Merchant Shipping (Maritime Labour Convention) Act 2014 · 2020 Revised Edition · Part 9 · Complaints
55. On‑board complaint procedures
Feedback & supportA shipowner must ensure that there are on board the shipowner’s ship appropriate procedures to allow seafarers to make a complaint against any person in connection with any possible breach of any provision under this Act or other relevant written law.
shipowner
“shipowner”, in relation to a ship, means the owner of the ship, and includes —(a)the registered owner; or(b)in the absence of registration —(i)the person owning the ship; or(ii)any other person (such as the ship manager, agent or bareboat charterer) who has assumed responsibility for the operation of the ship from the owner and who, on assuming such responsibility, has agreed to take over the duties and responsibilities imposed on shipowners in accordance with the Convention, whether or not any other organisation or person fulfils certain of the duties or responsibilities on the shipowner’s behalf;
The procedures mentioned in subsection (1) include —
a right to lodge a complaint directly with the master of the ship;
a right to be represented or accompanied; and
adequate safeguards to ensure that the rights of the seafarers are not prejudiced by the making of complaints.
On the receipt of a complaint, the master must investigate the complaint.
master
“master” includes every person, except a pilot, having command or charge of a ship;
If a seafarer is not satisfied with the action taken by the master as a result of the master’s investigation, or by the master’s failure to take any action, the seafarer may state his or her dissatisfaction to the master and indicate that he or she wishes to lodge a complaint to the Director or if the ship is not in Singapore, to a port State authority.
seafarer
“seafarer” means any person, including the master, who is employed or engaged or works in any capacity on board a ship, but does not include —(a)a pilot;(b)a port worker;(c)a person temporarily employed on the ship during the period it is in port; and(d)a person specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of persons not to be regarded as seafarers;
On being notified of the seafarer’s dissatisfaction under subsection (4), the master must make adequate arrangements to enable the seafarer to lodge a complaint as soon as the service of the ship permits.
ship
“ship” has the meaning given by the Merchant Shipping Act 1995, but does not include —(a)any vessel which navigates exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where the Maritime and Port Authority of Singapore (Port) Regulations apply;(b)any warship or naval auxiliary;(c)any ship engaged in fishing or in similar pursuits;(d)any ship of traditional build such as dhows and junks;(e)any ship that is intended to be operated without any seafarer on board; and(f)any ship specified in an Order made by the Authority, with the approval of the Minister, declaring the categories of ships to be excluded from the application of this Act;
The Director must, on receiving the complaint mentioned in subsection (4), investigate the complaint.
Director
“Director” means the Director of Marine appointed under section 4 of the Merchant Shipping Act 1995 and includes the Deputy Director of Marine appointed under that Act;
A master of a ship who, without reasonable cause, fails to comply with this section, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.