SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

Maritime Labour Convention, 200610. The annual report published by the competent authority of each Member,in respect of ships that fly its flag, should contain:(a) a list of laws and regulations in force relevant to seafarers’ working and livingconditions and any amendments which have come into effect during the year;(b) details of the organization of the system of inspection;(c) statistics of ships or other premises subject to inspection and of ships and otherpremises actually inspected;(d) statistics on all seafarers subject to its national laws and regulations;(e) statistics and information on violations of legislation, penalties imposed and casesof detention of ships; and(f) statistics on reported occupational injuries and diseases affecting seafarers.Regulation 5.1.5 – On-board complaint procedures1. Each Member shall require that ships that fly its flag have on-board proceduresfor the fair, effective and expeditious handling of seafarer complaints allegingbreaches of the requirements of this Convention (including seafarers’ rights).2. Each Member shall prohibit and penalize any kind of victimization of a seafarerfor filing a complaint.3. The provisions in this Regulation and related sections of the Code are withoutprejudice to a seafarer’s right to seek redress through whatever legal means theseafarer considers appropriate.Standard A5.1.5 – On-board complaint procedures1. Without prejudice to any wider scope that may be given in national laws orregulations or collective agreements, the on-board procedures may be used by seafarersto lodge complaints relating to any matter that is alleged to constitute a breachof the requirements of this Convention (including seafarers’ rights).2. Each Member shall ensure that, in its laws or regulations, appropriate onboard complaint procedures are in place to meet the requirements of Regulation 5.1.5.Such procedures shall seek to resolve complaints at the lowest level possible. However,in all cases, seafarers shall have a right to complain directly to the master and, wherethey consider it necessary, to appropriate external authorities.3. The on-board complaint procedures shall include the right of the seafarer tobe accompanied or represented during the complaints procedure, as well as safeguardsagainst the possibility of victimization of seafarers for filing complaints. The term “victimization”covers any adverse action taken by any person with respect to a seafarerfor lodging a complaint which is not manifestly vexatious or maliciously made.4. In addition to a copy of their seafarers’ employment agreement, all seafarersshall be provided with a copy of the on-board complaint procedures applicable on theship. This shall include contact information for the competent authority in the flagState and, where different, in the seafarers’ country of residence, and the name of aperson or persons on board the ship who can, on a confidential basis, provide seafarerswith impartial advice on their complaint and otherwise assist them in following thecomplaint procedures available to them on board the ship.84