Article 177 of the Saudi Labor Law
المادة 177 من نظام العمل · الباب الحادي عشر: عقد العمل البحري
The article provides that a seaman is entitled to his pay up to the day of the incident if the ship is captured, sinks or becomes unfit for navigation.
Official text (Arabic)
This article has not been amended since the law was issued.
يستحق البحار أجره إذا أسرت السفينة، أو غرقت، أو أصبحت غير صالحة للملاحة، وذلك حتى يوم وقوع الحادث.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 177 explained in plain English
Article 177 of the Labor Law deals with a special case in the maritime work contract: the voyage stops because of an accident to the ship itself. The article specifies three cases to which the rule applies:
- The ship is captured.
- The ship sinks.
- The ship becomes unfit for navigation.
In any of these cases, the seaman is entitled to his pay up to the day of the incident. In practice this means two things:
- The incident does not remove the seaman's right to the pay he earned for the period he actually worked before the incident; this pay is an established debt owed by the shipowner (the maritime employer) that must be paid.
- Entitlement to pay under this article ends on the day of the incident, so a claim for pay for the days after it does not extend under this article, because the ship is no longer able to continue the voyage.
This rule is understood in the context of the neighboring articles: Article 176 deals with the position of a seaman whose pay is fixed as a share of profits or of the ship's freight, and provides that he is not entitled to compensation if the voyage is canceled, while Article 177 protects the minimum of the seaman's right, which is his pay for the days before the incident. Article 178 refers to the regulation organizing the maritime work contract, issued by decision of the Minister in coordination with the Transport General Authority, which covers the rights and obligations of the two parties to the contract and the provisions on repatriating the seaman; matters relating to these after the incident are referred to that regulation, and Article 177 itself does not set them.
If the shipowner refuses to pay the pay due up to the day of the incident, or a dispute arises over how it is calculated or over the date of the incident, it is appropriate for the seaman to consult a labor lawyer to assess his position and learn which authority to claim before.
Practical example
Khalid works as a seaman on a cargo ship belonging to a company in Jeddah, at an agreed monthly pay, and the voyage began at the start of the month. On the twentieth day of the month the ship suffered serious damage that made it unfit for navigation and the voyage stopped. Under Article 177, Khalid is entitled to his pay in full for the twenty days before the incident, and the company may not rely on the stopping of the voyage to deprive him of it, while this article gives him no pay for the days after the day of the incident. As for arrangements for returning him to his home country, the regulation organizing the maritime work contract referred to in Article 178 is consulted.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Active contributorFrequently asked questions about Article 177 of the Saudi Labor Law
Does a seaman lose his pay if the ship sinks?
No. Article 177 provides that the seaman is entitled to his pay up to the day of the incident if the ship sinks, is captured or becomes unfit for navigation.
Up to what date is a seaman's pay calculated when an incident befalls the ship?
Pay is calculated up to the day of the incident. Article 177 sets entitlement up to that day and does not extend it beyond.
What cases does Article 177 of the Labor Law cover?
The article covers three cases: the ship is captured, or sinks, or becomes unfit for navigation.
Does Article 177 regulate returning the seaman to his home country after the incident?
No. Article 177 is limited to entitlement to pay up to the day of the incident, while Article 178 refers the provisions on returning the seaman to his home country to the regulation organizing the maritime work contract, issued by decision of the Minister in coordination with the Transport General Authority.
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The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.