Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter IV : Engagement, Discharge, Repatriation, Payment, Discipline and General Treatment of Seafarers and Cadets122. Time of payment of wages for foreign-going ships |
In the case of a foreign-going South African ship (other than a ship employed on voyages for which seafarers by the terms of their agreement are wholly compensated by a share in the profits of the venture)—
[Words preceding section 122(a) substituted by section 29(k) of Act No. 12 of 2015]
| (a) | the owner or master of a ship shall pay to each seafarer at the time when he lawfully leaves the ship at the end of his engagement, the sum of 50 rand or one-half of the balance of wages due to him, whichever amount is the lesser, and shall pay to him the remainder of his wages within two days after he so leaves the ship: Provided that if the seafarer consents, the settlement of his wages may be left to the proper officer and in that case any relative receipt given by that officer to the owner or master shall operate as if it were a release given by the seafarer in accordance with the provisions of this Act; |
[Section 122(a)substituted by section 29(i) of Act No. 12 of 2015]
| (b) | if the wages of a seafarer or any part thereof are not paid or settled in terms of this section, the said wages shall continue to run and be payable until the time of final payment or settlement thereof, unless the delay in payment or settlement is due to the act or default of the seafarer, or to any reasonable dispute as to liability, or to any other cause not being the wrongful act or default of the owner or master. |
[Section 122(b) substituted by section 29(i) of Act No. 12 of 2015]
[Section 122 substituted by section 19 of Act 30 of 1959]