DISNEY Cruise LINE
PO Box 1193, Bondi, LS, 2213,
Bondi Junction, Lindfield Sydney 2070
NSW Australia, AUSTRALIA
CONTRACT NUMBER: AU/DCL/002710 DATE: JANUARY 27, 2014
JOB ID NUMBER: AU/DCL/121DC/22-201
DISNEY CRUISE LINE EMPLOYMENT CONTRACT
TO: <snipped>,
Article 1- Employment Position and Salary
We would like to take this opportunity of welcoming you to Disney Cruise Line Australia and confirm your employment with effect from MARCH 10, 2014 in the position of BARTENDER this letter sets out the terms and conditions of your employment.
Your initial basic starting salary will be 4500-USD per month, and is paid on the last day of each month (or on the previous business day, should the last day fall on a Sunday or Public holiday). This contract can be amended after 14 working days probation period if needed under a mutual agreement between the employee and employer.
Company management will make a deduction of 6% only from employee’s monthly salary to cover all required Tax in accordance with AU Labour Union Law.
Article 2 - Employment, Mustering and Traveling Expenses
1. The Employee shall be engaged for a specific period that shall be stated in the Employment Contract, during which the Employee will serve on vessels covered by this Agreement. Prior to engagement, the Employee shall be trained and medically examined for fitness.
2. There will be no Physical or Telephone Interview in this program; all new employees coming from another country will receive 14days training at Sydney Tourist Center here in Australia before joining there approved department onboard.
3. After completion of service in accordance with the Employment Contract, the
Company shall pay all repatriation expenses, except as stated in Article
2.4.
A travel expense consists of: Airline, Accommodation, train and bus tickets, and, reasonable taxi, and food expenses. Company shall not in any means deduct money from employees official monthly approved Salary in other to cover employees travelling expenses
Travel expenses paid by the Company shall not include the Employee’s baggage in excess of the normal weight allowed by the air carrier. Any such excess baggage shall be paid for by the Employee.
4. The Company obligation to repatriate ceases if a Employee has been lawfully dismissed according to Article 5.
Article 3 - Pay, Working Hours, Rest Hours and Overtime
1. General rules;
The Seafarers pay rates are set out in the Pay Scale, Annex 1. The pay shall be in US dollars (USD). Pay accrues from and including the day the Employee commences service on board, and up to and including the day when the Employee signs off the ship. Each month the Employee is on board, the Employee shall be entitled to payment of one-hundred (100) percent of the Employee Monthly Total Consolidated Pay.
The wages shall be paid monthly.
Any Employee, if he so desires, shall be allowed an allotment note, payable at monthly intervals, of up to 100% of his Wages after allowing for any statutory deductions.
Each Employee shall have at least ten (10) hours off duty in each period of twenty- four (24) hours and seventy-seven (77) hours off duty in any seven (7) days period. The ten (10) hours of rest may be broken into no more than two (2) periods, one (1) of which shall consist of at least six (6) consecutive hours off duty.
The interval between consecutive periods of rest shall not exceed fourteen (14) hours. This period of twenty-four (24) hours shall begin at the time a Employee starts work immediately after having had a period of at least six (6) consecutive hours off duty. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by international instruments shall be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue.
2. Employee covered by this Agreement shall be divided into four groups: Group A: Supervisors:
The Monthly Total Consolidated Pay is calculated to include all regular work and work performed on Saturdays, Sundays, and Public Holidays, irregular work hours, overtime work, vacation pay and food allowance.
Group B: Skilled Personnel:
The Monthly Total Pay includes Basic Pay for a fourty (40) hours ordinary work week, compensation for work between fourty (40) and fifty-six (56) hours per week, sixty-point-sixty-two (60.62) guaranteed overtime hours per month, compensation for work on Saturdays, Sundays & Public Holidays, Vacation Pay and Food Allowance. Extra overtime shall apply after an average of seventy (70) hours of work per week, subject to the provisions in Article 3.5. Extra overtime shall be paid at the rate in Column 9 in the Pay Scale.
Group C: Service Personnel:
The Monthly Total Guaranteed Pay includes Basic Pay for a fourty (40) hours ordinary work week, compensation for work between fourty (40) and fifty-six (56) hours per week, sixty-point-sixty-two (60.62) guaranteed overtime hours per month, compensation for work on Saturdays, Sundays & Public Holidays, Vacation Pay, Food Allowance and Guaranteed Service Money. Extra overtime shall apply after an average of seventy (70) hours of work per week, subject to the provisions in Article 3.5. Extra overtime shall be paid at the rate in Column 9 in the Pay Scale.
Group D: Utility Personnel:
The Monthly Total Pay includes Basic Pay for a fourty (40) hours ordinary work week, compensation for work between fourty (40) and fifty-six (56) hours per week, sixty-point-sixty-two (60.62) guaranteed overtime hours per month, compensation for work on Saturdays, Sundays & Public Holidays, Vacation Pay and Food Allowance. Extra overtime shall apply after an average of seventy (70) hours of work per week, subject to the provisions in Article 3.5. Extra overtime shall be paid at the rate in Column 9 in the Pay Scale.
3. Seniority: Not Applicable
4. A watch list shall be made available showing all ordinary working hours for all Employee covered by this Agreement, except for Employee`s in Group A. Ordinary working hours in this respect is the eight (8) hours per day, seven (7) days per week.
5. Overtime shall be recorded in duplicate by the Employee on a daily basis and signed by a designated supervisor at least once per week after which the record is final. One copy shall be handed over to the Employee. All hours in excess of eight (8) per day shall be included in this record and the sixty-point-six-two (60.62) Guaranteed Overtime hours per month deducted before the additional hours are paid on a monthly basis according to the extra overtime rate as set forth in Column 9 of the Pay Scale. If the Employee does not serve onboard for the whole calendar month, then the number of Guaranteed Overtime hours shall be prorated with two (2) hours per day.
6. Any break, as approved by the Employee`s supervisor, during the work period of less than one-half (½) hour shall be counted as working time.
7. Any hours worked during an emergency directly affecting the immediate safety of the Ship, its passengers and crew, of which the Master shall be the sole judge, or for safety boat drill, or work required to give assistance to other Ships or persons in immediate peril shall not count for overtime payment.
Article 4 - Duration of Service
1. Your Job Employment Contract will be for 6-months period; you will work 4months onboard the ship during your 6months contracts but if you're a good employee there is usually an offer to renew. You will undergo probation period for 14 working days before joining your department onboard. This probation period will start 3days from the day of your employment commencement Date as stated in Article 1.
2. Our Ships Destinations are Alaska, Caribbean, Bahamas, Hawaii, Bermuda, Mexico, Panama Canal, Canada, Mediterranean, Europe, South America, China, Australia, Italy, Greece, Indonesia, India, and Tahiti.
3. All Employee`s shall be engaged on either a mutual thirty (6) months’ notice Employment Contract, or on a fixed period Employment Contract.
4. The Service Period shall not in any circumstance exceed ten (10) months.
Article 5 - Termination
1. The first ninety (90) days of service shall be considered a probationary period, which entitles the Company or its representative, i.e. the Master of the vessel, to terminate the Employment Contract by giving fourteen (14) days notice.
During the probationary period the Employee may terminate the Employment Contract by giving fourteen (14) days notice.
The probationary period shall not apply to Employee`s previously engaged by the Company within a one (1) year period prior to being re-hired.
If the Employment Contract is terminated within the probationary period by the Company, the repatriation costs shall be paid by the Company. If the Employment Contract is terminated within the probationary period by the Employee, the repatriation costs shall be paid by the Employee.
2. a) Employee may terminate the Employment Contract by giving one (1) month’s notice of termination to the Company or the Master of the Ship, either in writing or verbally in the presence of a witness.
b) If the Employee was employed for a specified voyage, and if the voyage is subsequently altered substantially, either with regard to duration or trading pattern, he shall be entitled to terminate the Employment Contract as soon as possible.
c) Employee may refuse to sail into a warlike operations area as defined by Lloyd’s.
d) Employee shall be entitled to terminate the Employment Contract immediately if the Ship is certified substandard in relation to the applicable provisions of the Safety of Life at Sea Convention (SOLAS)
1974, the International Convention on Loadlines (LL) 1966, the Standards of Training Certification and Watchkeeping Convention (STCW) 1978, as amended, the International Convention for the Prevention of Pollution from Ships 1973, as modified by the Protocol of 1978 (MARPOL) or substandard in relation to ILO Convention No. 147, 1976, Minimum Standards in Merchant Ships, as supplemented by the Protocol of 1996. In any event, a Ship shall be regarded as substandard if it is not in possession of the certificates required under either applicable national laws and regulations or international instruments.
e) The Company shall be entitled to terminate the Employment Contract of a Employee prior to the expiration of his period of engagement (as specified in Articles 4.1 and 5.1) in the event of the following:
(i) upon the total loss of the Ship, or
(ii) when the Ship has been laid up for a continuous period of at least one (1) month, or
(iii) upon the sale of the ship, or
(iv) Upon the misconduct of a Employee giving rise to a lawful entitlement to dismiss, or
(v) for any reason at the Company’s sole discretion upon payment of two (2) months Basic Pay Severance.
3. Upon the misconduct of a Employee giving rise to a lawful entitlement to dismiss, the Company shall, prior to dismissal hold a hearing before a Committee consisting of the Master as Chairman, Chief Officer, Hotel Director and a fourth member. The fourth member shall be, depending on whether the Employee is an Officer or from the remaining crew, an Officer or a fourth member appointed by the Employee from among the remaining crew.
In special cases, the Committee may be appointed by the Company and the hearing held ashore if considered necessary in order to best elucidate the factual basis for the dismissal. The composition of the Committee shall if possible be as stated in the previous paragraph.
The Chairman shall question the Employee and any witnesses who might be able to provide information in the case. The remaining members of the Committee and the Employee may ask questions either through the Chairman or directly with the Chairman's consent. If the Master makes a decision in the matter, he/she shall state the ground for it, and the decision shall be entered into the log book or the special protocol. The members of the Committee shall verify by signature the accuracy of the statements.
The Employee shall be given a copy of the Dismissal Form.
A decision on dismissal shall be made as soon as possible and, at the latest, within fourteen (14) days after the circumstances of the case became known, unless special conditions necessitate a longer time limit. The Employee shall, if possible, be informed of the decision immediately.
In the event that the above procedure has not been adhered to, the Employee shall be entitled to the Severance Pay provided for in Article 5.4.
4. The Company shall be entitled to terminate a Employee’s Employment Contract for any reason at the Company’s sole discretion upon payment of two (2) months Monthly Total Consolidated Pay for Employees in Group A and two (2) months Monthly Total Guaranteed Pay for Employees in Group B, Severance. No Severance is due if the termination is a result of any of the following:
(i) the termination is as a result of the expiration of an agreed period of service in the Employment Contract; or
(ii) the termination is as a result of notice given by the Employee as aforesaid;
or
(iii) the Employee is lawfully and properly dismissed by the Company as a consequence of the Employee’s own misconduct, such as but not limited to, violating the Company’s Alcohol and Drug, Policy, Annex 5, or the Sexual Harassment Policy, Annex 6.
5. For the purposes of this Agreement refusal by any Employee to obey an order to sail the Ship shall not amount to misconduct of the Employee where:
(i) the Ship is unseaworthy/or otherwise substandard as defined in Article 5.2, sub-paragraph d); or
(ii) for any reason it would be unlawful for the Ship to sail; or
(iii) the Employee has a genuine grievance against the Company in relation to implementation of this Agreement or the Employment Contract; or
(iv) the Employee refuses to sail into a warlike operations area.
6. The Company shall consider a special request of early termination of the service period on compassionate grounds. If such termination is requested in the case of death or serious illness of the immediate family, the repatriation costs will be at the Company discretion.
7. Any disputes concerning dismissal may be appealed either through the Grievance Procedure, Annex 3 or through the Company’s internal Complaint Resolution Process, Annex 4, at the Employee’s discretion.
Article 6 - Transfer of Seafarers
The Company shall have at their discretion, the option of transferring Employees from one vessel to another vessel, provided that there will not be any interruption of time for calculation of leave benefits nor increase in length of service.
Article 7 - Vacation Pay and Food Allowance
1. The Vacation Pay and Food Allowance is included in the Monthly Total
Consolidated Pay,
2. The Company may specify vacation schedules. Vacations shall begin and end on the dates set forth in the vacation schedule.
Article 8 - Breach of Agreement
If the Company breach the terms of this Agreement, Employee shall be entitled to take such measures against the Company as may be deemed necessary to obtain redress.
Article 9 - Teaching and Training
The Company agrees to undertake a teaching and training program so that a continuous and systematic training is conducted on board, enabling promotion or higher paid positions.
Article 10 - Cargo Handling
The Employees shall not be required or induced to carry out cargo handling and other work traditionally or historically done by dock workers without the prior agreement of the Company dockers' union concerned and provided that the individual Employees volunteer to carry out such duties, for which they shall be adequately compensated.
Compensation for such work performed during the normal working week, as specified in Article 3, shall be by the payment of double the overtime rate (Column 9 of the Pay Scale) for each hour or part of an hour that such work is performed, in addition to the Basic Pay. Any such work performed outside the normal working week will be compensated at triple the overtime rate for each hour or part of an hour that such work is performed in addition to the payment of the normal hourly rate.
Any Employee shall be entitled to act lawfully in respecting any dock workers= trade dispute including but not limited to respecting any picket line or complying with any lawful request not to enter any premises, dock, pier or ocean terminal. The Company will not take any punitive measures against any Employee who respects such dock workers= trade dispute and any such lawful act by the Employee shall not be treated as any breach of the Employment Contract.
Article 11 - Sickness, Injury and Maternity
1. During the period of employment and at the time of disembarking, the Employee shall be liable to medical examination when requested by the Company or its representative.
2. A Employee, who is discharged owing to sickness or injury, shall be entitled to medical treatment (including hospitalization) at the Company’s expense for as long as such treatment is required. The Company shall be liable to defray the expense of medical treatment and maintenance until the sick or injured person has reached maximum medical improvement (MMI).
3. When a Employee is signed off and landed at any port because of sickness or injury, the Employees wages shall continue until the Employee has been repatriated at the Company’s expense or has arrived at the Employee`s home or place of the Employee`s original engagement, whichever place is more convenient for the Employee. Thereafter the Employee shall be entitled to Sick Pay at a rate equivalent to the Monthly Total Pay (Group A), Monthly Basic Pay (Group B & D) and Monthly Guaranteed Basic Pay (Group C), while the Employee remains sick or injured up to a maximum of one-hundred-and-twenty (120) days, provided satisfactory medical certificates are submitted.
4. Employees that become pregnant during the service period are entitled to two (2)months Maternity Pay at a rate equivalent to the Monthly Total Pay (Group A, B
& D) and Monthly Total Guaranteed Pay (Group C).
5. In the event of sickness, injury or maternity necessitating signing off, the Employee shall be entitled to free repatriation in accordance with the provisions in Article 2.
Article 12 - Death and Disability Insurance
1. Loss of life in service:
If a Employee dies whilst in the employment of the Company, including accidents occurring whilst traveling to and from the vessel, or as a result of marine or similar peril, the Company shall pay the sums specified in the attached Schedule of Cash Benefits, Annex 2, to the spouse and to each dependent child up to a maximum of four (4) under the age of 21 . If the Employee does not leave a spouse, the aforementioned sum shall be paid to the Estate of the deceased Employee to be administrated by the person or body authorized by law to act on behalf of the deceased Employee’s Estate.
Any payment effected under this clause shall be without prejudice to any claim for compensation made in law.
2. Disability:
An Employee who suffers injury as a result of an accident from any cause whatsoever whilst in the employment of the Company, regardless of fault, including accidents occurring whilst traveling to or from the Ship and whose ability to work is reduced as a result thereof, shall in addition to his sick pay, be entitled to compensation according to the provisions of this Agreement.
The compensation which the Company, Manager, Manning Agent, and any other legal entity substantially connected with the vessel shall be jointly and severally liable to pay shall be calculated by reference to an agreed medical report, with the Company and the both able to commission their own and when there is disagreement the parties to this Agreement shall appoint a third doctor whose findings shall be binding on all parties. The aforesaid medical report determines the Degree of Disability and the table below the Rate of Compensation.
For the purposes of this Article, loss of profession means when the physical condition of the Employee prevents a return to sea service, under applicable national and international standards and/or when it is otherwise clear that the Employee’s condition will adversely prevent the Employee’s future of comparable employment on board ships.
3. Any payment effected under any section of this Article shall be without prejudice to any claim for compensation made in law.
Article 13 - Uniforms
The Company shall provide uniforms and laundering of same free of charge to the Employees. In case the Employee has to use personal uniforms the Employee shall be compensated with a monthly allowance of USD seventy-five (75).
Article 14 - Crew’s Effects
When any Employee suffers total or partial loss of, or damage to, his personal effects, due to whatever cause, either whilst serving on board the Ship or travelling to and from the Ship, he shall be entitled to recover from the Company compensation up to a maximum specified in the attached Schedule of Cash Benefits, The Employee shall certify that any information provided with regard to lost property is true to the best of his knowledge.
Jewelry, Money and Electronic Equipment must be hand carried while traveling to and from the Ship, such items are not covered by this provision if transported in checked luggage.
The Company shall in addition pay the Employee for necessary clothing needed after a shipwreck.
Article 15 - Food, Accommodation, Bedding, etc; and Personal Safety Equipment
1. The Company shall provide sufficient food of good quality, accommodation of adequate size and standard, bedding amenities, etc., for the use of each Employee whilst serving on board and recreational facilities in accordance with ILO standards.
The accommodation standards shall at least meet those criteria contained in relevant ILO instruments relating to crew accommodation.
2. The Company shall provide the necessary personal protective equipment for the use of each Employee whilst serving on board. Every Employee engaged in the operations and any other person who may be exposed to the risk of injury, poisoning or disease arising from the operations should, when necessary, be provided with and should wear:
a) a suitable safety helmet constructed to an appropriate standard;
b) overalls;
c) waterproof, reinforced, safety boots;
d) depending on the risk, sufficient and suitable protective clothing and equipment, including, but not limited to:
(i) respiratory protective equipment; eye protectors; hearing protection; gloves; welding aprons; safety harness; ropes and attachments; and buoyancy aids; and
(ii) sufficient and suitable protective outer clothing for use by any person who, by reason of the nature of work, is required to continue working in the open air during cold or hot weather, rain, snow, sleet, hail, spray, high winds or hot, humid conditions.
3.
a)
Personal protective equipment should be used on an individual basis and not passed to another person without first being cleaned, serviced and maintained;
b)
The space provided for personal safety equipment should be such as not to
contaminate accommodation or other storage. Personal protective
equipment should be suitable for the purpose and to the required standard,
having regard of the nature of the work;
c)
Where there is a relevant certificate of approval or a national standard or
there is an equivalent international standard, personal protective
equipment should be to that standard.
4. Ships shall be so equipped with survival suits of appropriate size, meeting IMO standards. The Company shall be responsible for ensuring the existence on board of the number of survival suits as required by the IMO.
Article 16 - Service in Warlike Operations Areas
1. During the assignment a Employee shall be given full information of war zone's inclusion in the vessels trading pattern and shall have the right not to proceed to a warlike operations area, in which event he/she shall be repatriated at the Company cost with benefits accrued until the date of return to the port of engagement.
2. Where a vessel enters into an area where warlike operations take place, the Employee will be paid a bonus amounting to double the basic wage for the duration of the vessel's stay in such area subject to a minimum of five (5) days' pay. Similarly the compensation for disability and death shall be doubled.
3. A warlike operations area will be as indicated by Lloyd's.
4. A Employee shall have the right to accept or decline the assignment without risking losing his employment or suffering any other detrimental effects.
Article 17 - Insurance Cover
The Company shall conclude appropriate insurance to cover themselves against the possible contingencies arising from the Articles of this Agreement.
Article 19 - Ship Board Safety and Representation of Employee
1. The Company shall facilitate the establishment of an on board Safety and Health Committee in accordance with the provisions contained in the ILO Code of Practice on Accident Prevention on Board Ship at Sea and in Port, and as part of their safety-management system*. The Company shall provide a link between the Company and those on board through the designation of a person or persons ashore having direct access to the highest level of management*. The Company shall also designate an on board competent Safety Officer who shall implement the Company safety and health policy and programme and carry out the instructions of the Master to:
(i) improve Employees safety awareness;
(ii) investigate any safety complaints brought to his attention and report the same to the safety and health committee and the individual, where necessary;
(iii) investigate accidents and make the appropriate recommendations to prevent the recurrence of such accidents;
(iv) carry out safety and health inspections; and
(v) monitor and carry out the on board safety training of employees
(v) not be subject to dismissal or other prejudicial measures for carrying out functions assigned to the role of safety representative and be entitled to the same protections as the liaison representative.
1. The parties to this Agreement agree on the principle that all disputes between the Employee and the Company can be and must be resolved through friendly negotiations and have therefore agreed on the attached Grievance Procedure, Annex 3.
Article 20 - Jurisdiction
The parties to this Agreement agree that any disputes or claims arising under this Agreement shall be governed and adjudicated pursuant to the laws of the individual vessel’s country of registry and in a jurisdiction agreeable to both parties. In the event that the parties cannot agree on the jurisdiction the jurisdiction issues shall be settled through the Grievance Procedure.
Article 21 - Waiver and Assignments
The Company undertake not to demand or request any Employee to enter into any document whereby, by way of waiver or assignment or otherwise, the Employee agrees or promises to accept variations to the terms of this Agreement or return to the Company, their servants or agents any wages (including backwages) or other emoluments due or to become due to him under this Agreement and the Company agree that any such document already in existence shall be null and void and of no legal effect.
Article 22 - Amendments to and Duration of the Agreement
This Agreement shall be effective for Six [6] months at a time if a request for termination is not given neither by the Company or the Employee with three (14) days written notice.
Amendments mutually agreed on in writing and signed by the parties shall be considered incorporated in these Special Agreement.
Furthermore, should this Agreement continue past........ SIX [6] MONTHS......, then the terms and conditions of this Agreement shall be reviewed by the Company and Employee and if at any time the Company and Employee mutually agree on amendments and/or additions to this Agreement, such amendments and additions shall be agreed in writing and signed by the parties and considered incorporated in the Special Agreement.
This Letter of Agreement shall be governed by and construed in accordance with the laws of AU Labor Union and International Cruise Council.
Please confirm your acceptance of the above terms and conditions by signing and returning to us the duplicate copy of this Letter within seven (7) days from the date of this Letter.
Yours faithfully,
Mrs Geraldine Lawrence
Director HR Department
Disney Cruise Line
Sydney, Australia.
EMPLOYEE'S ACKNOWLEDGEMENT
I accept and agree to the above-stated terms and conditions.
Name:
Nationality:
Passport/ID No:
Signature:
Date:
