ilo booklet onboard complaint procedure procedure p- 5.1
TRANSCRIPT
ILO Booklet Onboard complaint procedure
Reederei Erwin Strahlmann
GmbH & Co. KG Procedure P-5.1
P-5.1 Revision 3 01.05.2016 Page 1 of 3
SEAFARER
1. Purpose The Shipowner sets a high value to the rights of seafarers to have a fair and reasonable hearing when filing complaints that they feel are justified. The procedure is developed to enable the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of the MLC 2006 (in-cluding seafarers’ rights).
2. Responsibilities Master is responsible for implementation of the procedure and ensure its fulfilment onboard including pro-hibition of any kind of victimization of a seafarer for filing a complaint. ISM Designated Person is responsible for implementation of the procedure and ensure its fulfilment ashore including prohibition of any kind of victimization of a seafarer for filing a complaint. He may dele-gate this responsibility to the Safety and Security Director. Lowest rank deck officer onboard (or the Chief Officer in case he is sole deck officer onboard) is nominat-ed by definition as responsible for advise seafarers on the procedures available to them and, if requested by a seafarer, also attend any meetings or hearings into the subject matter into complaint, unless the complainant feels more comfortable to request other person onboard who has however right to deny. The Shipowner is responsible to check for compliance with relevant requirements by an opportunity of ships’ inspections or ISM internal audits (on a random basis).
3. Description of routines
3.1. Procedures availability for seafarers The complaints procedure P-05 is available for all crewmembers in the ILO Booklet onboard, kept usually in the mess-room or other freely available by all crewmember place, but furthermore its copy is given to seafarers by signing on in addition to a copy of their seafarers’ employment agreement.
3.2. Complaints If any seafarer feels that he is being treated unfairly and not in accordance with the provisions of the Na-tional Law or Maritime Labour Convention 2006 requirements or otherwise discriminated against he is to follow the procedure as described below: A. Bring the complaint to the Head of his Department (Chief Officer or Chief Engineer). If the seafarer feels more comfortable to address the master directly, he can at any time approach the Master with his complaint. In any case attempts should be made, as far as possible, to resolve the complaints on board at the lowest level possible. Notwithstanding, many complaints may relate specifically to those individuals to whom the complaint is to be made or even to the master of the ship. In all cases seafarers have right to complain directly to the master and to make a complain externally (to the Competent Authority in the Flag State and, where different, in the seafarers’ country of residence) without any threat of victimization of a seafarer for filing a complaint which is not manifestly vexatious or maliciously made. Resolution is to be attempted by the Head of Department or the Senior Officer within 24 hours whenever practicable. B. Whenever possible the Head of Department shall deal with the complaint but if not possible then the matter is to be referred to the Master. C. If the seafarer is not satisfied with the way his Head of Department has handled the complaint then he may address the Master who shall deal with it within a stated period which should be not less than 3 days, D. If no satisfactory result could be obtained from either his Head of Department or the Master then the complainant may contact the Shipowner relevant personnel either in writing or verbally. The person in charge ashore to be referred in case of seafarer’s complaint is the ship’s Team Nautical Inspector, but in case he is not available or the seafarer feels more comfortable to address directly ISM Designated Person or Safety & Security Director, he is allowed to do so. Contact details with the Shipowner’s shore based personnel is given at Shipowner’s SMS list Li-002 “List of Company related contact details”. Complaint referred to the Shipowner or his representative ashore to be resolved within one month. E. Any written complaint sent to the Company, if practicable, should be routed via Master, who shall coun-tersign such letter/e-mail to confirm his awareness of its contents. For this purpose may be used the Company’s SMS form Fo-022 “Reporting form” or any like form is accepted, however it is advisable to mark clearly that it is “MLC complaint” report/letter/e-mail to ensure proper handling by receiving person. Verbal complaint to be noted by the receiving person in writing according to original complaint. If a com-plaint is placed in the Complaint box (3.4) it is to be countersigned by the Master as well.
In the event of a Chief Officer or Chief Engineer having complaint against the Master, an attempt should be made to resolve this onboard directly with the Master. In case this is not possible, then procedures given above in point D. and E. must be followed.
Complaints shall be solved within the time limits appropriate to the seriousness of the issues involved, in any case not more than 30 days counting from the day of lodging the complaints. Where a solution is not possible within the prescribed time a justification for extension shall be stated in the complaints report done at Fo-022 or in separate letter “Granting ILO complaint extension” issued by Safety and Security
ILO Booklet Onboard complaint procedure
Reederei Erwin Strahlmann
GmbH & Co. KG Procedure P-5.1
P-5.1 Revision 3 01.05.2016 Page 2 of 3
Director on request of Master, Ship’s Nautical Inspector or other responsible person.
Finally, the seafarer has the right to contact any Consular Officer overseas, the Flag State’s Administration or any Organisation representing him abroad or in his home country informing Master accordingly of his intentions. Contact details to the Flag State Competent Authorities as well as other Competent Authorities of our seafarers are listed in point 6. Seafarers may seek advice from a seafarer of trust or appoint a rep-resentative to lodge his complaint on his behalf.
Master shall ensure that for the sake of good management, seafarers do not have to go beyond the above procedures unless the complexity of the complaint may require the consultancy of other parties.
3.3. Complaints reporting to the Shipowner and records onboard In order to ensure correctness of handling of complaints, the following procedure must be observed: A. Logbook entries or ILO complaint report on Fo-022, stating the facts about the complaint, shall be made. This entry/report is to be signed by a witness, if possible, and by the respective seafarer. B. The seafarer must receive a copy of the entry/report and he shall countersign as confirmation of being provided with a copy. C. If not done in addition to point A. the Master shall prepare a separate report (next Fo-022 may be used), where the exact content of the complaint is described. This report should be signed by the Master and also by the seafarer lodging the complaint. If the seafarer deny to sign, it must be confirmed by the Master. The ILO complaint report shall be done by the Master in any case of complaints lodging by a sea-farer, also those externally done, if known. D. For all the above documents, one originally signed copy is to be sent to the Shipowner.
3.4 Complaint box 1. There could be found onboard a “Complain box” clearly marked and situated in a freely available place (e.g. messroom) where MLC complains could be collected and, as agreed with ITF, if ITF Inspector has any objections that any of MLC (Maritime Labour Convention) or CBA (Collective Bargaining Agreement) are not fulfilled onboard, he should be advised by master to write the complain/remarks letter and put it in the complain box for further consideration. 2. The box is of a shoes box size and with an aperture that would allow to insert a complaint written on a page of A5 format (half of A4 that could be folded in half). On the top and/or side it should be described “MLC COMPLAINT BOX”. 3. Each seafarer, after embarkation should familiarise with the box location on his own, if not seen at once, and to advise on the box location is the complaint procedure advisor, as given in point 2 – the low-est rank deck officer onboard. It must be clearly pointed out that the box is only a possibility to place the complaint as agreed with ITF and seafarers have still the right to forward the MLC complaint to the chosen by them person or body they trust, as given in point 3.2 above. 4. For the “MLC Complaint Box” everyday check and passing on any complaint found to the Master is responsible the lowest rank deck officer onboard, being the complaint procedure advisor. 5. For proper handling of any complaint from the “MLC Complaint Box” is responsible the Master, the same way as for proper handling of any MLC complaint, if it is routed via Master and not in other way. 6. If any ITF Complaint Letter of Report is found in the “MLC Complaint Box” by the responsible officer daily checking, it must be passed on to the Master who must such letter scan immediately and send via email to the DPA (Designated Person Ashore) Mr. Axel Neve ([email protected]) and Administration Depart-ment ([email protected]) as well as to the assigned Operational Team.
4. Documentation
Fo-022 Reporting form
5. References and remarks
5.1. Reference documents
Li-002 List of Company related contact details
5.2. Remarks The term “victimization” covers any adverse action taken by any person with respect to a seafarer for lodg-ing a complaint which is not manifestly vexatious or maliciously made.
6. The Competent Authorities contact details
6.1. Flag Administration Competent Authority Contact details for the Competent Authority in the flag state for Antigua and Barbuda ships: Chief Marine Surveyors ADOMS St. John’s. PO Box 1394 St. John’s, Antigua and Barbuda, West Indies. Tel: +1 268 462 1273, Fax: +1 268 462 4358, E-mail: [email protected]
ILO Booklet Onboard complaint procedure
Reederei Erwin Strahlmann
GmbH & Co. KG Procedure P-5.1
P-5.1 Revision 3 01.05.2016 Page 3 of 3
6.2. Seafarers’ Countries of Residence Competent Authorities Contact details for the Competent Authorities in the seafarers’ Countries of Residence (if nationality / resi-dence country of crewmember is not listed below, is to be filled out by Crewing Agency accordingly): Contact to Maritime Authorities for Residents of Philippines: Philippines Overseas Employment Aaministration, Main Office: EDSA corner Ortigas Ave., Mandaluyong City, Philippines 24-hour hotlines: 722-1144 or at 722-1155 e-mail: [email protected] or [email protected] Contact to Maritime Authorities for Residents of Poland: Ministry of Maritime Economy and Inland Navigation - Department of Maritime Economy, Nowy Świat 6/12, PL 00-400 Warsaw, Poland Website: https://mgm.gov.pl/pl/gospodarka-morska/praca-na-statkach-morskich fax: +48 22 583 85 71; e-mail: [email protected] Contact to Maritime Authorities for Residents of Russian Federation: Federal Meritime and River Transport Agency 3/6 Petrovka Str., 125993 Moscow Telephone: +7 095 926 10 67, +7 095 926 90 35 Contact to Maritime Authorities for Residents of Slovakia: Ministry of Transport,Construction and Regional Development Maritime Office of the Slovak Republik Head of Maritime Office, Namestie slobody 6,810 05,Bratislava, Slovakia Telephone: +421 2 5949 4801, +421 2 5244 2013, e-mail: [email protected] Contact to maritime Authorities for Residents of Slovenia: Ministry of Infrastructure and Spatial Planning-Transport Directorate-Maritime Section,Head of Section: Langusova ulica 4, 1535 Ljubljana,Alovenia Telephone: +386 1 478 8000, +386 1 478 8253, e-mail: [email protected], [email protected] Contact to Maritime Authorities for Residents of Estonia: Estonian Maritime Administration Valge 4, 11413 Tallinn,Estonia Telephone: +372 6205 500, +372 6205 506, e-mail: [email protected] Contact to Maritime Authorities for Residents of Cuba: Direcction de Seguridad e Inspeccion Maritima Boyeros y Tulipan,Plaza, Ciudad de La Habana Telephone: +53 7 881 6607/881 9498, e-mail: [email protected] Contact to Maritime Authorities for Residents of Ukraine: Ministry of Infrastructure of Ukraine,Director of Department of the State Policy in the Field of Maritime and Inland Water Transport,14 Peremohy Ave., 01135 Kyiv,Ukraine Telephone: +380 44 351-44-02, e-mail: [email protected] Contact to Maritime Authorities for Residents of Lithuania: Lithuanian Maritime Safety Administration J.Janonio str.24, LT-92251 Klaipeda Telephone: +370 46 469 602, +370 46 469 657, +370 45 499 669, e-mail: [email protected] Contact to Maritime Authorities for Residents of Latvia: Maritime Administration of Latvia, Head of Maritime Safety Inspectorate Trijadibas iela 5, LV-1048 Latvia Telephone: +371 670 62166, +371 67062168, e-mail: [email protected], [email protected]