Section 26 in The Merchant Shipping (Maritime Labour) Rules, 2016
26. On board complaint procedures.
- The Indian Flag ship shall adopt following on board complaint procedures:-(1)Any aggrieved seafarer serving on board an Indian flag ship shall, as soon as is feasible, submit a written complaint to his Head of Department on board (deck or engine), which shall be immediately and formally acknowledged by the Head of Department to the seafarer concerned.(2)If the Head of Department cannot resolve the seafarer's complaint to the satisfaction of the seafarer, within a prescribed time limit of three days of receipt of the complaint, the Head of Department shall refer it to the Master of the ship, who shall handle the matter personally and settle the issue within seven days of receipt of complaint.(3)A seafarer shall, at all times, have the unequivocal right to be accompanied and to be represented by another seafarer of his choice on board the ship concerned, while making the complaint or for the follow-up work thereon.(4)All complaints and decisions on the complaint shall be duly recorded in the official record book and a copy of the decision taken, in each case, shall be provided to the seafarer concerned by the said issue resolving authority. A proper documentary record of all the complaints and actions taken on each complaint shall be kept on board and shall be available for an inspection by the authorities concerned for a period of at least three years of receipt of complaint.(5)If the Master of the vessel cannot resolve the complaint on board, he shall take it up with to the ship owner concerned, under and due immediate intimation to the seafarer. The ship owner shall resolve the matter, without any delay, but not later than within a maximum period of one month of receipt of complaint. Contact details of the ship owner for resolving seafarer's complaints shall be made available on board, by the Master of the vessel. The ship owner shall, in resolving the complaint, take the assistance of the Committee that may be set up by it, comprising the seafarers union(s) also.(6)If the complaint of the seafarer is not resolved by the recruitment and placement service or ship owner within one month, including the Committee also represented by the seafarers union, the seafarer shall have the right to approach the competent authority, through the Grievance Redressal Mechanism as may be issued by the Director General from time to time. The complaint so registered with the authority shall contain the copies of the complaint made by the seafarer to all his superiors, as mentioned above, including to the recruitment and placement service or ship owner or Union (if any) and the replies given thereto by them, if any.(7)A seafarer on board a vessel calling at a foreign port, in between a voyage shall also have the right to separately report his complaint alleging breach of the requirement of, the Maritime Labour Convention, 2006 including seafarers' rights, to the authorised officer at that port, under the Maritime Labour Convention on-shore seafarer complaint handling procedures.(8)In all such cases, seafarers shall also have the right to file their complaints directly with the Master or recruitment and placement service provider or ship owner or any other legal entity that the seafarers may consider appropriate for the purpose.
