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SESSION 9

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.

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SESSION 9

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  1. SESSION 9 TITLE 5 - COMPLAINTS

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

  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)

  5. Flag State context (Regulation 5.1.5)

  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

  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.

  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 inspection

  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?

  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

  14. PORT STATE CONTEXT (Regulation 5.2.2)

  15. 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).

  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 5.2.2.

  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

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