1. SESSION 9
TITLE 5 - COMPLAINTS RP

2. Aim
To discuss the complaints aspects of Title 5 of the MLC,2006. RP

3. 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.

4. The MLC, 2006 complaints “system”
Flag State context.
Port state context.
(Backed up by the ILO
procedures under
the Constitution) RP

5. Flag State context (Regulation 5.1.5)RP

6. 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 RP

7. 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. RP

8. 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.

9. Preparing for inspectionRP

10. 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.

11. 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.

12. Overview What is a complaint? Who can make it? Who is it made to?
What does the inspector have to do? RP

13. 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 RP

14. PORT STATE CONTEXT (Regulation 5.2.2)

15. PORT STATE CONTEXT Two aspects:
Port State control inspection (Regulation ) - 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). RP

16. 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).

17. 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 RP

18. 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.

19. 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 RP