Rights only matter if they are enforced. The last Title of the MLC sets out your complaint routes and the inspection powers of States.
Complaints on board (Regulation 5.1.5)
- Every ship must have a procedure for the fair, effective and expeditious handling of complaints about MLC breaches.
- Complaints should be resolved at the lowest possible level, but in all cases you have the right to complain directly to the master and, where you consider it necessary, to external authorities.
- You have the right to be accompanied or represented by another seafarer of your choice.
- Victimization for filing a complaint is prohibited and penalized.
- Together with your employment agreement you receive a copy of the on-board complaint procedure, including contact details for the competent authority of the flag State and your country of residence, and the name of a person on board who can give you confidential, impartial advice.
Guideline B5.1.5 suggests the steps: head of department → master → shipowner. Every complaint and decision is recorded and you receive a copy.
Image: Coast Guard / Wikimedia Commons, Public domain
Port State control (Regulation 5.2.1)
- A foreign ship calling at a port may be inspected for MLC compliance, starting with the Maritime Labour Certificate and DMLC.
- A more detailed inspection follows if documents are missing or invalid, there are clear grounds to believe conditions do not comply, the ship may have changed flag to avoid the Convention, or there is a complaint.
- If conditions are clearly hazardous to seafarers' safety, health or security, or there is a serious or repeated breach, the officer can prevent the ship from sailing.
Complaints ashore (Regulation 5.2.2)
A seafarer whose ship calls at a port may report an MLC breach to an authorized officer there. The officer investigates, encourages a solution on board and, if unresolved, notifies the flag State; the report can be sent to the ILO. Complaints are kept confidential — inspectors must not reveal to the shipowner that an inspection followed a complaint.
Making an effective complaint
- Write down dates, times, people and events.
- Keep evidence: agreement, wage accounts, rest records, photos.
- Use the on-board procedure first; go straight to external authorities if you fear reprisal or face undue delay.
- Ask your union or ITF inspectors for support.
Practical tip: Save the contact details from your copy of the complaint procedure on your phone — it is hard to look them up later on a ship without internet.
Source: ILO, Maritime Labour Convention, 2006 — Regulations 5.1.5, 5.2.1, 5.2.2. This article is based on the MLC 2006 text published by the ILO and is for general information. Your flag State's law or your collective agreement may give you more favourable terms; in a specific dispute, talk to your union or a lawyer.
Full series: MLC 2006 Guide: Seafarers' Rights
