(a) Flag State and Port State Responsibilities

Flag State Responsibilities:

• Each flag state is responsible for ensuring that ships flying its flag comply with MLC 2006 provisions.
• It must establish an effective inspection and certification system.
• The flag state may authorize competent and independent public institutions or other recognized organizations to conduct inspections and issue MLC certificates.
• Ships must carry an MLC Certificate along with a Declaration of Maritime Labour Compliance (DMLC) as evidence of compliance.
• Ships must also have procedures in place for addressing complaints and conducting casualty investigations.
• Any victimization of a seafarer for lodging a complaint must be prohibited and penalized.

Port State Responsibilities:

• Foreign-flagged ships can be inspected by Port State Control (PSC) officers to verify compliance with MLC standards.
• These inspections focus on the working and living conditions of seafarers onboard.
• PSC should also accept MLC Certificates and DMLC as proof of compliance.
• Inspections are to be carried out by authorized officers as per the MLC Code provisions.

(b) On-board and On-shore Complaint Procedures

On-board Complaint Procedures:

• Seafarers may lodge complaints concerning breach of their rights under MLC 2006.
• The complaint should first be made to the Head of Department (HOD) or a superior officer.
• If unresolved, it may be referred to the Master, who must address the matter personally.
• Seafarers have the right to representation by another crew member.
• All complaints and decisions must be documented, with a copy provided to the complainant.
• If the issue remains unresolved onboard, it should be referred ashore to the Ship Manager/Owner.
• Seafarers may also submit complaints directly to the Master, Ship Manager, or the Competent Authority.

On-shore Complaint Procedures:

• Complaints may be lodged with an authorized officer at a port where the ship is docked.
• The officer will begin with an initial investigation, followed by a detailed one if needed.
• The officer may attempt to resolve the complaint at the shipboard level.
• If unresolved, the officer shall inform the Flag State and seek a Corrective Action Plan.
• Failing resolution, the case may be escalated to the Director General or other competent authorities.

(c) Detainable Deficiencies

A ship may be detained under MLC 2006 if:

• Required MLC documents are missing, invalid, or improperly maintained.
• Working and living conditions are not in accordance with MLC standards.
• There is reason to believe the ship changed flag to evade MLC compliance.
• There are verified complaints that onboard conditions violate MLC provisions.
• Conditions on board pose a clear hazard to the safety, health, or well-being of seafarers.

In such cases, the authorized officer must ensure that the vessel does not proceed to sea until:

• The non-compliance (NC) is rectified, or
• A satisfactory plan of action is accepted and will be implemented effectively.

(d) Grievance Redressal Mechanisms for Indian Seafarers

Seafarers face challenges due to their inability to stay ashore for long, which hinders proper follow-up on grievances. To address this, the Directorate General of Shipping (DGS), India, has implemented a grievance redressal mechanism, which includes:

• Filing grievances via post or email to the Deputy Director General (Crew Branch), Mumbai.
• Each grievance is registered within 48 hours, and an acknowledgment and registration number is issued.
• Seafarers may also register complaints in person at any MMD office in Chennai, Mumbai, Goa, Kochi, Noida, etc.
• Grievances are personally heard by senior DGS officers once in 3 months on the 1st Wednesday of January, April, July, and October at 1500 hrs.
• The Director General or Joint Director General personally hears grievances once a year on the 3rd Wednesday of a selected month at a designated MMD office.
• The decision of the DGS is considered final and binding.