Seafarers contribute to the development of the maritime transportation industry and perform important duties by working in difficult and risky working conditions. However, the difficulties of working in the maritime industry seafarers’ rights It requires them to be aware of the issue. In particular, compensation rights are of great importance for seafarers. In this article, we will discuss in which cases seafarers are entitled to compensation, severance and notice pay conditions and other important details.
Working Conditions of Seafarers and Labor Law
Working conditions of seafarers are regulated by the Maritime Labor Law No. 854 in Turkey. This law was created to protect the rights of seafarers and regulate their working conditions. The Maritime Labor Law contains some differences from general labor laws and is shaped according to the unique structure of the maritime industry. According to this law, seafarers’ compensation rights vary depending on their resignation or dismissal.
Seamen’s Right to Severance Pay
Severance pay is a type of compensation calculated according to the time the employee spends at the workplace and paid upon termination of the employment contract in certain circumstances. Seafarers are also entitled to severance pay under certain conditions. Here are these conditions:
- Termination of the Employment Contract by the Employer:
If the employer dismisses the seafarer, the seaman is entitled to severance pay. This compensation is calculated based on the worker’s working time. Employer, seafarer not dismissed for a valid reason is obliged to pay severance pay in the process.
- Health Reasons:
A seafarer has the right to terminate his employment contract if he has health problems that prevent him from working in the maritime profession. In this case, the seafarer is entitled to severance pay. Seafarers who want to leave work due to health problems must document this situation with a medical report.
- Pension:
Seafarers who meet the retirement conditions may be entitled to severance pay by terminating their employment contract. Reaching retirement age or completing the required number of premium days entitles seafarers to receive severance pay.
- Military service:
Male seafarers can receive severance pay when they have to leave their job due to military service. In order for seafarers who leave their jobs for military service to claim severance pay, it is sufficient to present their military service draft document to the employer.
- Separation Due to Marriage (Female Seafarers):
Female seafarers are entitled to severance pay if they leave their job within one year of marriage. In this case, it is sufficient for female seafarers to quit their job by presenting their marriage certificate.
Seafarers’ Right to Notice Compensation
Notice compensation is a type of compensation paid if the employee or employer does not give a certain period of notice when terminating the employment contract. According to the Maritime Labor Law, if a seaman is dismissed without complying with the notice period, he is entitled to notice compensation. The notice period varies depending on the employee’s working time at the workplace and is as follows:
- For Employees Between 0-6 Months: 2 weeks notice period
- For Employees Between 6 Months and 1.5 Years: 4 weeks notice period
- For Employees Between 1.5 Years and 3 Years: 6 weeks notice period
- For Employees More than 3 Years: 8 weeks notice period
If the employer terminates the employment contract without notifying the employee during these periods, he is obliged to pay notice compensation equal to the wage corresponding to the notice period.
Compensation Rights Due to Work Accidents and Occupational Diseases
Seafarers are at risk of work accidents or occupational diseases because they work in difficult and risky conditions. Physical damage resulting from a work accident or occupational disease gives seafarers the right to claim compensation. Seafarers may request material and moral compensation from the employer for damages caused by work accidents or occupational diseases. In such cases, the worker may need to file a lawsuit to recover damages.
Overtime Compensation
Seafarers’ working hours at sea are long, often requiring overtime. According to the Maritime Labor Law, seafarers are entitled to be compensated for their work if they work overtime. Overtime pay is paid as fifty percent more than the normal working wage. Seafarers have the right to request overtime pay from their employers.
Compensation Claim Process
Seafarers must follow the following process when claiming compensation:
- Making a Written Application to the Employer: The seafarer requesting compensation must request his rights by making a written application to the employer.
- Initiating Legal Process: If the employer does not pay compensation, the seaman can seek his rights through legal means. labor law lawyer Filing a lawsuit with the Maritime Labor Court allows the seafarer to claim his right to compensation.
Conclusion
Seamen’s compensation rights are guaranteed by the Maritime Labor Law. Seafarers who are dismissed against their will or who have to leave their jobs for certain reasons have rights such as severance and notice pay. They may also claim compensation in cases such as work accidents or overwork. Seafarers’ full knowledge of their rights ensures that they do not become victimized by their employers. Therefore, it is important for seafarers to examine the legal regulations in detail in order to protect their rights.
