Ulgener

Work Accidents on Foreign-Flagged Ships
_{Navigating Jurisdictional Complexities}

-Gül Alpay

The Work Accident Concept in Turkish Law

Work accidents are an unfortunate reality in every workplace. These accidents can lead to injuries, disabilities, or even fatalities, leaving workers and their families devastated.

In Turkish Labour Law, work accidents are defined as events that occur in the workplace or during the course of work and cause the death or disability of the worker, either mentally or physically. According to the Turkish case law, diseases such as cerebral haemorrhage and heart attack are also accepted as work accidents when they occur at the workplace.

When such accidents occur, the labour courts in Turkey have the competency to hear appeals related to them. The files are forwarded to the specialized departments of the Court of Appeal that deal with labour cases.

The Competent Court for Turkish-Flagged Ships

In Turkey, ships that are registered under the Turkish flag are subject to the Labour Law, and the labour courts have competency to hear cases related to work accidents that occur on these ships. Therefore, when decisions related to work accidents on Turkish-flagged ships are appealed, the files are forwarded to the specialized departments of the Court of Appeal that deal with labour cases such as the 10th Civil Chamber of the Court of Appeal. According to the established precedents of these departments, a worker's death due to a heart attack while at work on a Turkish-flagged ship is considered a work accident.

The Competent Court for Foreign-Flagged Ships

In the case of foreign-flagged ships, the situation is more complex. These ships are subject to the Law of Obligations in Turkey, and the commercial courts have competency over cases related to work accidents that occur on these ships. When decisions related to work accidents on foreign-flagged ships are appealed, the files are forwarded to different departments of the Court of Appeal, usually the specialized departments of the Court of Appeal that deal with maritime cases such as the 11th Civil Chamber of the Court of Appeal. However, the issue arises from the conflict of laws in such cases.

Differences in Result

To better understand the complexities surrounding work accidents in Turkish maritime law, we need to examine a recent case study. In this case, a Turkish seaman who worked as a "master seaman" on a foreign-flagged ship died of a heart attack due to the intense working conditions and heat. The heirs of the deceased sailor launched a case against the shipowner, claiming material and moral compensation.

The commercial court first examined whether Turkish law could be applied to the incident that occurred on the foreign-flagged ship in question. The court referred to Article 27 of the Law on International Private Law and Procedure, which states that if there is a choice of law, the law chosen shall apply, and if not, the law of the habitual place of work of the employee shall apply. However, if the employee does not habitually perform their work in a single country but does so in several countries, the employment contract shall be governed by the law of the country where the employer's main place of business is located. On the other hand, if there is a law that is more closely related to the employment contract according to all the conditions of the case, that law can be applied to the contract.

Accordingly, the court decided that Turkish courts has jurisdiction over the case since both the employee and the employer were Turkish in the present case. However, upon examination on the merits, the Court decided that the incident that occurred on the foreign-flagged ship was not a work accident under the Law of Obligations. The court concluded that the worker's age and pre-existing conditions played a role in the heart attack, making it inevitable and not a work accident. Moreover, the court found that the employer had not acted negligently or failed to take safety precautions, and therefore, the incident did not constitute fault liability. This decision was upheld by the 11th Civil Chamber of the Court of Appeal, which deals with maritime cases.

On the other hand, in a decision made by the 10th Civil Chamber of the Court of Appeal, which is the specialized department for labour cases, a different ruling was made in a similar case involving a Turkish seaman who worked as a "master seaman" on a foreign-flagged ship and who also died of a heart attack. However, in this case, the 10th Civil Chamber of the Court of Appeal considered it a work accident, based on established precedents. The court reasoned that the worker's death was caused by a heart attack that occurred in the workplace and during the course of work, and therefore, it constituted a work accident.[1]

This decision contradicts the ruling made by the 11th Civil Chamber of the Court of Appeal, which found that a similar incident that occurred on a foreign-flagged ship was not a work accident under the Law of Obligations since the employer did not have a fault; whether the incident occurred at the workplace was not taken into account. The conflicting rulings highlight the complexity and ambiguity surrounding the work accident jurisdiction for foreign-flagged ships.

While the approach to work accidents may differ depending on the flag of the ship, it is essential to ensure fairness and consistency in the treatment of workers and to avoid jurisdictional conflicts.

A more consistent and clear legal framework regarding “work accidents on foreign-flagged ships” which can be set by the General Assembly of Civil Chambers of the Court of Appeal, is necessary to protect the rights of workers in the maritime industry and ensure that they receive adequate compensation and support in the event of a work accident.

[1] In cases of work accidents, the liability of the employer is eliminated only in case of force majeure, gross negligence of the injured party or third party; in case of joint fault, the liability is shared in proportion to the fault of the parties.