Section 21.3 Welfare, Grievance Procedures, and Dispute Resolution

The well-being of the crew is a cornerstone of a safe, efficient, and harmonious shipboard environment. The Maritime Labour Convention, 2006 (MLC, 2006) sets out comprehensive rights and protections for seafarers, including those related to health and safety, conditions of employment, accommodation, recreational facilities, food and catering, and medical care. The Master plays a critical role in ensuring these standards are met and that effective procedures are in place for addressing crew grievances and resolving disputes fairly and promptly.

1. Promoting Crew Welfare:

Decent Living Conditions:

Accommodation: Ensure cabins, mess rooms, sanitary facilities, and recreational spaces are clean, well-maintained, and meet MLC, 2006 standards regarding size, furnishing, heating, ventilation, and lighting.

Food and Catering: Provide good quality, varied, and nutritious food prepared in hygienic conditions, taking into account different cultural and religious dietary needs where practicable. Ensure access to potable drinking water. The ship’s cook must be suitably trained.

Recreational Facilities: Ensure access to appropriate recreational facilities (e.g., TV, movies, books, games, gym equipment, internet access where available) to help alleviate boredom and isolation.

Health and Medical Care:

Access to Medical Care: Ensure prompt access to medical care onboard, including adequate medical supplies and a designated medical officer (usually the Master or a delegated officer with required medical training). Arrange for shore-side medical attention when necessary.

Prevention of Fatigue: Implement and monitor compliance with hours of work and rest as per STCW and MLC, 2006 to prevent fatigue, which is a major contributor to accidents. Ensure accurate records of work/rest hours are maintained.

Mental Health and Well-being: Be attentive to the signs of stress, anxiety, or depression among crew members. Foster an environment where seafarers feel comfortable discussing mental health concerns. Provide access to company-provided support services if available (e.g., helplines). Promote social interaction and healthy lifestyle choices.

Safety and Occupational Health:

Maintain a safe working environment, free from recognized hazards.

Ensure Personal Protective Equipment (PPE) is available, maintained, and used correctly.

Implement procedures to prevent bullying and harassment.

Communication with Family: Facilitate crew communication with their families (e.g., through internet access, satellite phone calls at reasonable rates) as this is vital for morale.

Shore Leave: Encourage and facilitate shore leave for crew members when operational circumstances and port regulations permit, recognizing its importance for rest and well-being.

2. Onboard Grievance Procedures (MLC, 2006 Requirement): MLC, 2006 (Regulation 5.1.5) requires ships to have onboard procedures for the fair, effective, and expeditious handling of seafarer complaints or grievances.

Purpose: To provide seafarers with a formal channel to raise concerns or complaints without fear of reprisal and to have them addressed in a timely and impartial manner.

Key Elements of a Grievance Procedure:

Accessibility: The procedure should be easily accessible and understandable to all seafarers, in a language they understand.

Right to Complain: Seafarers should have the right to lodge complaints directly with the Master or a designated senior officer, or with an external authority if necessary.

Right to be Accompanied: Seafarers should have the right to be accompanied or represented during the grievance process (e.g., by a fellow crew member, union representative if applicable).

Prompt Handling: Complaints should be handled promptly and efficiently.

Impartiality and Fairness: The process should be impartial, and the seafarer should receive a fair hearing.

Confidentiality: Complaints should be handled with an appropriate level of confidentiality.

Protection Against Retaliation: Seafarers lodging a complaint should be protected from any form of victimization or retaliation.

Right to Appeal: The procedure should allow for the seafarer to appeal to a higher authority within the company or to external bodies (e.g., Flag State, P&I Club, ITF) if they are not satisfied with the outcome of the onboard procedure.

Master’s Role:

Establish and Publicize: Ensure that the company’s approved onboard grievance procedure is in place, understood by all crew, and prominently displayed.

Receive Complaints: Be prepared to receive complaints directly or ensure the designated officer does so.

Investigate Thoroughly: Ensure all complaints are investigated thoroughly, fairly, and objectively.

Seek Resolution: Attempt to resolve grievances at the lowest possible level, amicably and to the satisfaction of the seafarer, where possible and appropriate.

Document: Keep detailed records of all grievances lodged, investigations conducted, actions taken, and resolutions reached.

Inform Company: Keep the company informed of serious grievances or those that cannot be resolved onboard.

3. Dispute Resolution: Disputes can arise between crew members, between crew and officers, or concerning terms of employment or working conditions.

Early Intervention: The Master should intervene early in disputes to prevent escalation.

Mediation: Often, the Master or a senior officer will need to act as a mediator. This involves:

Listening to all sides of the story without bias.

Helping to clarify the issues.

Facilitating communication between the parties.

Guiding them towards a mutually acceptable solution.

Focus on Facts and Company Policy: Base resolutions on factual evidence and in accordance with company policies, employment agreements, and relevant regulations (e.g., MLC, 2006).

Disciplinary Procedures: If a dispute involves a breach of discipline, follow the company’s established disciplinary procedures. These must be fair, transparent, and documented. The seafarer has the right to a fair hearing and to be represented.

Seeking External Assistance: For complex disputes or those that cannot be resolved onboard, the Master should seek guidance and assistance from the company. In some cases, external mediation or intervention by Flag State or P&I Club may be necessary.

Maintaining Harmony: The ultimate goal is to resolve disputes in a way that restores harmony and maintains good working relationships onboard, while ensuring fairness and justice.

4. Handling Complaints of Harassment or Bullying:

Zero Tolerance Policy: The company and the Master must enforce a zero-tolerance policy towards any form of harassment (including sexual harassment) or bullying.

Clear Reporting Mechanisms: Ensure crew members know how to report such incidents confidentially and without fear of reprisal.

Prompt and Thorough Investigation: All allegations of harassment or bullying must be taken seriously and investigated promptly, discreetly, and impartially.

Support for Victims: Provide support to any crew member who has been subjected to harassment or bullying.

Appropriate Action: If harassment or bullying is found to have occurred, take appropriate disciplinary action against the perpetrator(s) in accordance with company policy. This may include removal from the vessel.

Prevention: Promote a culture of respect and actively work to prevent harassment and bullying through training and awareness programs. By prioritizing crew welfare, implementing fair and transparent grievance procedures, and effectively managing disputes, the Master can significantly contribute to a positive and productive shipboard environment. This not only meets legal and ethical obligations but also enhances crew morale, retention, and overall operational safety and efficiency.