PROCEDURE 13 M. ” On-board complaint procedures “
PROCEDURE 13 M.
” On-board complaint procedures “
The purpose of this procedure is to ensure the fair, effective and expeditious handling of seafarer complaints alleging breaches of the MLC 2006 onboard.
This procedure applies for all vessel’s Company
.1Seafarers and shipowners, as the other persons are equal under the law and have a right for equal legal defense, their discrimination concerning their access to ships, tribunals or other mechanisms of solving problems is prohibited.
The administration prohibits any seafarer pursuits because of complaints and punishes for such actions.
Procedure doesn’t prejudices seafarer right to correct the situation with any legal measures, that seafarer judges efficient.
Procedure is refered to resolve the complaints at the lowest level. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.
The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimization of seafarers for filing complaints.
Company should provide a seafarer a copy of this On Board Complaint Procedure.
The information received the company workers from the persons, whose actions (inactions) complained, for request from the state authority or other organizations during the complaint procedure is service information and acknowledged as the confidental information.
The outrage of procedure requirements for the Company are:
Failure the order and terms of complaint reviewing;
Illegal non admission of complaints.
Making unreasonable decisions, breaking the law of the flag state;
Providing inadequate information;
Unapproved disclosure of information;
Exposing the facts of outraging the procedure requirements the company personnel (master ship, head of department, superior officer or worker of the company) responsible person for such outages, is responsible in compliance with laws of flag state and internal regulations of the company.
.2 THE ORDER OF COMPLAINING.
Complaints should be addressed to the head of the department of the seafarer lodging the complaint or to the seafarer’s superior officer.
The head of department or superior officer should then attempt to resolve the matter within prescribed time limits appropriate to the seriousness of the issues involved.
If the head of department or superior officer cannot resolve the complaint to the satisfaction of the seafarer, the latter may refer it to the master, who should handle the matter personally.
Seafarers should at all times have the right to be accompanied and to be represented by another seafarer of their choice on board the ship concerned.
If a complaint cannot be resolved on board, the matter should be referred ashore to the shipowner, who should be given an appropriate time limit for resolving the matter, where appropriate, in consultation with the seafarers concerned or any person they may appoint as their representative
In all cases seafarers should have a right to file their complaints directly with the master and the shipowner and competent authorities.
.3 THE FORM OF COMPLAINING.
Aplly of application on reviewing complaint is keeping in working or understable language.
Application on reviewing the complaint is executed in form in Appendix 1
Complaint where the surname and sugnature is absent are anonymus and not reviewed.
Powers of agent applicant are certified in order, established by the flag state law.
.4 TERMS OF REVIEWING SEAFARER COMPLAINTS.
Complaints, not required additional research and inspection are to be resolved not later 5 days from the day of receiving.
Seafarer is informed of complaint reviewing during 3 work days from the day of making a decision of that.
The term of reviewing can be elongated on base of this procedure.
,5 GROUNDS OF ELONGATING THE TERMS OF REVIEWING SEAFARER COMPLAINTS.
The term of reviewing of complaint can be elongated for master decision or shipowner in cases:
If applicant has not provided documents, required for objective resolving the complaint (reviewing the complaint is stopped till the day of receiving documents.
If to make a reasoned decision of complaint, providing information or documents from the state authorities, recognized organization or other organizations is necessary,the reviewing of complaint is stopped till the day of providing necessary information or documents.
if there are bases to obtain to a crew member during the reviewing of complaint, whose actions (inactions) is complainted, instructions of illumination of problems in compliance with MLC (complaint or application reviewing is stopped till the day established in instruction to get a report of elimination the problems).
If seafarer has given a complaint to the external authority, and for reasoned decision it is necessary to get a decision of that authority, reviewing of complaint is stopped till the day of legalysing the decision of external authority.
NOTICE OF SUSPENSION OF THE COMPLAINT SHOULD BE BROUGHT TO A SEAFARER IN WRITING NO LATER THAN 3 WORKING DAYS FROM THE DATE OF THE DECISION.
Seafarer (applicant), addressed a complaint or application, has the right to revoke the complaint before making a resolve on it.
.6 COMPANY’S DUTIES FOR SEAFARERS’ COMPLAINTS
Shipmaster, Head of marine department, superior officer or the employee of the company must:
consider the complaint in accordance with this procedure; objectively evaluate the facts, verify their authenticity;
if necessary, initiate an internal audit basis on the complaint in accordance with the arrangements for inspections by the company;
in the complaint facilitate immediate action to curb the illegal decisions, actions (or inaction) which violate the rights and lawful interests of a seafarer;
take a reasoned decision, which is based on the State law;
inform to seafarer about disposition and decision of the complaint in accordance with this procedure
The Company has designated a person on the shore responsible for compliance MLC in the company.
Head of the company is responsible for monitoring for compliance with the requirements of the procedure on the basis of information and data relating to complaints of seafarer, represented by a person responsible for executing the requirements of the Convention-2006 in the company.
.7 RESOLVE THE COMPLAINMENT OR APPLICATION
As a result of the complaint should be one of the following decisions about:
full or partial satisfaction of the complaint;
full or partial denial of the complaint satisfaction;
discontinue consideration of complaints in connection with its withdrawal by the Applicant.
In the case of full or partial satisfaction of the seafarer’s complaint, is made a conclusion that should be brought to the seafarer’s attention not later than 3 working days from the date of the decisions.
Resolve on the appeal must be justified with reference to specific regulations of the state flag.
Resolve on the complaint, does not meet the seafarer may be appealed to a higher official.
1)ContactinformationfortheCompany’sMLC, 2006 DesignatedPerson (DP)::
a) Name: Denis Shenshin
b) Telephone number +7 9787310581.
c) E-Mail address: firstname.lastname@example.org
2)Merchant Shipping Directorate, Malta Transport Centre, Marsa MRS 1917 Malta
a) Telephone number:Voice: +356 21 250360
b) Fax number: Fax: +356 21 241460
c) Email address:email@example.com
3) Competent Authority in the seafarers’ country of residence:
Ministry of the Labor and Social Defence of the Russian Federation
127994, GSP-4, Ilyinka Street 21, Moscow.
telephone number: +7 (495) 606-00-60
e-mail address: GALILEYSKAYAUV@ROSMINTRUD.RU
.8 Terms and definitions.
Complaint — seafarer written request for any questions, that he considers are the outages of the MLC requirements.
Shipowner – the owner of the ship or any other organisation or the person, such as agent or freighter for bareboat charter, that have taken the responsibility for ship exploitation, all duties and the shipowner response in compliance with Convention, without reference to take the responsibility or performing separate duties from the shipowner person by other organizations or persons.
Seafarer - any person, posted or employed wherever on board to that MLC is applied.
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.
*Maritime Labour Convention, MLC – 2006.
Declaration of Maritime Labour Compliance -
Part I, Part II
*Merchant Shipping Rules,
*Form of on-board complaint-handling procedures.