Some seafarers who hold key positions in the navigation and management of a ship are, due to the nature of their duties, excluded from classic working hour limitations. The Maritime Labour Law No. 854 explicitly lists these exceptions.
Brief Answer
The first captain/deputy (including pilot captains), chief engineer, doctors and healthcare personnel, crew of rescue vessels, and those working on their own behalf and account on board are not subject to working hours.
Seafarers Excluded from Working Hours
The Maritime Labour Law specifically regulates officers who are excluded from the weekly 48-hour working hour regime due to the nature of their duties involving navigation, management, and continuity. Accordingly, the following are not subject to working hours:
On vessels with more than one captain, the first captain or the person acting as their deputy (including pilot captains),
On vessels with more than one engineer, the chief engineer,
Doctors and health officers, nurses and caregivers,
Seafarers working on rescue vessels whose primary duty is saving lives, property, and ships,
Those working on board on their own behalf and account.
Why is it important?Not being subject to working hours results in a different evaluation of overtime calculations based on the “48-hour weekly” threshold for these officers. Therefore, the seafarer’s title and actual duty are of great importance in claims calculations.
For seafarers subject to working hours, exceeding 48 hours per week leads to overtime pay. Provisional arrest of a ship is a strong means of protection for securing seafarer’s wages and overtime claims.
Our Related Articles (Maritime Commercial Law)
- Seafarer Claims (Seafarer Claims) — Wage, Overtime and Compensation Claims
- How to Prepare a Provisional Arrest of Ship Application Petition?
Frequently Asked Questions (FAQ)
Is the master subject to working hours?
No. On vessels with more than one captain, the master or the person deputizing for them (including pilot captains) is not subject to working hours. Is the chief engineer subject to working hour limitations?
On vessels with more than one engineer, the chief engineer is not subject to working hours. Is the onboard medical personnel subject to working hours?
Doctors, medical officers, nurses, and orderlies are not subject to working hours. What is the situation for rescue vessel crew?
Seafarers working on rescue vessels, whose primary duty is the rescue of lives, property, and ships, are not subject to working hours.
Why is Expert Legal Support Necessary?
Maritime Labor Law No. 854 contains unique rules that differ from the general Labor Law No. 4857 in terms of seafarer’s working hours, overtime, weekly rest, annual leave, severance and notice pay, and termination procedures. Situations such as the ship being on voyage, the wage not being fixed, or the contract being made for a specific voyage may lead to loss of rights. Therefore, expert support is crucial for correctly classifying the receivable and claiming it on time.
2M Law Firm provides end-to-end legal support regarding maritime labor law and seafarer’s claims; from wage and overtime claims to severance/notice pay, up to securing the claim through ship arrest when necessary.
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Source and verification: Republic of Turkey 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 informational purposes only; it does not constitute legal advice in specific disputes. Professional consultation is recommended for current legislation and case law.
