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Decoding the future of law
This Technology Issue explores how digital transformation is reshaping legal frameworks across the region. From AI and data governance to IP, cybersecurity, and sector-specific innovation, our lawyers examine the fast-evolving regulatory landscape and its impact on businesses today.
Introduced by David Yates, Partner and Head of Technology, this edition offers concise insights to help you navigate an increasingly digital era.
2025 is set to be a game-changer for the MENA region, with legal and regulatory shifts from 2024 continuing to reshape its economic landscape. Saudi Arabia, the UAE, Egypt, Iraq, Qatar, and Bahrain are all implementing groundbreaking reforms in sustainable financing, investment laws, labor regulations, and dispute resolution. As the region positions itself for deeper global integration, businesses must adapt to a rapidly evolving legal environment.
Our Eyes on 2025 publication provides essential insights and practical guidance on the key legal updates shaping the year ahead—equipping you with the knowledge to stay ahead in this dynamic market.
Employment law in the Kingdom of Saudi Arabia (KSA) is primarily governed by the Labour Law (Royal Decree No. M/51 dated 23/8/1426H, corresponding to 27/9/2005G, as amended) and its Executive Regulations. In recent years, however, the maritime sector has been placed under a distinct regulatory framework through the Regulations and Procedures for Maritime Employment and Certification and the prescribed standard-form sea workers’ contract.
At first glance, both regimes share the basic purpose of regulating employment and protecting workers. On closer examination, they diverge significantly in contract formality, working hours, termination protections, repatriation, welfare, and dispute resolution. These differences directly shape how organisations recruit, manage, and safeguard their workforce. This article looks at how the two regimes differ in structure, obligations, and practical consequences for employers and workers.
Ordinary employment contracts fall under the Labour Law and its Executive Regulations. By contrast, sea workers’ contracts operate under a dedicated maritime framework applying to Saudi-flagged vessels and foreign ships in Saudi waters. This regime incorporates global maritime standards and imposes requirements including safety certifications, medical fitness, and seafarer service records for Saudi nationals working outside national maritime zones. Determining which regime applies is the first step in forming a compliant contractual relationship.
Under the Labour Law, contracts may be written and will deem to exist even if unwritten, provided essential terms are provable. Maritime rules require a stricter structure: the contract must be written, bilingual, executed in triplicate, and uploaded to the approved portal. In addition, the contract and all disciplinary or termination actions must be recorded in the ship’s logbook and, where relevant, endorsed by a Saudi consular representative. These records carry evidential weight and make the maritime contract a regulatory instrument rather than simply a private agreement.
The Labour Law applies broadly, subject to limited exclusions. Maritime rules apply specifically to workers serving on board vessels and exclude naval and pleasure-craft crews. Saudi nationals may not work on ships navigating outside the KSA’s waters, unless registered with the competent maritime authority.
Minimum working age also differs. Onshore workers must be at least 15, with exceptions for training. At sea, the minimum age is 18, with limited training allowances for 16- and 17-year-olds, subject to supervision and mandatory safety training. This reflects the hazards of marine work.
While the Labour Law permits fixed-term and indefinite contracts, maritime contracts may be tied to a voyage, multiple voyages, or a charter period. They include specialised termination rules.
These rules reflect the operational nature of maritime employment, combined with safeguards that have no equivalent in the Labour Law.
Labour Law limits working hours to eight per day, or 48 per week. Maritime rules recognise continuous voyage demands: maximum working hours are 14 hours within 24 hours and 72 hours within seven days, with mandatory rest periods of 10 hours within 24 hours and six hours within any 12 hours.
Rest and work hours must be logged. Authorities may inspect logbooks to verify compliance, and breaches can result in labour penalties or detention of the vessel — significantly more immediate consequences than typical onshore violations.
Both systems require wage protection and monitoring through the Wage Protection System. Maritime rules introduce additional layers.
Shipowners must also maintain financial coverage for medical care, repatriation, and wage liabilities to prevent crew abandonment, an issue of international concern. This financial security requirement is unique to maritime employment and absent from the general Labour Law.
Under the Labour Law, annual leave starts at 21 days, rising to 30 after five years. Maritime workers accrue 30 days per year, or 2.5 days per month for voyage-based contracts.
If a contract ends abroad, the employer must cover full repatriation costs, including transport, food, and personal belongings. The shipowner must also fund medical treatment for any injury or illness arising during service (subject to limited exceptions for wilful misconduct).
In case of death, the employer must arrange and fund burial in the seafarer’s home country and deposit outstanding entitlements with the competent authority. If the death occurs while defending the ship, passengers, or cargo, heirs receive an additional sum equal to three months’ wages or the voyage wage.
Maritime regulations also impose detailed welfare standards. Ships must provide suitable accommodation, food, and medical supplies. Depending on the voyage length and crew size, a qualified doctor may be required on board. Living conditions must be inspected regularly, with records maintained in the official logbook.
While both regimes allow disciplinary measures, maritime rules require written notice, allow challenges, and impose limits on deductions. All disciplinary actions and dismissals must be recorded in the ship’s journal.
Dispute resolution also differs. Labour Law disputes are heard before the Labour Courts. By contrast, sea workers’ contracts (and electronically authenticated standard contracts) are deemed executive instruments enforceable before the Enforcement Court, enabling more rapid recovery of unpaid wages.
Maritime claims must be raised within one year from the end of employment, a significantly shorter limitation period than under the Labour Law. Where maritime provisions are silent, the Labour Law acts as a supplementary regime.
While the Labour Law provides a broad framework for employment relationships, the maritime regime functions as a specialised code adapted to the realities of life at sea. It demands greater contractual precision, imposes enhanced welfare and repatriation obligations, and incorporates protections arising from international maritime standards.
Sea workers’ contracts cannot be treated as an extension of ordinary employment agreements. Their distinct obligations, from wage guarantees to logbook-based discipline, reflect the unique risks of maritime service and the KSA’s commitment to aligning its maritime sector with global norms. As regional maritime activity expands, understanding these distinctions will become increasingly essential for organisations engaging with the sector.