SAMI Briefing Maritime Labour Convention FAQs and Text March 2013

(b)(c)to carry out any examination, test or inquiry which they may consider necessary in orderto satisfy themselves that the standards are being strictly observed; andto require that any deficiency is remedied and, where they have grounds to believe thatdeficiencies constitute a serious breach of the requirements of the Convention (includingseafarers’ rights), or represent a significant danger to seafarers’ safety, health or security,to prohibit a ship from leaving port until necessary actions are taken.C5.1.x. What is an on-board complaints procedure?Ships are required, by Regulation 5.1.5 paragraph 1, to have on-board procedures forthe fair, effective and expeditious handling of seafarer complaints alleging breaches of therequirements of this Convention (including seafarers’ rights). The requirement relating tothese procedures is one of the matters in the 14 areas that must be inspected and certified.C5.1.y. Who is responsible for developing the on-board complaint procedures?The obligation (under Standard A5.1.5, paragraph 2 of the MLC, 2006) is oncountries to adopt laws or regulations to ensure that appropriate on-board complaintprocedures are in place. Guideline B5.1.5, paragraph 1 recommends [see A12. What is thestatus of the Guidelines in Part B of the Code?], subject to any relevant provisions of anapplicable collective agreement, that a model for those procedures should be developed bythe competent authority [see A25. Who is the competent authority?] in close consultationwith shipowners’ and seafarers’ organizations.C5.1.z. Are there any models for on-board complaint procedures?The MLC, 2006 does not contain a model, but sets out some basic principles inRegulation 5.1.5 and Standard A5.1.5. These principles include the aim to resolvecomplaints at the lowest possible level, but to allow a right to appeal directly to the masteror appropriate external authorities, as well as the right for the seafarer to be accompaniedor represented, and to receive impartial advice, and safeguards against victimization forfiling complaints. Guideline B5.1.5 [see A12. What is the status of the Guidelines in Part Bof the Code?] suggests some principles detailed rules as a basis for discussion in thedevelopment of the on-board procedures.C5.1.a.a. Where would seafarers get a copy of a ship’s on-board complaints procedure?Seafarers must be provided with a copy of the on-board complaint proceduresapplicable on their ship in addition to a copy of their seafarers’ employment agreement(Standard A5.1.5, paragraph 4).C5.1.b.b. Must seafarers always use the ship’s on-board complaint procedure?Although on-board complaint procedures must seek to resolve complaints at thelowest level possible, seafarers have a right to complain directly to the master and, wherethey consider it necessary, to appropriate external authorities (Standard A5.1.5,paragraph 2).C5.1.c.c. Can seafarers complain directly to the flag state competent authority or an inspectorinstead of using the on-board complaint procedure?[See C5.1.b.b. Must seafarers always use the ship’s on-board complaint procedure?].46 FAQ