The Constitutional Court, by its decision numbered 2022/154 E. and 2024/33 K., has annulled paragraph 7 of Article 40 of Law No. 854, which governs annual paid leave under the Maritime Labour Law. The decision was published in the Official Gazette dated 14 March 2024 (No. 32489).
Given the nature of maritime employment, which often involves demanding working conditions, the right to rest, particularly through the use of annual paid leave, is of fundamental importance. Ensuring that seafarers can take their leave without the risk of loss of income is essential.
However, paragraph 7 of Article 40 had allowed, under certain circumstances linked to the termination of employment, restrictions on seafarers’ ability to benefit from their annual leave entitlements.
In its reasoning, the Constitutional Court considered that the immediate annulment of the provision could create a legal gap contrary to the public interest. Accordingly, it ruled that the annulment would enter into force six months after its publication in the Official Gazette.
