The rights of a yacht captain and crew cannot be determined by looking only at the job title or the flag of the vessel. First, the national law that applies to the foreign element is identified; then, within Turkish law, it is established whether the Maritime Labour Act, the Labour Act or the Turkish Code of Obligations (TBK) applies. The real employer, the working time, the pay arrangement and the way the contract ends directly change the outcome of wage, leave and compensation claims.
Private use of a yacht, its registration in the name of a foreign company or its laying up at the end of the season does not deprive the employee of all rights. On the other hand, not every rule that applies to a land-based worker can be carried over unchanged to yacht personnel. This article deals with the captain and crew working under an employment relationship. The distinction between an independent service provider acting on its own account and a person who is dependent on an employer must be made on the basis of the actual working arrangement, before the title written in the contract.
Which Yacht Workers Are Covered by the Maritime Labour Act?
Article 1 of the Maritime Labour Act No. 854 (Deniz İş Kanunu) covers seafarers employed under an employment contract on Turkish-flagged vessels of 100 gross tonnes or more operating on seas, lakes and rivers, and their employers. The scope widens if the total tonnage of vessels belonging to the same employer is 100 or more, or if the employer engages at least five seafarers. This extension is not a general exception to the Turkish-flag requirement.
Accordingly, it may be wrong to exclude a captain working on a small yacht simply by reference to that yacht's tonnage. The employer's other boats and total staff must also be examined. The presence of different legal entities within the same company group does not by itself justify combining all the tonnage and employees; the real employer and the legal relationship must be identified.
Article 2 of the Act includes the captain, together with the other persons employed on board under an employment contract, among the seafarers. The fact that a captain has management or agency duties for the employer does not in every case remove the rights that arise from being an employee. However, the exceptions relating to fixed working periods and the captain's powers are assessed separately.
If the Maritime Labour Act No. 854 does not apply, does the Labour Act No. 4857 apply directly?
No. Article 4 of the Labour Act No. 4857 (İş Kanunu) excludes maritime transport from its scope, and certain exceptions, such as specific loading and unloading work at coasts, ports and piers, are regulated separately. For an employment relationship in maritime transport that does not fall under Law No. 854, the provisions of the TBK, Article 393 et seq., may come into play if Turkish law applies. For different duties performed on land, the scope of Law No. 4857 is examined separately.
The purpose of the private yacht's use, the work actually done by the staff and the degree of dependence are important. The statements "all yacht workers are subject to Law No. 854" or "everyone not covered by Law No. 854 falls under Law No. 4857" are not correct. The occupation code used in the social security (SGK) record is a supporting piece of evidence; it does not alone determine the legal regime.
What Does a Foreign Flag and the Choice of Law Change?
For a Turkish citizen working on a yacht flying a foreign flag, two separate questions arise: which country's law will govern the dispute, and, if Turkish law applies, which labour legislation is valid? Turkish citizenship alone does not make Turkish law mandatory for every labour claim. Likewise, a foreign flag alone does not mean that all provisions of foreign law apply. For the conditions of use in Türkiye of yachts under foreign flags, see the article on foreign-flagged yachts staying in Türkiye.
Article 27 of the Private International and Procedural Law No. 5718 (MÖHUK) governs the choice of law, the country where the employee habitually performs the work, and other connections. Temporary work in another country does not automatically change the habitual place of work. Where the work is not habitually performed in a specific country, the main place of business connection and closer ties are assessed. For this reason, the starting and ending points of voyages, the centre from which instructions are given, the organisation of work and the genuine connections of the contract carry weight.
Following the Constitutional Court decision of November 5, 2024, E.2023/158, K.2024/187, Article 27(1) and Article 27(4) of Law No. 5718 were amended on June 4, 2025 by Article 18 of Law No. 7550. The choice of law cannot remove the minimum protection arising from the mandatory provisions of the law of the habitual place of work. The possibility of switching to a law with closer ties has been written to cover also cases in which a choice of law has been made; mandatory provisions applied at the place where the work is performed at the relevant time are preserved. For this reason, it cannot be said solely on the basis of news of the annulment that "a choice of law in an employment contract is no longer possible."
Being able to bring a case in Türkiye and the application of Turkish law are different questions. Jurisdiction, the protection of jurisdiction for individual employment contracts under MÖHUK and the concrete connections are assessed separately. The inclusion of a foreign court in an employment contract does not in every case remove all the avenues of recourse available in Türkiye.
Who Is the Correct Party for a Labour Claim?
The owner, the yacht management company, the crew supply company and the representative who signed the contract may all be different. The roles of the companies or persons who recruit the staff, assume the obligation to pay wages, organise the work and benefit from the performance of the work are determined. A company that signs as representative cannot be presumed to be the employer in its own name; equally, a genuine employment relationship cannot be concealed merely by relying on the title of the contract. For the powers and liabilities of a management company, see the article on yacht management contracts, authority and accountability.
The decision of the Court of Cassation, 9th Civil Chamber (Yargıtay 9. Hukuk Dairesi), dated December 9, 2025, E.2025/6379, K.2025/9691, is important for these distinctions. The Chamber found that applying Law No. 854 to a period spent under a foreign flag was wrong, and assessed that period under the TBK. It also stated that a mere organic link between companies is not sufficient for joint liability, and that concrete legal relationships, such as joint employment or transfer of the workplace, must be established. The decision should not be read as meaning that the TBK applies directly in every case with a foreign element without an examination under MÖHUK. For the relationship between seafarers' wages and the ship mortgage, see the article on yacht financing and ship mortgage registration.
Where personnel work on different boats during the season, it is useful to prepare, for each period, a schedule showing the boat, the flag, the employer and the dates of joining and leaving. This record helps both to identify the correct opponent and to determine the periods for which the rights are calculated. A claim that "I worked continuously in the fleet" must be supported by contracts and records of actual duties.
How Are Wage and Overtime Claims Determined?
Under Article 5 of the employment contract under Law No. 854, the contract must be written and drawn up in two copies, one of which is given to each party. The identity, duties, vessel, duration, wages and other working conditions set out in Article 6 must be clearly stated. The absence of a written document does not mean that rights arising from an employment relationship actually established cease to exist; it affects their proof and the sanctions that can be applied.
The amount of the wage, its currency, whether it is gross or net, the payment day, the season bonus, the sharing of tips and expense advances should each be stated separately. An advance for fuel or provisions is not treated as wages merely because it was deposited in the same account. Separating regular wage supplements from expense reimbursements is also necessary for the calculation of the wage on which severance is based.
Where there is a payment dispute, the employment contract, payslips, bank transactions, correspondence and records of duties are assessed together. The claim that a payment was made in cash does not by itself prove that the payment was made. Bank statements should make clear to which month and which claim the transfer relates. Where wages have been agreed in a foreign currency, the currency of payment and the choice of currency for the claim must be planned in advance. For the evidential value of messaging records, see the article on WhatsApp messages and digital records as evidence.
Article 26 of Law No. 854 sets the general working time at eight hours a day and forty-eight hours a week. Work performed on board and shift work are assessed within this framework. Living on the yacht or spending the night on board does not mean that the whole period is uninterrupted work; however, where rest is recorded on paper, the actual calling to duty and the actual performance of work cannot be ignored.
Article 28 of Law No. 854 provides that the hourly wage for overtime must be increased by at least 25 percent. More favourable provisions in the employment contract or in a collective agreement are also taken into account. The automatic transfer of the periods and rates in Law No. 4857 is incorrect. Where the work falls under the TBK rather than Law No. 854, overtime is examined under its own regime.
Has the right to overtime for a captain been removed in every case?
No. The exception in Article 27 of Law No. 854 is regulated, for example, for the first captain on a vessel with more than one captain and for the representative as provided in the Act. It cannot be said that every yacht captain falls within the exception simply because of his or her title. The staffing arrangement on board, the person's actual duties and the conditions of the relevant paragraph must be investigated.
Compulsory work for the protection of life, property and the safety of the vessel, and the other special cases mentioned in Article 28, are also treated separately in calculating overtime. Recording ordinary customer service as a continuous "urgent safety task" is not enough. Shift schedules, overtime logs, voyage records and the periods directly known to co-workers who witnessed the work are important. The scope and validity of a clause stating that overtime is included in the wage are also reviewed; such a clause does not grant unlimited authority to work.
Leave, Rest and Gaps at the End of the Season
Under Article 40 of Law No. 854, a seafarer who works for at least six months within a calendar year, under one or several contracts with the same employer or on the same vessel, is entitled to paid annual leave. For service between six months and one year, the leave is at least 15 days; for service of one year or more, it is at least one month per year. The right to annual leave cannot be waived. These conditions should not be confused with the annual leave table in Law No. 4857.
Laying up the yacht at the end of the season does not in itself prove that the employee took paid annual leave. Questions should be answered as to whether the contract is still in force, whether the person continues to perform maintenance or watch duty, whether leave dates were notified and whether the wages were paid. A gap between contracts is also not automatically treated as annual leave without concrete documents.
Weekly rest and national holiday work are governed by special statutory provisions relating to the yacht's activities. Being on a voyage requires an investigation of the days actually worked. In the Court of Cassation decision of 2025 referred to above, it was also stated that the voyage dates of the vessel must be determined together with witness testimony. Where records exist, it should not be assumed on the basis of general witness statements alone that the whole season was spent in the same way. For the limits of witness evidence, see the article on witness evidence in legal disputes.
Which Compensation Arises When the Contract Ends?
Fixed term, voyage and indefinite term
Article 7 of Law No. 854 permits a contract to be concluded for a fixed term, for a voyage or for an indefinite term. Expiry of the term and early termination by the employer are not the same. If the term expires while the vessel is at sea, the rule in the Act requiring the vessel to reach its first port and be secured applies. The consequence of continued work is assessed under Article 8.
In its decision E.2025/6379, the Court of Cassation found that fixed-term periods of work with intervals under Article 7 of Law No. 854 could not be converted into indefinite-term contracts merely because they were repeated. For this reason, the fixed-term rules of Law No. 4857 should not be transferred directly to every maritime employment contract. On the other hand, a conclusion cannot be reached solely on the basis of the title of the document without examining the real nature of the contract and the continuity of work.
Article 16 of Law No. 854 sets out, for indefinite-term contracts, special protection for the first six months and a notice regime of two, four, six or eight weeks depending on length of service. The provisions relating to the first six months, including their status, should be read separately. Early termination of a fixed-term contract does not automatically give rise to the same notice pay; under the appropriate regime, the remaining term and other compensation options are examined.
Termination for cause, severance and TBK compensation
Non-payment of wages may require an assessment of termination for cause; however, the existence of the claim, the payment date, the delay and the termination notice must be documented. The grounds and periods under Articles 14 and 15 of Law No. 854 are important. For termination under Article 15, the six-working-day period running from learning of the grounds and the one-year limit running from the act must not be overlooked. The grounds for termination and the content of the notice are decisive in any later dispute.
Under Article 20 of Law No. 854, length of service and the grounds for ending the employment set out in the Act are considered together for severance. Even where the minimum one-year service requirement is met, not every termination gives rise to severance. Where the conditions are met, the 30-day wage basis for each full year, the proportion for the remaining period and the ceiling in force are assessed. Severance already paid for the same period cannot be claimed again.
For work governed only by the TBK, severance under Law No. 854 does not apply automatically. For unjustified immediate termination under Article 438 of the TBK, compensation linked to the notice period or the remaining term, and any additional compensation the judge may award at discretion, depend on separate conditions, which vary with the type of contract. Deductions may come into play for expenses saved over the remaining term and for income obtained, or deliberately not obtained, from other work. These compensation items must be claimed by their names and under their conditions.
The reinstatement system under Labour Act No. 4857 does not apply to every seafarer under Law No. 854 or the TBK simply because the person is an employee. Applicable contracts, collective arrangements and foreign law protections, if any, must be examined separately. The proof of the reason for termination relied on by the employer and the legal basis of the claim sought by the worker must be kept clearly distinct.
Work Accidents, Social Security and Foreign Personnel
An event such as a fall on deck, injury from a rope or an incident during maintenance may qualify as a work accident where the conditions are met. The employer's duty to protect the worker and to provide safe working conditions is assessed together with appropriate equipment, training, maintenance and work arrangements. Article 417 of the TBK and the applicable occupational health and safety provisions form the basis of this assessment. The fact that the accident happened on a yacht does not by itself show that every incident is subject to the same social security regime. For liability for accidents to third parties, see the article on liability in yacht and boat accidents.
The SGK notification, insurance and premium records should be assessed together with work under a foreign flag, posting abroad and any bilateral social security agreement. Emergency medical treatment and official notifications should not be delayed; reports, witness statements and shift and maintenance records should be preserved. The relationship between an insurance payment and the material and non-material compensation to be claimed from the employer is calculated separately according to the type of payment.
For foreign personnel, the work permit or exemption certificate, professional qualification requirements and citizenship conditions under flag legislation are separate headings. A residence permit alone does not confer the right to work. Certain foreign seafarers working on vessels registered in the Turkish International Ship Registry, outside coastal trade, may benefit from an exemption subject to conditions, such as a bilateral protocol and compliance approval. This exception cannot be generalised to all yachts or all foreign captains. The current application conditions and channel must be verified with the Ministry of Labour and Social Security.
Making a Claim, Courts and the Evidence File
Article 5 of the Labour Courts Act No. 7036 (İş Mahkemeleri Kanunu) places disputes between employer and employee arising from an employment relationship governed by the TBK within the duties of labour courts. Application of the TBK therefore does not mean that every current file will be brought before a civil court of first instance. Applying the transitional provisions of earlier decisions to today's application without examining them is incorrect.
For labour claims arising from wages and termination, mediation is generally a mandatory precondition before litigation. Claims for material and non-material compensation arising from work accidents and occupational diseases, and related determination, objection and recourse actions, are excluded from this requirement under Article 3(3). A vague heading such as "labour claims" without specifying the period and the claims determines the limits of the dispute poorly; the claims and the periods should be clearly identified. Where needed to secure the claim, see the article on precautionary attachment of ships and yachts.
The limitation period is calculated by reference to the date on which the wage became due, the date of termination, the type of claim, the applicable law and the transitional provisions. The five-year period for wage claims and the start of the period for claims dependent on termination are not the same. The provisions suspending time limits during mediation do not revive a time limit that has already expired before the application. An ordinary e-mail sent to the employer does not, in every case, interrupt the limitation period.
The application file should include the contracts, vessel and flag information, employer records, payrolls, bank payments, shift and voyage schedules, leave documents and termination correspondence. A release or lump-sum payment document signed on leaving should be examined for the mandatory conditions of validity that apply. It should not be assumed that all rights have ended merely on the basis of the title of the document.
Conclusion
To determine a yacht worker's rights correctly, first the applicable law and the employer should be identified, and only then the calculation of the claim. Calculations prepared without establishing the flag, tonnage, total staff, real duties and type of contract may be misleading. Regular records of work and payment protect both the employee and the employer. When a dispute arises, the claims for termination, wages, leave and work accidents should each be dealt with according to their own conditions and time limits.
Frequently Asked Questions
If I work on a small yacht, am I outside the Maritime Labour Act?
Not necessarily. The Turkish-flag requirement together with the employer's total tonnage or the employment of at least five seafarers may widen the scope. The length or tonnage of a single yacht alone is not a sufficient criterion. Details: Which yacht workers are covered by the Maritime Labour Act?.
Does working under a foreign flag prevent seeking rights in Türkiye?
It does not do so automatically. Jurisdiction of Turkish courts and the applicable law are examined separately. Where Turkish law applies, the provisions of the TBK may come into play instead of Law No. 854. Details: What does a foreign flag and the choice of law change?.
Because I am a captain, can I not receive overtime pay?
Such a result does not follow from the title alone. The exception in Article 27 of Law No. 854 is examined in light of its conditions, including the number of captains on the vessel and the organisation of duties. Actual work and shift records are important. Details: Has the right to overtime for a captain been removed in every case?.
Are severance and notice pay definitely paid when the season ends?
Not necessarily. Expiry of the term, termination for cause and early termination by the employer lead to different outcomes. The applicable law, length of service and whether the contract is for a fixed or indefinite term are assessed together. Details: Which compensation arises when the contract ends?.
Must I go to mediation first for work accident compensation?
Under Article 3(3) of Law No. 7036, work accident and occupational disease compensation claims are not subject to the mandatory requirement. Wage or termination claims do not automatically benefit from the same exception. Details: Making a claim, courts and the evidence file.
When the management company changes, are past wages erased?
They are not. However, the liability of the former and new companies is determined according to the transfer of the workplace or contract and the real employer relationship. The mere fact that companies belong to the same group is not sufficient for joint liability for all debts. Details: Who is the correct party for a labour claim?.
Sources and legal bases
1 — Maritime Labour Act No. 854 (Deniz İş Kanunu): in particular Articles 1–8, 14–20, 26–29, 40–43 and 48. Official text of the Ministry of Labour and Social Security and official explanations.
2 — Labour Act No. 4857 (İş Kanunu): in particular Article 4 and the scope exceptions. Text as adopted by the Turkish Grand National Assembly.
3 — Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu): in particular Articles 146–147, 393 et seq., 402, 417 and 438. Text as adopted by the Turkish Grand National Assembly.
4 — Constitutional Court (Anayasa Mahkemesi): November 5, 2024, E.2023/158, K.2024/187. Official text of the decision. Article 18 of Law No. 7550: amendment of Articles 27(1) and 27(4) of Law No. 5718, Official Gazette (Resmî Gazete) of June 4, 2025, repeated issue 32920 (Mükerrer). Official Gazette text.
5 — Court of Cassation, 9th Civil Chamber (Yargıtay 9. Hukuk Dairesi): December 9, 2025, E.2025/6379, K.2025/9691. Full-text access record. Examined in respect of the flag, employer, fixed-term and work records.
6 — Labour Courts Act No. 7036 (İş Mahkemeleri Kanunu): in particular Articles 3 and 5. Official text of the Ministry of Justice and explanations on mediation.
7 — Ministry of Foreign Affairs (Dışişleri Bakanlığı): announcement on work permit exemptions dated January 18, 2023, the paragraph on seafarers. General Directorate of International Labour Force, Ministry of Labour and Social Security (Uluslararası İşgücü Genel Müdürlüğü): current leave and exemption application information. The dated announcement has not been used as a substitute for all current procedural details. Source check: October 13–14, 2026.