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.
The MLC does not impose a universal schedule of deadlines in days. Apply flag requirements and shipboard procedures, ensuring fair, effective and expeditious handling and time limits appropriate to the seriousness of the case. Numerical schedules from other flags do not replace those applicable to the ship; no internal deadline limits direct access to the Master and appropriate external authorities.
Standard A5.1.5.4 requires each seafarer to receive a copy of the complaint procedure in addition to their employment agreement. The procedure must contain contacts for the competent flag authority and, where different, the country of residence, and the name of the person on board available for confidential, impartial advice and assistance with the procedure. The agreement and complaint procedure are distinct documents.
The 2025 MLC amendments have an expected entry-into-force date of 23 December 2027, subject to the Convention's procedure and individual States' positions. Do not present them as requirements already in force in the operational workflow. Current procedures must already preserve complaint, representation and anti-victimisation rights.
Regulatory Reference
MLC Regulation 5.1.5 and Standard A5.1.5: fair, effective and expeditious procedures; direct access to the Master and, where considered necessary, appropriate external authorities; representation and protection against victimisation; a copy of the procedure with the required contacts and confidential adviser. Guideline B5.1.5 describes handling arrangements and appropriate time limits, not universal deadlines in days. The Company is a corporate handling level, not an external competent authority. MLC Title 5 · Status of the 2025 amendments.
The adopted 2025 text adds appropriate shoreside personnel to the direct complaint channels in A5.1.5.2 and introduces confidentiality safeguards at every stage in new paragraph 5. These are future amendments: expected entry into force remains 23 December 2027, subject to the Convention procedure and the State concerned. ILO — ILC.113/Instruments, A5.1.5.
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 and explain the procedure, including contacts for the flag authority, the authority in the seafarer's country of residence if different, and the onboard person offering impartial confidential advice.
- Explain ordinary levels and applicable deadlines: do not require their exhaustion before direct access to the Master or appropriate external authorities.
- Safeguard accompaniment or representation and protection against victimisation.
- Handle and record the complaint under the applicable procedure, with appropriate communication and confidentiality.
- Distinguish escalation to the Company from access to competent authorities; do not present future 2025 amendments as requirements already in operation.
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
Related Topics
Last substantive revision of this page: 16 September 2026 · page fingerprint ddb89d1175c4