REPUBLIC of SAN MARINO

Rev. 0MARITIME AUTHORITY
MAIN CONTACT: SAN MARINO SHIP REGISTER
PH: +378 (0549) 960075| FAX: +378 (0549) 941305| EMAIL: flagstate@smsr.sm

San Marino Policy Letter
SMPL – 2021-MLC-003
28 September 2022
San Marino Ship Register SMSR
Maritime Labour Convention, 2006 – MLC Complaint
Procedure

TO: Recognised Organisations, Shipowners, Managers, Masters, Seafarers, SMSR partners, SMSR
brokers, Surveyors, and the general public.

REPUBLIC of SAN MARINO
MARITIME AUTHORITY
MAIN CONTACT: SAN MARINO SHIP REGISTER
PH: +378 (0549) 960075| FAX: +378 (0549) 941305| EMAIL: flagstate@smsr.sm

Rev. n0Date280922

Changesn/a2Initials
nc

REPUBLIC of SAN MARINO
MARITIME AUTHORITY
MAIN CONTACT: SAN MARINO SHIP REGISTER
PH: +378 (0549) 960075| FAX: +378 (0549) 941305| EMAIL: flagstate@smsr.sm

Maritime Labour Convention, 2006 – MLC Complaint Procedure
1. General Provisions
The Administration is committed to ensuring that all seafarers employed on San Marino-registeredvessels have decent working and living conditions, a safe and secure workplace, and fair
employment.
All San Marino-registered ships to which the Maritime Labour Convention, 2006 applies must havean onboard procedure for the fair and effective handling of seafarer complaints alleging breachesof the Convention. This procedure shall be without prejudice to any wider scope that may be given
in San Marino laws or regulations or any collective agreements.
All seafarers shall be provided with a copy of the on-board complaint procedure applicable on theship. This shall include contact information of the San Marino Ship Registry, and for seafarers who
are not resident in San Marino, contact information for the competent authority in the seafarer’scountry of residence. This will need to cover all nationalities working onboard the ship.
Information on competent authorities is available on the ILO MLC 2006 database. It is recommended
this information is reviewed periodically to ensure it remains current.
The on-board complaint procedures shall include the right of the seafarer to be accompanied orrepresented throughout the complaint procedure, as well as safeguards against the possibility ofvictimization of seafarers 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
vexatious or maliciously made.
Seafarers are encouraged to use their ship’s onboard complaint procedure to resolve complaints at
the lowest level possible. However, where the complaint cannot be resolved on board, seafarers
may make a report to the San Marino Ship Registry. The seafarer also has the right, if deemed
appropriate, to bring the complaint directly to the San Marino Ship Registry.
MLC Complaint must be submitted using the form in Annex II to this Policy Letter and sent via email
to the following email address: flagstate@smsr.sm.

3

REPUBLIC of SAN MARINO
MARITIME AUTHORITY
MAIN CONTACT: SAN MARINO SHIP REGISTER
PH: +378 (0549) 960075| FAX: +378 (0549) 941305| EMAIL: flagstate@smsr.sm

ANNEX I – onboard complaint procedure minimum requirements
Minimum requirements for MLC complaint procedures under the San Marino Flag are as follows.
1. MLC complaints should be resolved quickly and effectively, at the lowest level possible.
2. Seafarers must not be victimized in any way for filing a complaint and action shall be taken
against any person who has been found to victimize a complainant.
3. Complaints should be addressed to the head of the seafarers’ department or to their superior
officer. Complaints regarding health and safety matters should also be reported to the safety
officer.
4. The head of department or superior officer should attempt to resolve the matter within aprescribed time limit.
5. If the complaint cannot be resolved by either the head of department or the superior officer
to the satisfaction of the seafarer, then the seafarer may refer the matter to the master whoshould personally handle the complaint.
6. Seafarers should have the right at all times to be accompanied and to be represented byanother seafarer of their choice on board the ship.
7. All complaints and the decisions on them should be recorded and a copy provided to theseafarer.
8. If a complaint cannot be resolved on board, the matter should be referred ashore to theshipowner who should be given an appropriate time limit for resolving the matter. Ifnecessary, consultation should be undertaken with the seafarer(s) concerned or their
appointed representative.
9. In all cases seafarers should have the right to lodge complaints directly with the master and/or
the shipowner. The key to having an effective onboard complaints procedure is:-Have it known to all on board-

Keep it simple-

Deal with any complaints quickly and openly

10. If the complaint cannot be resolved on board or within the company, then the seafarer has
the right to inform the Flag Administration or, in specific urgent circumstances, the local Port
Authorities.

4REPUBLIC of SAN MARINOMARITIME AUTHORITY

ANNEX II – Complaint report to the San Marino Flag Administration

Fill In and mail to flagstate@smsr.sm
12345678
9

Seafarer’s book number
Vessel IMO numberFirst Name
Last Name
Date of birth
Email address
Alternate email address
Telephone numberAddress

10

Nature of complaint

1112Date complaint filed
On board complaint
reported to13

Brief summary of why thecomplaint was not resolved
on board, if submitted.

14

Brief summary of why thecomplaint was not submitted
on board

15

Complaint matter

16

Brief summary of thecomplaint related to thearea(s) selected in Box 151717a17b17c17d17e

Is this complaint being
submitted by the Seafarer*?
*NOTE: If you selected “NO”,
please complete the fields
17a-17f
First nameLast name
Email address
Telephone numberAddress

17f
18

Relation to the seafarer
AttachmentsooWorking or living conditions on board
Complaint relates to a single seafarer

oooooSuperior Officer
Head of Department
Master
Shipowner’s Representative Ashore
Not reported on boardooooooooooo

Recruitment and Placement Services (Manning Agency)
Seafarers Employment Agreement
Payment of Wages
Hours of Work or Hours of Rest
Entitlement to Leave
Repatriation
Accommodation Facilities
Recreational Facilities
Food, Water and Catering
Medical Care On board and Ashore
Otheroo

YesNo

Supporting documents or pictures can be sent as an attachment
o Yes – attachedo No