contract can be terminated for just cause and rights such as severance pay can be claimed.

While maintaining the employment relationship, they may resort to filing a lawsuit or initiating enforcement proceedings for unpaid receivables.

Thanks to the nature of their receivable as a “maritime claim,” they may have a statutory lien on the vessel, providing them with the opportunity to collect their claim on a priority basis.

Furthermore, an employer who violates the obligation to pay wages faces administrative fines calculated separately for each seafarer, which can amount to significant sums. This multifaceted protection aims to secure the seafarer’s most fundamental right, which is the right to their wages. A suggested article.

Why Is Expert Maritime Labor Law Attorney Support Necessary?

Seafarers’ rights to wages, compensation, and claims are under special protection within the scope of both the Maritime Labor Law and the Turkish Commercial Code. However, disputes in this area often have a complex nature, involving both labor law and maritime commercial law aspects. Therefore, expert support from a maritime labor law attorney is extremely important for seafarers operating in Istanbul, Tuzla, Pendik, Kartal, Gebze, and shipyard regions.

In practice, issues such as which path to follow in case of unpaid or underpaid wages, whether termination of the employment contract for just cause or enforcement proceedings would be more appropriate, and in which court the lawsuit should be filed, require professional legal assessment. Furthermore, the priority collection of wages that constitute a maritime claim is possible through accurate and timely applications.

In wage disputes experienced in shipyards and port areas, an experienced lawyer in maritime labor law, protects the rights of the worker from beginning to end of the process and ensures that receivables are collected quickly.

If you are also a seafarer working in Istanbul, Tuzla, Pendik, Kartal, Gebze, or the shipyard area and you are experiencing legal issues regarding your wages, receiving professional support from an expert lawyer in the field is of great importance to prevent you from suffering loss of rights.