КОНВЕНЦИЯ 2006 ГОДА О ТРУДЕ В МОРСКОМ СУДОХОДСТВЕ. Конвенция. Международная организация труда. 23.02.06

Standard A5.2.2
            Onshore seafarer complaint-handling procedures

     1.   A   complaint  by  a  seafarer  alleging  a  breach  of  the
requirements  of  this Convention (including seafarers` rights) may be
reported  to an authorized officer in the port at which the seafarer`s
ship has called. In such cases, the authorized officer shall undertake
an initial investigation.
     2.  Where  appropriate,  given  the  nature of the complaint, the
initial  investigation  shall  include  consideration  of  whether the
on-board  complaint  procedures  provided  under Regulation 5.1.5 have
been explored. The authorized officer may also conduct a more detailed
inspection in accordance with Standard A5.2.1.
     3.  The  authorized  officer  shall,  where  appropriate, seek to
promote a resolution of the complaint at the ship-board level.
     4. In the event that the investigation or the inspection provided
under  this  Standard  reveals  a non-conformity that falls within the
scope  of  paragraph  6  of  Standard  A5.2.1,  the provisions of that
paragraph shall be applied.
     5.  Where  the  provisions of paragraph 4 of this Standard do not
apply,  and  the  complaint  has  not  been resolved at the ship-board
level,  the  authorized officer shall forthwith notify the flag State,
seeking, within a prescribed deadline, advice and a corrective plan of
action.
     6.  Where  the  complaint  has not been resolved following action
taken  in accordance with paragraph 5 of this Standard, the port State
shall  transmit  a  copy  of  the  authorized  officer`s report to the
Director-General. The report must be accompanied by any reply received
within  the  prescribed  deadline  from the competent authority of the
flag  State.  The appropriate shipowners` and seafarers` organizations
in the port State shall be similarly informed. In addition, statistics
and  information regarding complaints that have been resolved shall be
regularly  submitted  by  the port State to the Director-General. Both
such  submissions  are  provided  in  order that, on the basis of such
action  as  may  be  considered appropriate and expedient, a record is
kept  of  such information and is brought to the attention of parties,
including  shipowners`  and  seafarers`  organizations, which might be
interested in availing themselves of relevant recourse procedures.
     7.   Appropriate   steps   shall   be   taken  to  safeguard  the
confidentiality of complaints made by seafarers.