SCOPE OF MARITIME LABOR LAW IN TURKEY

WHAT IS A MARITIME EMPLOYMENT CONTRACT IN THE SCOPE OF MARITIME LABOR LAW IN TURKEY?

A maritime employment contract is an essential document that regulates the relationship between the worker and the employer and protects the rights of shipman in Turkey under contract law. According to Article 5 of Law No. 854 on Maritime Labor in Turkey, the employment contract between the shipman and the employer or their representative must be in writing, and each party should be provided with a copy. These maritime employment contracts can be made either notarized or through an ordinary agreement between the parties.

There are two fundamental aspects to the formation of a maritime employment contract. Firstly, it documents the employment relationship between the employer and the shipman and ensures the ship’s operability. While the Labor Law in Turkey does not impose any specific format for indefinite-term employment contracts, a written form requirement is stipulated for fixed-term contracts. According to Article 5 of the Maritime Labor Law in Turkey, the maritime employment contract between the shipman and the employer or their representative must be prepared in writing in two copies and provided to each party. Article 50/a of the Labor Law imposes an administrative fine in case of the absence of a written contract.

There are differing interpretations regarding whether the written form is a condition of validity or a requirement for proof. According to decisions by the Court of Cassation, the contract must be in writing and specify the salary. While some experts argue that the written form is a condition of validity, others suggest it’s a requirement for proof. Considering that the purpose of labor law is to ensure the continuity of contracts, interpreting the written form as a requirement for proof is more appropriate.

Under maritime labor law in Turkey, the maritime employment contract between the shipman and the employer or their representative, whether made through a notary or between the parties, is exempt from any fees or duties.

Article 7 of the Maritime Labor Law mentions three types of employment contracts: for a specific period, for a voyage, or indefinite. A service contract for a specific period terminates at the end of the period. A service contract for a specific voyage terminates at the end of the designated voyage. However, if the shipman continues to work with the approval of the employer or their representative, and the ship continues the voyage, the service contract is considered extended for the duration of that voyage.

THE ESSENTIALS TO BE INCLUDED IN A MARITIME EMPLOYMENT CONTRACT

A maritime employment contract must be drawn up in writing in accordance with Article 5 of the Maritime Labor Law and should contain specific information. According to Article 6 of the Maritime Labor Law, this information includes:

• Name, surname, and residential address of the employer.
• Name, surname, date and place of birth, registry number, and residential address of the shipman.
• Name of the ship where the shipman will work, registry number, gross tonnage, and the registry office where it is recorded.
• Place and date of the contract.
• Work to be performed by the shipman.
• Place and date where the shipman will commence service.
• Whether the service contract is made for a specific period, and if so, the duration, or if it is for a voyage, which voyage it is.
• Basis and amount of the agreed-upon wage.
• Time and place of wage payment, and for mandatory employers, the shipman’s bank account number for the payment of wages, bonuses, allowances, and any other similar entitlements.
• Conditions for advances.
• Other employment conditions.
• Summary of the contract approved by Law No. 7292 dated May 25, 1959, for service contracts to be concluded with trimmers and stokers.

In addition to these elements specified in maritime labor law in Turkey, provisions regarding unions or Collective Labor Agreements (CLA) may also be included in the contract according to the agreement of the parties. Having all of this information in the contract helps clarify the rights and obligations of the parties and contributes to preventing potential disputes.

WHO IS A SHIPMAN AND MARITIME WORKERS?

Due to the different conditions and challenges involved in maritime work compared to land-based labor, ship personnel are not subject to the general Labor Law but are regulated by Law No. 854, the Maritime Labor Law.

In Article 2/B of the Maritime Labor Law, a shipman is generally defined. According to maritime labor law, maritime workers refers to the captain, officers, crew, and other personnel working on board under a service contract. The only difference between a shipman and a worker regulated under the Labor Law is their employment on board a ship.

The definition of a shipman is also found in other laws and regulations, particularly in Commercial Law. Under Article 934 of the Turkish Commercial Code, a shipman is defined as the captain, officers, crew, and other ship personnel. The Shipman Regulation further specifies that a shipman encompasses the captain, officers, junior officers, trainees, crew, and auxiliary service personnel. These definitions determine the functions and scope of a shipman and lead to the application of the Maritime Labor Law in Turkey.

According to Article 1 of the Maritime Labor Law, it applies to shipmans and their maritime workers who work under a service contract on ships carrying the Turkish flag and with a gross tonnage of 100 tons or more. Even if the ship is under 100 gross tonnage, the Maritime Labor Law still applies if the total gross tonnage of ships owned by the same employer is 100 tons or more, or if the employer employs at least 5 shipmans.

QUALIFICATIONS TO BE A SHIPMAN IN TURKEY

Certain conditions must be met to become a shipman in Turkey. These conditions are as follows:

1. Citizenship and Education Status: One must be a citizen of the Republic of Turkey, or have received education related to maritime in Turkey or the Turkish Republic of Northern Cyprus, or be of Turkish descent.
2. Qualifications: Shipmans must possess specific qualifications as outlined in the Shipman Regulation. These qualifications include age, level of education, and sea service.
3. Health Status: Prospective shipmans must demonstrate their suitability for sea service. This entails meeting health standards set forth by regulations.
4. Criminal Record: One must not be convicted of crimes specified in the regulations. Crimes such as organized crime, drug trafficking, and human trafficking fall under this category.

To become a shipman, all of these conditions must be met, and one must work under a service contract. These conditions are established to ensure the employment of reliable and qualified personnel in the maritime sector.

SEVERANCE PAY REGULATIONS UNDER MARITIME LABOR LAW IN TURKEY

According to Law No. 854, there are several rules regarding severance pay in maritime labor law in Turkey:

1. Length of Service: According to the regulations of maritime labor law, severance pay is provided for each complete year of service during the continuation of the employment contract. Therefore, to be eligible for severance pay under maritime labor law, a shipman must have at least one year of service.
2. Termination Situations: If the employment contract is terminated by the employer under certain conditions stipulated in the Maritime Labor Law, severance pay is provided. However, in situations such as the shipman’s imprisonment, severance pay is not provided.
3. Payment Principles: Severance pay under maritime labor law is calculated based on the shipman’s last gross salary.
4. Reasons for Departure: Shipmans are entitled to severance pay in cases such as compulsory military service, old-age pension, retirement, disability pension, or termination of the employment contract for lump sum payment purposes.
5. Reemployment Situation: A shipman returning to work at the same workplace cannot receive severance pay for their previous service period.
6. Death Situation: In the event of the shipman’s death, severance pay is provided to their legal heirs.

These rules are important provisions that determine seafarers rights in Turkey and employer obligations. Article 20 of the Maritime Labor Law extensively regulates the rights and payment conditions related to severance pay.

ELIGIBILITY FOR SEVERANCE PAY UNDER MARITIME LABOR LAW IN TURKEY

Specific situations are outlined in Article 20 of the Maritime Labor Law for eligibility. Here are the instances in which a shipman is entitled to severance pay:

Termination or Resignation Situations:

• Employer termination of the shipman’s employment contract in violation of specific articles of the Maritime Labor Law.
• Shipman resignation (quitting) due to the employer’s actions contrary to legal rights.

Reasons for Departure:

• Non-payment of wages in accordance with legal provisions or the employment contract.
• Employer’s behavior contrary to laws, the employment contract, or working conditions.
• Shipman contracting an illness or becoming disabled, preventing continuous work on board.
• Ship being out of service for more than 30 days.

Other Situations:

• Shipman leaving employment due to compulsory military service.
• Shipman terminating the employment contract to receive old-age pension, retirement, disability pension, or lump sum payment.
• Termination of the employment contract due to the ship being lost, abandoned, seized as war booty, or losing the right to fly the Turkish flag.
• Shipman’s death.

Article 20 of the Maritime Labor Law also includes details on the calculation of severance pay. Accordingly, severance pay is calculated based on the last gross salary. In cases where the salary is not fixed, the average salary is calculated by dividing the total salary paid during the last year by the number of days worked during that period, and this average salary is used as the basis for the calculation of severance pay.

SHIPMAN’S STATUTORY LIEN RIGHT ON SHIP

The statutory lien right of a shipman is regulated by the relevant articles of the Turkish Commercial Code. Here are important details regarding the shipman’s lien right:

Shipman’s Claims and Lien Right:

• According to Article 1320 of the Turkish Commercial Code, the claims of a shipman against the shipowner or operator give rise to a statutory lien right on the ship and its appendages.
• Among the shipman’s claims are items such as wages due for work performed on board, repatriation expenses, and social security contributions.

Scope of the Lien Right:

• Article 1321/3 of the Turkish Commercial Code specifies that the lien also covers the shipowner’s claim for compensation against third parties due to the loss or damage to the ship.

Shipman’s Right to Sell:

• If a shipman cannot collect their claim against the ship, they have the right to sell the ship using their lien right.
• However, if the ship’s operation is unjustly hindered by the owner and the creditors are acting in bad faith, the owner can avoid the sale of the ship.
• For example, if a lease agreement has expired but the lessee has not returned the ship, and the shipman continues to work on the ship knowingly, the operation is unjust, and the creditors (shipman) are considered to be acting in bad faith.

The shipman’s lien right is established to ensure a fair and legal balance in the relationship between the shipowner or operator and the shipman.

SHIPMAN’S NOTICE PERIODS

According to the Maritime Labor Law in Turkey, the situations in which a shipman is entitled to severance compensation and the notice periods are parallel to those specified in the Labor Law. Here are the notice periods for shipmans according to the Maritime Labor Law:

• For shipmans who have worked up to 6 months: 2 weeks’ notice period
• For shipmans who have worked between 6 months and 1.5 years: 4 weeks’ notice period
• For shipmans who have worked between 1.5 and 3 years: 6 weeks’ notice period
• For shipmans who have worked more than 3 years: 8 weeks’ notice period.

These periods are effective from the time the termination notice reaches the employer. Upon the expiration of the notice periods, the maritime employment contract is terminated.

The notice periods are established to protect the rights of shipman in Turkey and the employee and to ensure the orderly termination of the employment relationship. It is important for both the shipman and the employer to properly adhere to and implement these periods in their relationship.

SEAFARERS RIGHTS IN TURKEY

Regulated by Law No. 854, which applies to workers and employers working under a service contract on ships flying the Turkish flag on the seas, lakes, and rivers, shipman rights and working conditions are of significant importance.

• Daily and Weekly Working Hours: The standard working hours for shipmans are 8 hours per day and 48 hours per week. The weekly working hours are distributed evenly among the working days of the week. A shipman working 5 days a week is considered to have worked 9.6 hours per day.
• Weekly Rest: A shipman who completes the weekly working hours is entitled to weekly rest for the remaining days of the week. The right to weekly rest is one of the shipman’s rights. However, shipmans cannot be made to work more than 6 days a week on port service and city line ships.
• Paid Leave: A shipman who does not work on a weekly rest day is entitled to receive a daily wage equivalent to one day’s wage without any work in return. If a shipman works on a weekly rest day, they are entitled to receive at least a 25% higher daily wage for that day.
• Free Travel Leave: According to the provision of free travel leave, shipmans can be granted up to 7 days of free travel leave.
• Paid Annual Leave: A shipman who has worked for at least 6 months under the same employer or on the same ship is entitled to paid annual leave. The duration of the leave cannot be less than 15 days for shipmans with service periods between 6 months and 1 year, and less than 1 month per year for those with service periods of 1 year or more.
• Termination Right and Compensation: If it is determined that the maritime employment contract of a shipman has been terminated by the employer in bad faith, the shipman is entitled to compensation equivalent to three times their wage. The notice period for termination is 6 working days from the date the employer or the shipman learns of the action.
• Other Matters: According to the Maritime Labor Law, shipmans are entitled to 2 days of paid leave in case of the death of their parents and 3 days in case of marriage. Additionally, indefinite-term employment contracts cannot be terminated until 6 months have passed, and employers must provide advances to shipmans upon request.
• Payment: In a ship where the employer employs 9 shipmans, wages must be paid through a bank channel. This ensures that payments to workers are made securely and in compliance with legal regulations.

Seafarers rights in Turkey are regulated under Law No. 854, determining the working conditions of shipmans. Protecting seaman rights ensures that their working environments are safe and fair. It is important for shipmans and employers to conduct their employment relationships in compliance with legal regulations.

SEAMAN RIGHTS OF TURKISH FLAGGED AND FOREIGN FLAGGED SHIPS

Maritime workers employed on Turkish-flagged ships have the following labor rights:

• Salary: The wages received by shipmans at specified intervals.
• Overtime Pay: Payments that must be made when shipmans work beyond their normal working hours.
• Annual Leave Pay: The wages received by shipmans during their annual leave periods.
• Weekly Rest Day Pay: Payments that must be made when shipmans work on their weekly rest days.
• Public Holiday Pay: Payments that must be made when shipmans work on official public holidays.

In addition, shipmans employed on Turkish-flagged ships may be entitled to severance pay and notice pay.

On the other hand, maritime workers employed on foreign-flagged ships usually enter into a contract with the shipowner, ship operator, or captain. This contract includes elements such as the shipman’s name, duration of the voyage, duties, and salary.

The rights of shipman in Turkey working on foreign-flagged ships are subject to the provisions of the Turkish Civil Code No. 6098. Therefore, the working conditions and entitlements may differ from those of workers on Turkish-flagged ships. Hence, the rights of shipman in Turkey working on foreign-flagged ships are determined based on their contracts and the applicable legal regulations.

WORKING HOURS OF SEAFARERS UNDER MARITIME LAW IN TURKEY

A ship is not just a workplace but also a living space. Therefore, the nature of work on board and the duration of shipmans’ voyages differ from those of other workers. Shipmans spend long periods on ships depending on the length of the voyage and do not have the opportunity to rest whenever they wish. This situation necessitates special regulations for the working hours of shipmans under Maritime Law in Turkey.

The working hours of shipmans are determined by legal regulations and the shipman’s maritime employment contract. However, the long voyages and living conditions on ships require a different arrangement for the continuous work and rest cycle, unlike other workers.

• Working Hours: The working hours of shipmans are determined based on the length of the ship’s voyage and the requirements of their duties. This period is regulated within the framework of Maritime Law and relevant regulations.
• Rest Periods: The rest periods of shipmans are determined according to the voyage schedule of the ship and in compliance with the rules prescribed by Maritime Law. It is important to provide shipmans with adequate rest opportunities.
• Employer’s Management Rights: The employer has the authority to regulate the operation on board and determine working hours. However, this authority must be exercised within the limits of Maritime Law and relevant legislation.
• Points to Consider in Practice: The working conditions and hours of shipmans are important in terms of occupational health and safety. Maritime workers must give due importance to the rights and health of shipmans. Additionally, the working arrangements must comply with the regulations prescribed by Maritime Law.

Ship operators are responsible for providing an environment that complies with the working hours and conditions of shipmans. This ensures that risks related to occupational health and safety for shipmans are minimized, and safe working conditions are provided.

• NORMAL WORKING HOURS OF SEAFARERS

The normal working hours of a seafarer refer to the time spent on duty and on watch. According to Article 26/1 of Maritime Labour Law No. 854, the daily working hours are set at eight hours, to be divided equally among the working days of the week, totaling forty-eight hours per week. While distributing this period equally among the working days of the week, no distinction is made between night and day.

However, the periods during which the shipman is on board but not on duty and can move freely are not included in the working hours. The Court of Cassation states that not the entire time spent on board by the shipman, but only the time spent working should be considered. Otherwise, the continuous work for 24 hours a day is not compatible with human nature.

The working hours of a shipman include not only the hours actually worked but also the presumed working hours deemed to have been worked legally. However, Maritime Labour Law does not explicitly regulate presumed working hours as in Article 66 of the Labour Law. Only in provisions related to weekly rest days, it is stated that permissions granted for reasons such as marriage, death, medical reports, etc., will be counted as worked days.

• SHIPMANS EXCLUDED FROM NORMAL WORKING HOURS

According to Article 27 of Maritime Labour Law, certain individuals are not subject to the provisions of this law regarding working hours. These individuals include first captains or pilot captains on ships with multiple captains, chief engineers on ships with multiple engineers, health officers and doctors, nurses and caregivers, as well as shipmans working on rescue ships whose primary duties involve rescuing lives, property, and ships, and those working on board under their own name and account.

Although these individuals perform different tasks, the captain, who is the most important person after the shipowner in maritime law in Turkey, has a different status from other shipmans from both technical and legal perspectives. The captain’s powers are used at all times during the navigation of the ship, and therefore, the captain and chief engineer are not subject to the eight-hour daily and forty-eight-hour weekly working hours.

• OVERTIME WORK UNDER MARITIME LABOUR LAW IN TURKEY

According to Maritime Labour Law, work performed exceeding the established working hours is considered overtime work. While the Labour Law states that overtime work should be done for reasons such as increasing production, the general interests of the country, or the nature of the work, Maritime Labour Law does not include such provisions for overtime work.

The overtime pay under Maritime Labour Law in Turkey is determined as 25% of the normal hourly wage, unlike the Labour Law, which generally calculates overtime pay as 50% of the normal hourly wage. Therefore, for each hour of overtime work under Maritime Labour Law, the hourly wage should be increased by 25%.

The employer and their representative must keep a separate ledger notarized by a notary public to document overtime work under Maritime Labour Law. However, the mandatory tasks and situations specified in Maritime Labour Law are not considered overtime work. For example, tasks deemed necessary by the captain for the safety of the ship and crew, customs, quarantine procedures, and fire, conflict, or rescue instructions at sea are not considered overtime work.

There are different opinions regarding whether individuals specified in Maritime Labour Law in Turkey are entitled to overtime pay. Some argue that these individuals should receive overtime pay due to their continuous work, while others emphasize the necessity of their presence on board, asserting that working hours are balanced, and therefore, no overtime pay should be paid.

It is possible to include overtime pay in employment contracts under Maritime Labour Law. However, there should be a specific limit to this situation. Determining these limits considering international sources and EU directives is important to protect the health, safety, and rights of shipman in Turkey.

Considering that the shipman’s rest time is spent on board and their free time is limited, the compensation for overtime work under maritime labour law should be evaluated separately. In some exceptional cases, emergencies encountered during the navigation of the ship or in port may require overtime work, and overtime payments under maritime labour law can be made.

• EXCEPTIONS TO OVERTIME UNDER MARITIME LABOUR LAW IN TURKEY

International Labour Organization (ILO) Convention No. 180 regulates emergency drills and instructions onboard ships in a manner that does not reduce the rest periods of shipmans. Accordingly, it is stated that the captain may always require shipmans to work when there is a danger to the ship’s crew, cargo, or other ships and persons onboard. However, such work should be considered outside normal working hours and should not be deemed as overtime.

Similar provisions are found in Maritime Labour Law in Turkey. Due to the working conditions at sea, Maritime Labour Law does not allow overtime work in certain circumstances. These circumstances include:

• Tasks deemed necessary by the captain for the safety of the ship’s crew, cargo, or the ship itself,
• Additional tasks required due to customs, quarantine, and other health formalities,
• Firefighting, abandoning ship, conflict at sea, rescue at sea, and defense instructions during ship navigation or in port.

Regardless of whether such work is carried out at sea or in port, it is crucial for the safety of the ship, cargo, and passengers. The shipman is obligated to comply with the captain’s requests for such work, including determining the duration and extent of the work, and does not have the right to refuse. Otherwise, the employment contract may be terminated with just cause.

• DOCUMENTATION OF OVERTIME UNDER MARITIME LABOUR LAW

According to Maritime Labour Law, the working hours of a shipman refer to the time spent on duty or on watch. The employer or their representative is obliged to post a schedule showing the shipman’s shifts, meal times, and rest periods in a place where the shipman can see it.

Furthermore, according to Article 28 of Maritime Labour Law, the employer or their representative must keep a separate ledger, notarized by a notary public, to document overtime work under Maritime Labour Law in Turkey. This ledger records the date and the corresponding amount of overtime worked, along with the applicable percentage of the shipman’s wage increase and the overtime pay earned. These ledger and documents serve as evidence of the overtime work performed.

In practice, in addition to the ledger that the employer is required to keep under the Collective Bargaining Agreement (CBA), overtime work performed outside of this ledger is recorded in another ledger belonging to the shipman, ensuring dual verification. However, the failure of the employer or their representative to keep this ledger does not invalidate the shipman’s claim for overtime under Maritime Labour Law.

Any evidence, such as workplace records, ship logs, payroll records, and witness statements, can be used to prove that the maritime workers worked overtime. However, if the ledger is maintained and the shipman signs it without any objection, they cannot claim to have worked overtime beyond the hours recorded in the ledger.

• OVERTIME PAY UNDER SEAFARERS RIGHTS IN TURKEY

According to Maritime Labour Law, overtime pay must be fully paid by the employer or their representative in accordance with the times, places, and periods specified in the shipman’s maritime employment contract to ensure the protection of shipman rights under Maritime Labour Law in Turkey.

In the judicial practice of the Court of Cassation, there is a practice known as “equity reduction.” This practice emphasizes that it is not normal for shipmans to work long periods in the same manner and that deductions should be made from working hours considering the days when shipmans are on leave, sick leave, or have legitimate excuses. This aims to protect the health of shipmans and meet their basic needs under seafarers rights in Turkey.

When calculating overtime pay, it is stipulated by the Turkish Code of Obligations and the Labour Law that the hourly wage for each hour of overtime work should be increased by 50% of the normal hourly wage. However, from the perspective of Maritime Labour Law in Turkey, it is stated that an amount not less than 25% should be determined, avoiding unnecessary distinctions arising from the nature of the work.

TERMINATION OF MARITIME WORKERS EMPLOYMENT CONTRACT WITH JUST CAUSE

The maritime workers employment contract of a shipman can be terminated without notice under certain conditions. In this case, shipman rights are protected under Maritime Labour Law in Turkey.

• Non-payment of Wages: If the employer fails to pay the wages as required by law or the employment contract, the shipman has the right to terminate the contract without notice.
• Non-Compliance with the Law: If the employer or their representative acts contrary to the law, employment contracts, or working conditions, and violates the rights of the shipman, the shipman may terminate the contract without notice.
• Violation of Maritime Rules: If the employer or their representative acts against maritime rules or behaves immorally or unethically towards the shipman, the shipman can terminate the contract without notice.

Article 14 of the Maritime Labour Law includes certain situations that grant the right to terminate the employment contract without notice to the employer or their representative. These situations are as follows:

• Extended Absence from Long Voyages: If the ship is withdrawn from service for more than 30 days for any reason, the employment contract can be terminated without notice and without compensation.
• Illness or Disability: If the shipman suffers from an illness or disability that continuously prevents them from working on board, the employment contract can be terminated without notice and without compensation.

Just like termination with notice, termination without notice will have legal consequences in accordance with the relevant articles of Maritime Labour Law. The employer or their representative must inform the shipman in writing of the reasons for termination and protect the rights of shipman in Turkey. If written notification is not possible, the situation is documented in a report.

IS THERE A RIGHT TO REINSTATEMENT LAWSUIT IN MARITIME LAW IN TURKEY?

The concept of “reinstatement” as found in labor law is not directly regulated in maritime law. Therefore, even if a shipman’s maritime employment contract is unjustly terminated, they do not have the right to file a lawsuit in Turkey. Instead, the shipman may demand labor claims, and if they prove that the employer terminated the contract in bad faith, they have the right to receive certain compensation under the Maritime Labor Law No. 854.

If the shipman can prove that the employer terminated the employment contract in bad faith, they can claim compensation for up to 3 months. This compensation aims to compensate for the material losses resulting from the unjust termination of the shipman’s employment contract and is determined in accordance with the relevant articles of Maritime Labor Law No. 854.

However, the absence of the right to file a reinstatement lawsuit does not reduce the shipman’s obligation to protect and prove seafarers rights in Turkey during the termination process. The shipman can present the necessary evidence to prove that the employer made an unjust termination and can pursue their rights in the legal process.

In conclusion, although the concept of reinstatement is not present in maritime law, if a shipman is unjustly dismissed, they can demand labor claims and have the right to receive certain compensation if they can prove that the employer terminated the contract in bad faith. It is important for shipmans to fully understand their seaman rights and obligations under maritime law and to seek legal support when necessary.

THE RIGHTS OF SHIPMAN IN TURKEY TO RETURN TO THEIR COUNTRY IN CASE OF TERMINATION OF THE MARITIME EMPLOYMENT CONTRACT

The obligation to return to the country generally involves the shipman returning to the port attached to the ship after the employment contract is terminated for a justifiable reason, and during this journey, all necessary expenses are covered by the employer. This obligation is fulfilled under the responsibility of the employer. Before the Maritime Labor Law came into force, this opportunity, which was only valid for captains, is now valid for all shipmans.

The concept of repatriation is usually used for travels abroad. However, Article 23 of the Maritime Labor Law regulates that if the maritime employment contract is terminated at any Turkish port, the shipman must be repatriated domestically. This article determines the domestic repatriation process in case of the shipman’s dismissal by the employer or the termination of the contract.

THE IMPORTANCE OF WORKING WITH MARITIME LAW FIRM IN TURKEY FOR THE PROTECTION OF SEAFARERS RIGHTS IN TURKEY

Working with maritime law firm in Turkey is highly important for businesses and individuals operating in the maritime sector. This is because maritime law is considered as a distinct branch with its own special laws and regulations. Effective management of legal processes and protection of rights in this field require technical knowledge and experience. Some key points emphasizing the importance of working with maritime law firm in Turkey include:

• Special Laws and Regulations: Maritime law is regulated by its own special laws and regulations. Therefore, it is important for businesses and maritime personnel to work with experienced maritime law firm in Turkey. These professionals are familiar with the complexity of maritime law and guide their clients in compliance with the regulations.
• Technical Knowledge and Expertise Requirement: Maritime law often involves complex technical details and is specifically tailored to meet the unique needs of the maritime sector. Hence, maritime law firm in Turkey is managed by maritime law attorneys and consultants who specialize in this field. These professionals understand the specific terminology and practices in the maritime industry and provide their clients with appropriate legal solutions.
• Application of Labor Law Provisions: Maritime law not only encompasses specific legal regulations tailored to the maritime sector but also includes general labor law principles. Therefore, maritime law firm in Turkey can also apply labor law provisions when necessary and provide their clients with comprehensive services.
• International Dimension: The maritime sector typically operates on an international scale. International maritime law, international trade law, and various other branches of law fall within this realm. Consequently, maritime law firm in Turkey specialize in international legal matters as well. This expertise can assist clients in areas such as international maritime law, ship operation regulations, and international maritime accidents.

In conclusion, working with maritime law firm in Turkey is important for businesses and individuals operating in the maritime sector because maritime law is a specialized field requiring technical knowledge, experience, and an international perspective. Maritime law firms have equipped and specialized teams to provide clients with legal solutions tailored to the complexities of the maritime industry.