The Constitutional Court's Cancellation Decision Regarding Annual Paid Leave in the Maritime Labor Law has been Published in the Official Gazette
March 20, 2024
The Constitutional Court's Decision No 2022/154 E and 2024/33 K, has been annulled the 7. paragraph of Article 40 of Law No. 854, which regulates annual paid leave in the Maritime Labor Law. This decision was published in the Official Gazette dated March 14, 2024, with the issue number 32489.
Due to the nature of the work, particularly in sectors with more demanding working conditions, such as maritime employment, the right to rest, especially through the utilization of annual paid leave, is crucial. Ensuring that seafarers can take their leave without the fear of income loss is of utmost importance. However, contrary to this necessity, Article 40, Paragraph 7 of the Maritime Labor Law envisaged the possibility of hindering seafarers from accessing their annual leave entitlements in certain circumstances, contingent upon reasons related to termination of employment.
Since the Constitutional Court deemed the legal gap that would arise with the annulment of the article to violate the public interest, it ruled that the annulment decision would come into force six months after its publication in the Official Gazette.