SESSION 9

TITLE 5 - COMPLAINTS

Aim

• To discuss the complaints aspects of Title 5 of the

MLC,2006.

Complaints procedures

• On board complaints procedure – allows the seafarer to complain to the ship’s on board management.

• On shore complaints – allows the seafarer (or anyone with an interest in the ship) to complain to either the flag State or the port State.

The MLC, 2006 complaints “system”

• Flag State context.• Port state context.

(Backed up by the ILO

procedures under

the Constitution)

Flag State context (Regulation 5.1.5)

On-board complaint procedures

• National provisions for on board procedures implementing Regulation 5.1.5

• Without prejudice to other legal rights of seafarers • Prohibition of victimization of seafarer for filing a

complaint

On-board procedures must provide for (Regulation 5.1.5):

• Resolution of complaints at lowest level possible.• Right of seafarer to complain directly to master &

external authorities.• Safeguards against victimization.• Right of seafarer to be accompanied and/or represented.• Seafarers to be given a copy of the on-board complaint

procedures with information to contact relevant authorities and receive impartial assistance.

Detailed guidance (Guideline B5.1.5)

• Complaints should be addressed to either the head of department or to the seafarer’s superior officer.

• Attempts should be made to resolve the matter within a specified timeframe.

• If the matter can not be resolved the seafarer may refer it to the master.

• Seafarers have a right to be accompanied and represented.

• Complaints and their outcomes should be recorded and a copy given to the seafarer.

• A complaint should be referred ashore if it cannot be resolved on board.

• Seafarers have a right to complain directly to the master, shipowner and competent authority.

Preparing for inspection

DMLC – PART II

The following should be included:• Confirmation that the on board complaints procedure

complies with national laws and requirements. A copy should be submitted to the MCA for review.

• Confirmation that a copy of the on board complaints procedure is to be given to every seafarer and how this is recorded.

ON SHORE COMPLAINTS - FLAG STATE RESPONSIBILITIES

In addition:• It is the responsibility of the flag State to receive

complaints, investigate and take appropriate enforcement action.

• A procedure should be in place to deal with complaints, ensuring the necessary confidentiality (Standard A5.1.4, para. 10); see also Guideline B5.1.4, para 3).

• The flag State may authorise an RO to investigate a specific complaint but the responsibility for resolving a complaint remains with the flag State.

Overview

• What is a complaint? • Who can make it? • Who is it made to? • What does the inspector have to do?

Complaint

• Complaint handling is difficult; you need to be tactful, sensitive and diplomatic

• Note especially the confidentiality statement in Standard A5.1.4, para. 10

• The appropriate role for ROs

PORT STATE CONTEXT (Regulation 5.2.2)

PORT STATE CONTEXT

Two aspects:• Port State control inspection (Regulation

5.2.1) - information submitted by a seafarer, a professional body, an association, a trade union or generally any person with an interest in the ship.

• A Seafarer exercises their right to complain to officers on shore (Regulation 5.2.2).

Basic requirements

• Seafarers have a right to report complaints concerning alleged breaches of the Convention (including seafarers’ rights) to an authorized officer in a port State in order to facilitate a prompt and practical means of redress.

• Appropriate steps shall be taken to safeguard the confidentiality of seafarers making a complaint (Standard A5.2.2 para. 7).

More detailed guidance

• An initial inspection should be undertaken by the authorised officer (PSCO).

• The PSCO may or must decide to carry out a more detailed inspection.

• The inspection should be limited to matters within the scope of the complaint.

• If the PSCO decides not to carry out a more detailed inspection then the complaint should be handled in accordance with Regulation 5.2.2.

Resolving a complaint

• Seek to resolve the complaint at ship board level.• Check to see in the on-board complaints system has

been used.• The master, shipowner or any other person involved

should be given the opportunity to make their views known.

• If any non-conformity found falls within the scope of A5.2.1 then the procedure is the same as for those found during a port State inspection (Standard A5.2.2, para 4).

• Seek advice from the flag State/competent authority.

Unresolved complaints

Initially:• Notify the flag State.

If still not resolved: • Transmit a copy of the authorized officer’s

report to the ILO.• Inform port State shipowners’ and seafarers’ organizations