Seafarers' Rights and the Maritime Employment Contract in Oman

Working at sea is no ordinary job: the seafarer works and lives at the workplace, far from family and courts, exposed to risks the shore worker never meets. The Maritime Law issued by Royal Decree 19/2023 therefore devotes special provisions to the maritime employment contract, complemented by the protective mandatory rules of the Labour Law issued by Royal Decree 53/2023. Said Ibrahim Ambusaidi Advocates (SIA), a law firm in Muscat, explains seafarers’ key rights and how to enforce them.

What makes the maritime employment contract special?

The maritime employment contract is the agreement by which the seafarer undertakes to serve on a ship in return for wages. The Maritime Law insists on its documentation and particulars: the ship, the position, the wage and its accessories, and the contract’s duration or voyage. Its distinctiveness shows in rules with no shore-side equivalent: the operator’s obligations to feed and accommodate the seafarer on board, to treat him if he falls ill or is injured in service, to continue his wages in circumstances the law defines, and termination rules tied to the voyage and the port.

The mandatory rules of the Labour Law remain the general umbrella: its Article 4 voids any term less favourable to the worker than the statutory minimum, and Article 3 obliges the employer to provide the minimum rights prescribed by law.

Why is a seafarer’s wage a privileged debt?

The strongest feature of the seafarer’s legal position is that his wage is no ordinary debt: the Maritime Law ranks the wages of the master and crew earned in the ship’s service among the privileged debts secured on the ship herself, following her into whatever hands she passes and ranking ahead of many other debts, including the maritime mortgage. The practical consequence: a seafarer owed wages can seek the precautionary arrest of the ship while she lies in port as security — an extremely effective lever against a stalling operator.

What are your rights to medical care and repatriation?

Among the seafarer’s core rights: treatment at the operator’s expense if he falls ill or is injured during or because of service on the ship, and repatriation to his home country or the port of engagement when the contract ends or is terminated in a foreign port, at the operator’s expense in the cases the law prescribes. A seafarer may not simply be abandoned in a distant port without wages or a ticket home. Where the employment falls under social protection insurance schemes or the operator’s insurance covers, those protections stack on top.

How do you pursue your rights in practice?

1. Keep a copy of your maritime contract, your service record, and the ship’s particulars (name, flag, owner and operator).
2. Document unpaid wages, working hours and any injury in written reports and correspondence.
3. Claim promptly once wages fall due; passing time erodes the evidence, and maritime employment claims carry special time limits.
4. If the ship is in an Omani port and your wages are overdue, take immediate advice on precautionary arrest before she sails.
5. Follow the statutory labour dispute settlement route where it applies, then the competent court.

Key facts

• The maritime employment contract is governed by special provisions of the Maritime Law issued by Royal Decree 19/2023.
• The mandatory rules of Labour Law RD 53/2023 void any term below the statutory minimum, under its Articles 3 and 4.
• The wages of master and crew are privileged debts on the ship herself, ranking ahead of many debts including the maritime mortgage.
• A seafarer may seek precautionary arrest of the ship as security for overdue wages.
• Treating a seafarer taken ill or injured in service, and repatriation, are operator obligations in the prescribed cases.
• Written documentation of contract, wages and service is the foundation of any successful claim.

When to involve a lawyer

Involve a lawyer if your wages are overdue while your ship lies in an Omani port, if your contract was ended in a foreign port without repatriation, if you were injured in service and the operator refuses treatment or compensation, or if you are an operator wanting sound crew contracts that keep your ship out of arrest.

At Said Ibrahim Ambusaidi Advocates we represent seafarers in wage and injury claims and ship arrests securing them, draft maritime employment contracts for operators, and litigate before the courts across Oman. The first consultation is free by phone or WhatsApp on +968 9706 3030. We are based in Al Khoudh, Seeb, Muscat, and work Sunday to Thursday, 9:00 to 13:00 and 14:00 to 17:00, in Arabic and English.

This article is general legal information, not legal advice.