maritime business law

Employer-employee relations at sea have their own legal rules. These rules are determined by maritime labor law. Employer and employer rights and obligations in normal land trade are basically available here, but when detailed, it is seen that they have different terms and conditions.


The Maritime Labor Law No. 854 is a law regulated for vessels carrying the Turkish Flag in sea, lakes and rivers, as well as their employees and employers. This law and related regulations are applied to disputes with maritime labor law.


We will draw you a general framework about maritime labor law, taking into account the functioning of these regulations and in practice. We will explain some concepts. Maritime workers are called seafarers in the law, and the Maritime Labor Law applies only to certain vessels and employees.


What is a Seafarer according to Maritime Labor Law → A crew that works on a ship with a service contract (employment contract) is legally considered a seafarer. The captain, officer and all other employees are seafarers and have the rights and obligations that the law gives to the seafarer. Deck class crews, miço, sailor, master blacksmith, deck boater, machine class crew, wiper, oiler, machine boatsman, auxiliary service class crew, stewardess, cook and other workers like these are considered as crew members.


To Whom the Maritime Labor Law Applies → The Maritime Labor Law No. 854; It is applied to seafarers and their employers who sail with the Turkish Flag in seas, lakes and rivers and work on ships with a gross tonnage of 100 or more. In other words, the two most basic elements are to carry the Turkish Flag and the ship to be at least 100 grosstonilato size. Groston is a unit of ship size and this size of the ship is determined by international organizations.


It should be noted that if the same employer operates at least 5 ships, the size of these ships is no longer important. Even if they are very small, they are subject to the Maritime Labor Law. In addition, vehicles such as boats, şat, salapurya are considered as ships in terms of maritime labor law.


Foreign Seafarers → In order for the provisions of this law to be applicable to foreign employees of vessels of foreign nationality but within the scope of the Maritime Labor Law, the relevant foreign State must grant the same rights to Turkish employees. In other words, within the framework of reciprocity, the provisions of the Maritime Labor Law can also be applied to foreign seafarers.


Below we will talk about the rights and obligations of the seafarer and the rights and obligations of the employer. We'll go into important detail about some of the most important of these rights and obligations. Maritime labor law rules have very important details, so we recommend you to read our article carefully.


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