I am a seafarer. Am I entitled to overtime pay?

(How is it calculated in a 24-hour work schedule?)

Ship crew are often employed with the understanding that "you're on board 24/7, so it's always overtime." Therefore, when it comes to overtime rights for seafarers ;

"Is every hour spent on board considered working hours?"
"How is overtime calculated for a seafarer working on a 24-hour basis?"
"Which applies, the Maritime Labor Law or the Labor Law?"

These questions are frequently raised.

This article examines the legal and practical aspects of seafarers' overtime rights and overtime calculations in a 24-hour ship schedule , within the framework of the Maritime Labor Law No. 854 and international maritime regulations

1. Legal Status of Seafarers and Applicable Laws

In Turkey seafarersgenerally to the Maritime Labor Law No. 854 ; not the Labor Law No. 4857, but the Maritime Labor Law, which is a special law, applies.

This special law:

Normal working hours,
The definition of overtime,
How much of an increase will be paid for overtime?

It also regulates. Thus, the right of a seafarer to overtime payis subject to a unique regime, distinct from general labor law.

2. Normal Working Hours: 8 Hours / 48 Hours Rule

According to the Maritime Labor Law, the general working hours for seafarers are:

8 hours a day,
48 hours a week.
Any time exceeding 8 hours daily and 48 hours weekly "overtime work" and is subject to overtime regulations.

In summary:

A seafarer's right to overtime pay arises from actual work exceeding the limit of 8 hours per day / 48 hours per week.

3. Overtime Pay: At Least 25% Increased

According to Article 28 of the Maritime Labor Law, the wage to be paid for each hour of overtime work performed by a seafarertheir normal hourly wage by at least 25% .

The parties may agree on a higher rate in the contract; however, a rate below 25% cannot be set.

In this respect:

While the Labor Law stipulates that overtime pay increased by at least 50% ,
The Maritime Labor Law includes a provision for a minimum 25% wage increase

4. What is a 24-hour work schedule? Does every hour spent on board count as work?

Ship crew often shifts ; for example:

4 hours work – 8 hours rest (4/8 shift system)
6 hours work – 6 hours rest,
Specific schedules such as 48 hours work – 48 hours rest.

Therefore, seafarers are often on board 24 hours a day; however, it is important to distinguish this crucial point:

The entire 24 hours spent on board is not working time.

As emphasized in the decision numbered 2020/5098 of the 22nd Civil Chamber of the Court of Cassation:

The entire time a seafarer spends on board a ship cannot be counted as working time;
which the individual is actually working or is under the employer's command and ready to work at any moment, without the possibility of rest, are considered working hours.

Therefore, on a 24-hour ship schedule:

Shift schedules,
Work/rest records,
Duty rosters

Taking this into account, the actual number of hours the worker works per day is determined; any hours exceeding 8 hours per day are considered overtime.

5. International Regulations: MLC 2006 and Maximum Working Hours in 24 Hours

The Maritime Labour Convention (MLC 2006), to which Turkey is also a party, and related international maritime standards, set upper limits on working and rest periods for seafarers in order to prevent the risk of excessive fatigue

Maximum 14 hours of work within a 24-hour period,
Maximum 72 hours of work in 7 days,
or equivalent
At least 10 hours of rest in 24 hours,
A minimum of 77 hours of rest in 7 days is required.

What does this mean?

When calculating the overtime rights of a seafarer, the Maritime Labor Law sets the "8/48" limit as the minimum basis.
International regulations impose an upper limit, prohibiting employees from being employed for more than 14 hours in a 24-hour period
Thus, the total daily working hours (including regular and overtime) are limited to 14 hours, and at least 10 hours of rest must be provided.

6. How is overtime calculated in a 24-hour work schedule?

6.1. Step-by-Step Calculation Logic

A seafarer's overtime pay is generally calculated as follows within a 24-hour work schedule:

the shift and work schedule (e.g., 00:00–04:00 work, 04:00–08:00 rest, 08:00–12:00 work, 12:00–16:00 rest, 16:00–20:00 work, 20:00–24:00 rest, etc.).
Add up the actual working hours within 24 hours
Consider 8 hours of this total as "normal working hours," and the remaining amount as daily overtime .
Perform this calculation for all 7 days of the week the total weekly working time .
Anything exceeding 48 hours per week is considered overtime (both daily and weekly overtime limits are counted as overtime)
Calculate your overtime pay by multiplying the total number of overtime hours you found by your hourly rate × 1.25 (or the higher rate in your contract)

6.2. Example Scenario

Let's assume that the daily work schedule of a ship worker, Nizami, is as follows:

08:00–12:00 → 4 hours of work
12:00–16:00 → 4 hours of rest
16:00–20:00 → 4 hours of work
20:00–24:00 → 4 hours of rest
00:00–04:00 → 4 hours of work
04:00–08:00 → 4 hours of rest

In this order:

Total actual working hours = 4 + 4 + 4 = 12 hours / day
Normal working hours = 8 hours
Daily overtime = 4 hours

If you work like this 7 days a week:

Total weekly working hours = 12 × 7 = 84 hours
Normal weekly duration = 48 hours
Weekly overtime = 84 – 48 = 36 hours

In conclusion:

Nizami's right to overtime pay stems from working 36 hours of overtime per week;
These 36 hours must be paid at least 25% higher per hour.

Furthermore, in this case, the worker the 72-hour/week limit set by MLC 2006 , resulting in a work arrangement that violates international standards.

7. Burden of Proof and Record Keeping: Books, Tables, and Records

Maritime Labor Law also imposes a specific record-keeping obligation on the employer:

The employer or their representative must prepare a schedule showing the seafarers' watches, meal and rest times , and post it where the seafarers can see it
A notarized ledger should also be kept for overtime work ; this ledger should show the number of days and hours worked overtime, as well as the pay rate. In practice, however, these records are often not kept completely and accurately. In such cases:

Ship-specific watch schedules,
Bridge/engine logbooks,
Captain/chief engineer instructions,
Port departure and arrival records,
Testimonies of the seafarers

This comes into play in proving overtime. According to Supreme Court precedents, if a seafarer "signs the seafarer's logbook without reservation ," the number of overtime hours recorded in the logbook is accepted as proof.

8. Conclusion: Being on board for 24 hours doesn't mean working 24 hours

Seafarers' overtime payis a significant labor entitlement protected by both national and international standards. In summary:

According to the Maritime Labor Law, the normal working hours for seafarers are 8 hours per day and 48 hours per week; any time exceeding this limit overtime .
Overtime pay at least 25% above the normal hourly rate.
MLC 2006 and related regulations provide additional protection against excessive fatigue at sea by introducing a rule of a maximum of 14 hours of work and a minimum of 10 hours of rest in a 24-hour period
A ship worker being on board for 24 hours does not mean that the entire 24 hours constitute working time; only actual work and uninterrupted standby periods are considered working time.
Shift schedules, work/rest records, and notarized ledgers are crucial for calculating and proving overtime.

Therefore, it is crucial for workers on board ships to keep records of their working and rest periods, shifts, and the actual work assigned to them as much as possible; and to work with a lawyer experienced in maritime labor law to avoid any loss of rights.

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I am a seafarer. Am I entitled to overtime pay?