What is The Scope of The Maritime Labour Law??

The law applies to seafarers employed under a contract of service on Turkish-flagged vessels of one hundred gross tonnage or more operating on seas, lakes, and rivers, and to their employers. It also applies where the combined gross tonnage of several vessels belonging to the same employer reaches one hundred or more, or where the employer employs five or more seafarers in total.

Those working on smaller vessels under one hundred gross tonnage, or for employers falling below these numerical thresholds, generally fall outside the scope of this law and may instead be subject to Labor Law No. 4857 or the general provisions of the Code of Obligations. For this reason, the specific gross tonnage of the vessel and the employer's total number of seafarers should be determined first in any given case.

Under the law, a seafarer refers to a person, including the ship's captain, employed under a contract of service to perform a specific duty on board a vessel. The employer may be the vessel's owner, or it may be a different party operating the vessel in the capacity of ship operator (donatan) — a distinction that matters particularly in determining who bears responsibility.

Which Seafarers Fall Outside the Law?

Personnel on certain vessels belonging to specific public institutions that are not commercially operated, along with other exceptional groups specifically listed in the law, may be considered outside the scope of the Maritime Labour Law even if they work on floating vessels. Whether such exceptions apply must be examined separately based on the vessel's operating purpose and status.

Under Article 20 of the law, severance pay is due to a seafarer for each full year the employment contract has continued from the date of hire, in cases of termination of the contract, the seafarer's death, or other termination grounds specifically listed in the law. Where the contract is terminated due to the seafarer's own fault, or the employer terminates based on a just cause, the right to severance pay may not arise — this distinction must be assessed based on which party terminated the contract and on what grounds in the specific case.

Severance pay may also be claimed where the seafarer terminates the contract for a just cause of their own (such as unpaid wages, unsuitable health conditions, or the employer's breach of contract) — here, accurately establishing the reason for termination and the supporting evidence is decisive.

Under the law, severance pay is calculated at the rate of 30 days' wages for each full year the employment contract has continued, with the same rate applied proportionally for periods exceeding a full year. The calculation is based on the seafarer's most recent wage, and regularly paid monetary benefits or benefits measurable in money (such as bonuses or meal/transport allowances, depending on the specific case) may also be included. In this respect, the calculation method resembles the severance pay logic under Labor Law No. 4857, but its legal source is a separate statutory provision (Maritime Labour Law Art. 20).

The Maritime Labour Law contains its own provisions — adapted to the particular nature of maritime activity — on working hours, overtime, annual leave, occupational health and safety, and termination procedures, many of which differ from the general Labor Law. For example, the operation of a vessel while underway requires working arrangements distinct from land-based workplaces, so working hours and rest period rules must be assessed separately.

The competent court and applicable procedural rules for disputes arising from a seafarer's employment contract are likewise determined by considering this special law together with general provisions. Given the technical and often complex nature of such disputes, consulting an employment lawyer regarding severance pay or other employment claims can be beneficial.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy