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ON BOARD COMPLAINT PROCEDURE

1) PURPOSE

The purpose of this procedure is to ensure the fair, effective and expeditious handling of seafarer
complaints alleging breaches of the MLC 2006 onboard.
2) SCOPE
This procedure applies to on-board complaints relating to any matter that is alleged to constitute a
breach of the requirements of this Convention (including seafarers’ rights).
3) PROCEDURE

3.1) General

All seafarers shall be provided with access to the on board complaint procedure and the On board
Complaint form applicable to the ship.

Together with the procedure, the seafarer shall also be provided with and have access to the
following information:
 Name and contact information for the Chief of Marine Personnel & Company’s Designated
Person Ashore.
 Contact information of the Flag Administration competent authority / person for receiving such
complaints.
 Contact information for the Competent Authority in the country of the seafarers’ residence.
 The names of the persons on board ship, who can, on a confidential basis, provide seafarers with
impartial advice on their complaint and assist them in following the complaint procedure
(Seafarers representative).

The above information shall be posted on the ship’s notice board (Onboard Complaint Procedure
Contact Points) and shall be updated whenever necessary by the Safety & Health officer.

The complaint procedure is to be followed by a seafarer, ONLY for complaints relating to matters
that are alleged to constitute a breach of the requirements of the MLC 2006 (including seafarers’
rights) and NOT for any other purposes such as personal relations with other seafarers on board,
non occupational issues etc)

The company prohibits and penalizes any kind of victimization of a seafarer for filing a complaint
(the term “victimization” covers any adverse action taken by any person with respect to a seafarer
for lodging a complaint which is not manifestly vexatious or maliciously made).

3.2) FILING A COMPLAINT

Complaints should be sought to be resolved at the lowest level possible and only when the matter
cannot be resolved to the satisfaction of both parties, should it THEN be elevated to the next level.
Seafarers who file a complaint have the right to be accompanied or represented during the
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complaint procedure by the seafarer’s representative.

Any seafarer with a complaint shall have the matter addressed by bringing it to the attention of the
proper authority on board, as provided below:
 Immediate Supervisor : Chief Officer for Deck / Catering Crew and 2 nd Engineer for Engine
Crew
 Head of Department: Chief Officer for Deck / Catering Crew and Chief Engineer for Engine
Crew
 Master

Officers and/or crew members shall, within five (5) days from the date of the alleged occurrence of
the labor grievance, bring the matter to their Immediate Supervisor, Department Head, the Master,
who each in the chain of command dealing with the grievance shall have a further five (5) days to
bring about a solution to the matter through conciliation, provided that this time limit is appropriate
to the seriousness of the matter.

Notwithstanding, in all cases, seafarers can complain directly to the Master and, where they
consider it necessary, to the Company Chief of Marine Personnel.

Should a complaint reach the level of the Master, the Master shall:
 Conduct an investigation or inquiry, as appropriate.
 Refer to the terms and conditions of employment.
 Seek the advice of the Company Chief of Marine Personnel where necessary.

If the Master cannot reconcile the complaint, the matter should be formally referred within 8 days to
the Company’s Chief of Marine Personnel. The Chief of Marine Personnel depending on the nature
of the problem he shall notify the relevant department managers or DPA and request the
reconciliation of the issue in accordance with the terms and conditions of employment. The whole
process is to be documented in the relevant complaint form.

If a matter is to the prejudice of the Master, then a seafarer may present his/her case directly to the
Company’s Chief of Marine Personnel.

Until such time as the Company’s decision is received, the Master’s decision shall be binding on all
parties.

All complaints and their decisions must be recorded and documented in the Onboard Complaint
form. A copy of the completed Onboard Complaint form shall be provided to the related seafarer.

3.2) EXTERNAL AUTHORITIES

Apart from the above internal procedure, seafarers have the right to file a complaint to an
appropriate external authority, such as, but not limited to:
 a Flag Administration competent authority
 a Flag Administration Recognized Organization Inspector
 a Port State control authority / official
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(Regulation 5.1.5)

 other competent authorities

However filing a complaint to an external authority should be practiced on a as a last resource and
when the seafarer has exhausted all other alternatives for internally reconciling the issue.

If a complaint reaches the level of an external authority the company’s DPA must be immediately
notified of all the relevant details (if not already aware of them).

In cases where a complaint reaches the level of external authorities, that authority shall be provided
with the contact information for the Office of the Responsible Flag Administration and requested to
communicate the complaint to the Office of the Responsible Flag Administration.

The Office of the Responsible Flag Administration shall communicate the complaint to the
Company DPA who shall then be expected to resolve the matter in accordance with the terms and
conditions of employment to the satisfaction of both parties.

3.3) UNRESOLVED DISPUTES & ARBITRATION

If after 20 days, conciliation acceptable to both parties cannot be reached, either party shall have a
further 20 days to call upon the the Maritime Administrator, or an agent appointed by the the
Maritime Administrator, to act as mediator to endeavor to find a solution to the matter satisfactory
to the parties.

If a dispute cannot be resolved by conciliation or mediation, either party may submit the matter to
an independent arbitrator or arbitrators for a final determination.

4) REFERENCES
MLC 2006

5) DEFINITIONS

MLC: Maritime Labour Convention

6) RECORDS
* Onboard Complaint Form
* Onboard Complaint Procedure Contact Points

ONBOARD COMPLAINT PROCEDURE CONTACT POINTS

VESSEL NAME: DATE:

HEAD OF DECK DEPARTMENT NAME: IMMEDIATE SUPERVISOR (DECK):

HEAD OF ENGINE DEPARTMENT NAME: IMMEDIATE SUPERVISOR (ENGINE):

Name of person/persons onboard the ship authorized to provide confidential and impartial advice
on a complaint:
A)

B)

Chief of Marine Personnel Name: Contact Details of Chief of Marine Personnel

PX. Long Tel: 078-801-7286

Fax: 078-861-7208

Email: [email protected]

DPA Name: Contract Details of DPA:

Satoru Shimaguchi Tel: 078-801-7286

Fax: 078-861-7208

Competent responsible Flag Adminstration Office Competent Authority of the Seafarers’ Country of residence

Name and contact details Name and Contact Details

Master:

Vessel Name:

ONBOARD COMPLAINT FORM

COMPLAINT:
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(Regulation 5.1.5)

Name & Signaure: Signature:

(Person informed) (Originator)

Name & Signature:

(Person informed)

INVESTIGATION ONBOARD

DATE OF COMPLETION: SIGNATURE: (INVESTIGATOR)

DATE OF COMPLETION: SIGNATURE: (CHIEF OF MARINE PERSONAL)

SIGNATURE: (DPA)
VERIFICATION AND CLOSE OUT

CLOSE OUT DATE: SIGNATURE (ORIGINATORS ACCEPTANCE)

Note: For each complaint file, original to be kept onboard and copy handed to crew member filing to complaint