Handling Seafarer Complaints (MLC 2006)
Every ship subject to the MLC must have a fair, effective and expeditious on-board complaint procedure. The MLC sets no deadlines in days: the flag State's law and the company procedure do, and those are what a PSCO checks against.
Operational Explanation
The Maritime Labour Convention 2006 (Regulation 5.1.5) requires every ship subject to the Convention to have an on-board procedure for the fair and effective handling of seafarers' complaints alleging breaches of MLC requirements, including seafarers' rights.
Standard A5.1.5 sets principles, not deadlines: the procedure must seek to resolve complaints at the lowest level possible, but in all cases the seafarer has the right to complain directly to the Master and, where they consider it necessary, to the appropriate external authorities. That right cannot be made conditional on exhausting the earlier steps or on any waiting period. Also guaranteed are the right to be accompanied or represented, confidentiality, and protection against victimisation.
Deadlines in days are left to the flag State's law and to the company procedure, with the sole criterion of proportionality to the seriousness of the issue (Guideline B5.1.5.2). The “7 days to the head of department, 2 days to approach the Master, a further 7 days for the Master” pattern is a widespread model — it appears, for instance, in the Luxembourg model procedure — but it is not an MLC requirement: other flags set different deadlines, and some set none at all. Always check the company SMS and your flag State circular.
What the Convention actually requires, and what a PSCO checks, is the content of the procedure given to the seafarer (Standard A5.1.5.4): along with a copy of the seafarers' employment agreement, it must state the contact details of the competent authority of the flag State, the contact details of the competent authority in the seafarer's country of residence where different, and the name of the person on board who can, on a confidential basis, provide impartial advice on the complaint and assist in following the procedure.
The MLC amendments approved by the 113th session of the International Labour Conference (6 June 2025), with entry into force expected on 23 December 2027, include the addition of "appropriate shore-based personnel" as a further level to which a seafarer can address a complaint, and a broadened definition of victimisation, now covering adverse action against complainants, victims, witnesses and whistleblowers, including protections in cases where a complaint is deemed vexatious or made in bad faith.
Regulatory Reference
MLC 2006, Regulation 5.1.5 and Standard A5.1.5 (On-board complaint procedures). Standard A5.1.5.2 guarantees “in all cases” the right to complain directly to the Master and to external authorities; Standard A5.1.5.3 the right to be accompanied or represented and protection against victimisation; Standard A5.1.5.4 the content of the copy of the procedure given to the seafarer. Guideline B5.1.5.2 leaves deadlines to the procedure, with the criterion of proportionality to seriousness: the Convention sets no deadlines in days. Amendments approved by the 113th ILC session (6 June 2025), expected to enter into force on 23 December 2027 subject to the MLC amendment procedure, and therefore not yet current requirements: adding appropriate shore-based personnel as a complaint level and broadening protection against victimisation.
Scope of Application
Every ship subject to MLC 2006, for all seafarer complaints alleging breaches of the Convention's requirements.
Procedure / How to Complete It
- Provide every seafarer, on joining, with a copy of the on-board complaint procedure, including contact details for the subsequent escalation levels.
- Check that the copy provided states the contact details of the competent authority of the flag State, those of the authority in the seafarer's country of residence where different, and the name of the person on board who provides impartial and confidential advice.
- The seafarer files the complaint with their head of department or immediate superior, who responds within the deadlines set by the company procedure or the flag State.
- The seafarer may at any time complain directly to the Master and, where they consider it necessary, to the external authorities, without waiting for the outcome of the earlier steps.
- Guarantee at every stage the seafarer's right to be accompanied or represented, and the confidentiality of the process.
- If the complaint is not resolved on board, inform the seafarer of the possibility of approaching external competent authorities (the Company, the flag Administration, or the new shore-based personnel roles introduced by the 2025 amendments).
Practical Example
Example of application: a seafarer files a complaint about an alleged breach of rest hours with their immediate superior; not receiving a satisfactory response within the deadline set by the company procedure, they approach the Master, who involves the Company and documents the proposed solution, with a complete record of the process. Had the seafarer wished to approach the Master from the outset, they could have done so: the procedure indicates a recommended route, not a condition of admissibility.
What Typically Goes Wrong
Common Mistakes Mistake Library
| Mistake | Consequence | How to avoid it |
|---|---|---|
| Complaint procedure not provided or not clearly explained to the seafarer on joining | Seafarer unaware of their rights and the complaint procedure, MLC deficiency at inspection | Always provide and explain the complaint procedure to every seafarer on joining |
| On-board procedure missing the flag State authority contacts, the country-of-residence contacts, or the name of the person providing impartial confidential advice | MLC deficiency at inspection: these are express requirements of Standard A5.1.5.4, and among the first items a PSCO asks to see | Check that the copy given to every seafarer contains all three, kept up to date |
| A procedure that requires the intermediate steps to be exhausted before approaching the Master | Restriction of a Convention right: Standard A5.1.5.2 guarantees it “in all cases” | Draft the procedure as a recommended route, not as a condition of admissibility |
| Deadlines set by the company procedure not met | Complaint not handled with the expedition required by Regulation 5.1.5, with possible external escalation | Monitor the deadlines set by your own SMS and flag circular, without waiting for the seafarer to chase |
| Even implicit perception of retaliation against a complainant | Under-reporting of real problems, breach of protection against victimisation | Actively guarantee and communicate that there are no negative consequences for a good-faith complainant |
What the PSCO Checks
Operational Tips
- Always provide and explain the complaint procedure to every seafarer on joining, don't just make it available on request.
- Actively monitor the deadlines set by your own procedure, without waiting for the seafarer to have to chase it up: the MLC does not impose them, but once written into the SMS they become the yardstick you are measured against.
- Do not present patterns such as “7+2+7” as Convention obligations: always check what your flag State and your SMS actually prescribe.
- Actively communicate that there are no negative consequences for a good-faith complainant.
Preparation checklist
Educational checklist. This summary supports learning and preparation only. It does not replace the vessel’s approved procedures, manuals, statutory documents, company SMS, or applicable official requirements. Completing it demonstrates neither compliance nor readiness for an inspection: it shows that a list has been read, not that the ship is in order. Always verify the current documents carried on board.
- Complaint procedure provided and explained to every seafarer on joining
- Contact details of the competent authority of the flag State stated in the procedure
- Contact details of the competent authority in the seafarer's country of residence stated, where different
- Name of the person on board providing impartial and confidential advice stated in the procedure
- Right to complain directly to the Master and to external authorities stated without conditions
- Response deadlines set by the company procedure met and documented
- Confidentiality, right of representation and protection against victimisation guaranteed at every stage
FAQ
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Last substantive revision of this page: 29 August 2026 · page fingerprint 437bee9c758d