REVISION NUMBER

SN ID 03.100.07 5 / 08 OCT. 2020

AND DATE

Complaint Procedure

03.100.07 - Complaint Procedure

1 Purpose
The purpose of this procedure is to:
(a) Ensure that complaints of seafarers which they may have or wish to make are handled in a timely
manner, and at the lowest possible level in accordance with the requirements of the MLC 2006.
(b) Ensure that Complaint filing module available in the Crewing Application is used for raising of
complaints that a seafarer may have.

2 Scope
This procedure applies to:
All Seafarers employed by Maersk Tankers.

3 Roles and responsibilities

Vessel Management – Responsible for managing and governing a mutual and fair handling of complaints
raised by the sea-staff.

Maersk Tankers Crewing – Responsible for providing the necessary assistance with regards to the
resolution of seafarer’s complaints, if vessel’s management is unable to resolve the issue.

4 Complaints:
4.1 If a seafarer has complaints related to their rights to decent conditions of work, social security and
welfare, health and safety protection, accident prevention, accommodation and recreational
facilities, sexual harassment, discrimination because of race, colour, religion, sex, national origin,
handicap, age or ancestry - or any other matter related to alleged breaches of common decency,
respect and placement – all vessels’ managements will contribute to and in case required also
manage and govern a mutual and fair, effective and expeditious handling of any such
complaints.
4.2 Such complaints should as far as practicable possible be resolved at the lowest level possible in
line of immediate superiors. However all seafarers shall have a right to complain directly to one of
the senior officers or the master.
4.3 Seafarers are safeguarded against the possibility of victimization for filing complaints. The term
“victimization” covers any adverse action taken by any person with respect to a seafarer for
lodging a complaint which is not manifestly maliciously made. Lodging a complaint is without
prejudice to the seafarer’s right to seek redress through legal means the seafarer considers
appropriate and legal.

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Complaint Procedure

4.4 Seafarers have the right to be accompanied and to be represented by another seafarer of their
choice on board the ship – to attend any meetings into the subject matter of the complaint.
4.5 If the complaint cannot be resolved, the decision of the Master shall govern at sea and in ports.
The Master shall as soon as possible refer such dispute to the relevant Crewing Department and
afford such facilities necessary to enable the seafarer to transmit their appeal to the Company.
4.6 Seafarers shall remember and respect - that complaints may be unjustified – such as but not
limited to:
Complaints made with ulterior motive of:
• personal revenge
• discrediting others
• highlighting own excellent entirety at the expense of others
• complaints made in order to have greater personal rights than others and greater personal rights
than can be justified
• preparing a counteract for any later expected personal prosecution or reprimand for own
negligence or breach of obligations
• exclusively made for the purpose of demonstrating personal power, self-assertion, self-
satisfaction and self-importance

5 Breaches of Policy
5.1 Any specific arrangements for the implementation of this general policy may be decided by the
Management Team of each vessel, and will take into account existing procedures, facilities
available and any other circumstances particular to that vessel. However, any arrangements put
in place must be in accordance with the main requirements of this general policy of reporting a
complaint.
5.2 Employees should be able to observe transparency and uniform enforcement of these rules, for
which reason the administration of the above-mentioned frame conditions should as far as
practicable possible be enforced alike regardless of vessel type.
5.3 However nothing in these procedure shall prevent, or impede vessel’s management to implement
more flexible procedures for resolving a complaint at a lower level than dictated from these frame
conditions if deemed necessary for well-grounded reason because of legitimate considerateness
to the well-being of seafarers and to the head of the department of the seafarer or the seafarer’s
superior officer.
5.4 Any complaint must be resolved within a reasonable time limit appropriate to the seriousness and
complexity of the issues involved. It is expected that a grievance complaint can be properly
investigated and solved on board within 14 days.

If the complaint is not solved on-board within 14 days, this shall be reported to the Company who will
attempt to solve this within the next 14 days. Any closure of complaint shall be recorded on board via the
Crewing Application and appropriate records shall be maintained on board for a period of 3 years. In case

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Complaint Procedure

a complaint has been addressed by the Company via e-mail, records of such correspondences and
proper closure shall be maintained on board for a period of 3 years for inspection by relevant authorities.

5.5 The following steps are recommended to ensure that complaint are timely settled and at the
lowest possible level:-
i. A seafarer should first raise the matter with their Head of Department on board, who will attempt
to resolve the matter.
ii. If the Head of Department on board is unable to resolve the matter, it shall then be referred to the
Master.
iii. If the complaint cannot be resolved, the decision of the Master shall govern at sea and in ports.
The Master shall as soon as possible refer such dispute to the Company and afford such facilities
necessary to enable the seafarer to transmit their appeal to the Company and/or a relevant union
in order to have such dispute resolved. At the same time the complaint shall be entered into the
ship’s log book.
iv. Legal action cannot be taken until the Company and/or the relevant union have tried to settle the
dispute.
v. A seafarer shall not take any legal action in court or any government office until the complaint
procedure has been exhausted.

All seafarers shall be informed about contact information for the competent authority in the flag State and,
where different, in the seafarers’ country of residence, and the name of a person or persons on board the
ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and
otherwise assist them in following the complaint procedures available to them on board the ship.

All senior officers on board have been instructed to provide seafarers with impartial advice on their
complaint and otherwise assist them in following the complaint procedures available to them on board the
ship.

6 On board Complaint form

The form within relevant Crewing Application module may be filled in by the complainant or by the
counsellor nominated by the Master to act as an adviser.
If the complaint involves assertions against any other seafarer, which may be regarded personal, private
and intimate - such seafarer may in writing on this form not be referred to in an identifiable way.

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Complaint Procedure

7 References
• Maritime Labor Convention 2006
• Maersk Tankers (MT) whistleblower system.

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