The Maritime Labor Law is a specialized branch of the Saudi Labor Law designed to regulate employment relationships aboard ships. It aims to ensure fairness and balance between the shipowner (the employer) and the seafarer (the employee).
This law applies to everyone working aboard a vessel flying the Saudi flag, whether the ship is in port or at sea.
1. Definition of the Maritime Employment Contract (Article 176)
According to the law, a maritime employment contract is:
“A contract under which a person undertakes to work on board a ship for a wage under the supervision of its owner or master.”
Example:
A Saudi deckhand signs a contract to work on a cargo ship sailing to Singapore for a fixed monthly wage. This is a maritime employment contract governed by the Saudi Labor Law provisions.
2. Employer’s Obligations (Shipowner or Operator)
The law requires shipowners to fulfill several key obligations:
- Provide accommodation and food on board.
- Ensure medical care and safety for the seafarer.
- Pay wages in Saudi currency on time.
- Repatriate the seafarer to his home port at the end of the contract.
Example:
If a seafarer is injured during duty, the shipowner must cover treatment and repatriation costs until full recovery — these costs cannot be deducted from the seafarer’s pay.
3. Seafarer’s Duties and Responsibilities
The seafarer is legally bound to:
- Follow the captain’s orders without negligence.
- Safeguard the ship’s tools and equipment.
- Avoid leaving the ship without permission.
- Maintain discipline and professional conduct.
Example:
If a crew member leaves the vessel at a foreign port without permission, it may constitute a breach of contract and lead to legal action.
4. Working Hours and Leave
Per Article 179, seafarers’ working hours at sea must not exceed 14 hours within 24 hours, and 72 hours within seven days.
They are also entitled to rest periods and paid annual leave, as defined in the executive regulations.
5. Termination of the Maritime Employment Contract
A maritime employment contract may be terminated in the following cases:
- Expiry of the agreed term or completion of the voyage.
- Permanent disability or health-related inability to continue work.
- Material breach by either party.
- Force majeure or unavoidable maritime incidents.
The shipowner must return the seafarer to the departure port and cover all food and accommodation expenses during repatriation.
6. Unlawful (Unjust) Termination
Termination is considered unlawful when it occurs:
- Without a legitimate legal cause.
- During the seafarer’s illness or approved leave.
- In retaliation for a lawful complaint filed by the seafarer.
In such cases, the seafarer is entitled to financial compensation or reinstatement, as determined by the competent labor authorities.
Example:
If a crew member is dismissed for reporting unsafe living conditions on board, the termination is unlawful, and the seafarer may claim compensation under Article 184.
7. End-of-Service Benefits
When a maritime contract ends, the seafarer is entitled to End-of-Service Benefits (ESB) similar to other employees under Saudi labor law.
The amount is calculated based on the final basic wage and the total years of service.
Frequently Asked Questions (FAQs)
1. Does the maritime labor law apply to foreign workers?
Yes. The law applies to all persons working on ships flying the Saudi flag, regardless of nationality.
2. What happens if the ship sinks?
The seafarer remains entitled to his wages up to the date of the incident (Article 177).
3. Are seafarers entitled to annual leave?
Yes. They are entitled to paid annual leave as determined by the executive regulations.
4. Can a seafarer leave work during a voyage?
No, unless due to a valid medical or force majeure reason; otherwise, it is a breach of contract.
5. Which authority handles maritime labor disputes?
The Saudi Ministry of Human Resources and Social Development — through its Labor Dispute Committees — has jurisdiction over such cases.
Conclusion
The Saudi Maritime Labor Law serves as a comprehensive legal framework ensuring justice, safety, and dignity for those working at sea.
It harmonizes with international maritime labor conventions and protects both the seafarer’s rights and the employer’s obligations, creating a fair and sustainable maritime workforce.
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