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Filing an MLC complaint

MLC 2006 Regulation 5.1.5 requires every flag state to provide an onboard complaints procedure, and Regulation 5.2.2 requires every port state party to provide a procedure for handling complaints from seafarers in their ports. A formal complaint can result in port-state inspection, deficiency notes, and — for serious failures — vessel detention. Use this when the onboard complaints process has failed or where the ship is non-compliant in ways that affect crew welfare.

Step-by-step

  1. Exhaust the onboard procedure first: speak to the head of department, then the Master, then submit a written complaint per the procedure posted in the messroom (required by Standard A5.1.5).
  2. If onboard escalation fails or is unsafe: file with the flag state's maritime administration (contact details on the MLC-DMLC Part II) — this is your primary route.
  3. If the flag state does not act, file with the port state in your current or next port. Most port-state regimes (Paris MoU, Tokyo MoU, USCG, AMSA) accept written complaints from any seafarer.
  4. For organised support: ITF inspector at the port can submit on your behalf and back the complaint with a vessel visit. ISWAN provides case management.
  5. Provide: copy of SEA, photographs of the issue (e.g. accommodation, food, working conditions), timeline of complaints already raised, witness names where willing.
  6. PSC officers cannot identify you to the Master without your consent. Insist on this in the complaint.

Evidence to save

What NOT to sign

Legal basis

MLC 2006 Regulation 5.1.5 (onboard complaint procedures), Regulation 5.2.2 (onshore seafarer complaint-handling procedures), Standard A5.2.2 (procedural requirements for the port state). Paris MoU and Tokyo MoU concentrated inspection campaigns periodically focus on MLC compliance.

Primary sources

Related terms

Organisations that can help

Disclaimer. General information only — not legal advice. Rules vary by flag state, port state, vessel type, applicable CBA, and contract. For specific cases, contact ITF, ISWAN, your union, or a maritime lawyer.