Seafarers' complaint procedures: A study based on a literature review

Abstract

Ships are both a work and a living space for seafarers. Seafarers spend most of their lives on board, which is due to the nature of their job. Seafarers' employment and social rights are specified in the Maritime Labor Convention 2006 (MLC 2006). Each state exercises its jurisdiction and control over ships that fly its flag by establishing a system for ensuring compliance with the requirements of MLC 2006 convention. As a proof of compliance to the convention, each ship must carry a maritime labor certificate and additionally a declaration of maritime labor compliance document. This declaration also shows the commitment of ship owner or ships' operator to abide the regulations of MLC 2006. Each state should also follow the possible violations of the requirements of the convention and should take corrective measures in cases of violations. Despite all the necessary regulations, there may be some incompatibilities on ships based on structural or operational causes that violate the rights of seafarers. In case of violation of the labor and social rights specified by the MLC 2006 Convention, seafarers have the right to complain that these rights have been violated. MLC 2006 Regulation 5.1.5 provides onboard complaint procedures. Seafarers have a right to file their complaints directly with the master and the ship owner and competent authorities. The seafarers' complaint may also be reported to an authorized officer in the port at which the seafarer's ship has called. Onshore seafarer complaint-handling procedures is specified in the regulation 5.2.2 of MLC 2006. The complaint procedure on board ships is always a very delicate process and difficult to resort for seafarers who must work on short-term contracts. In this study, the "Seafarers' complaint procedures on board and on shore" in the MLC 2006 Convention will be examined and in case of a complaint by seafarers, the actions to be taken by seafarers and involved authorities will be revealed.