1. Introduction
Seafarers—including captains, officers, deckhands, engineers, stewards, and other ship personnel—form the essential labor force behind maritime commerce. Given the harsh working conditions, prolonged periods at sea, and international legal regimes, disputes often arise concerning wages, occupational safety, termination entitlements, and damages resulting from navigational or operational errors by the captain or crew.
This article examines these disputes from the standpoint of both Turkish Labor Law and Maritime Law, with a particular focus on employer liability and protective mechanisms for maritime workers.
2. Definition and Legal Status of Seafarers
2.1. Who is a Seafarer?
Under Turkish Maritime Labor Law (Law No. 854), a seafarer is any individual—including the captain—who performs work onboard and is directly involved in the operation or management of a vessel.
2.2. Applicable Legal Regimes
- For Turkish-flagged vessels:
Law No. 854 on Maritime Labor applies. Where silent, Law No. 4857 on Labor is applied by analogy. - For foreign-flagged vessels employing Turkish nationals:
The law of the flag state usually governs, unless parties explicitly choose Turkish law (as per Private International Law No. 5718).
3. Labor Disputes and Claims
3.1. Wage Claims
If seafarers are not paid their wages:
- Under Law No. 854, Article 33, failure to pay wages for 20 days entitles the seafarer to terminate the contract with just cause.
- Wages of all crew—including the captain—are considered privileged maritime claims under TCC Article 1320, ranking above mortgages in enforcement proceedings.
3.2. Severance and Notice Pay
- Severance pay: Seafarers who have worked for the same employer for at least one uninterrupted year are entitled to severance if they resign with just cause or are terminated unlawfully.
- Notice pay: Failure to observe proper notice periods gives rise to notice compensation under Law No. 854.
🔹 Court of Cassation 9th Civil Chamber, 2022/3542 E., 2023/781 K.
“Seafarers under Law No. 854 are entitled to severance and notice pay only where termination occurs for just cause.”
3.3. Overtime and Leave Entitlements
- Overtime is common on ships but often goes unrecorded. Turkish courts recognize such claims if the seafarer can provide sufficient evidence.
- Seafarers are entitled to annual paid leave, which must be used onshore.
4. Occupational Health and Safety Violations
Shipowners are required to ensure the health and safety of their crew, which includes:
- Providing personal protective equipment,
- Training and safety drills,
- Risk assessments and accident prevention.
In case of work-related accidents at sea:
- The incident must be reported to Social Security Institution (SGK),
- The injured party may file compensation claims (both material and moral),
- Employers are often held liable under strict liability principles.
5. Employer Liability for Damages Caused by the Captain or Crew
5.1. Liability Under Turkish Commercial Code (TCC)
If a captain or crew member:
- Mishandles cargo,
- Causes damage through negligent stowage,
- Delays delivery,
- Fails to follow safety or handling protocols,
then the carrier (employer) is liable under TCC Article 1185:
🔹 TCC Art. 1185:
“The carrier is liable for damages resulting from acts or omissions of the crew during loading, stowage, transportation, or discharge.”
5.2. Employer’s Responsibility
- The employer is jointly and severally liable for the crew’s faults, but may seek recourse afterward.
- Captains act not only as navigators but as legal representatives of the shipowner, binding them in commercial and operational matters.
5.3. Exceptions to Liability
- Navigational errors: If a loss is solely due to navigational mistakes (e.g., collision during a storm), the employer may be exempt if such risks fall under force majeure as defined in international conventions (e.g., Hague Rules).
6. Legal Remedies and Jurisdiction
- Competent court: Maritime labor disputes are heard in Commercial Courts of First Instance in Turkey.
- Arbitration: If agreed upon, maritime arbitration clauses (e.g., LMAA) are enforceable.
- Enforcement: Wage and compensation claims may be pursued via direct enforcement proceedings without the need for court judgments.
- Administrative remedies: SGK and Ministry of Labor may be engaged for occupational accidents or regulatory breaches.
7. Conclusion and Evaluation
The employment relationship of seafarers differs significantly from traditional labor relations. Key points:
- Wage and compensation rights must be well documented,
- Duties and responsibilities of captains and crew should be defined in written employment contracts,
- Employers must comply with both labor and maritime obligations,
- Liability for cargo or transport-related damages caused by the crew generally lies with the employer.
Given the overlapping jurisdictions of maritime law, labor law, and international law, shipowners and seafarers alike are well advised to seek professional legal counsel in managing employment relationships and resolving disputes.
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