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PRINCESS CRUISE LINES LTD.
PRINCIPAL TERMS AND CONDITIONS OF EMPLOYMENT
Life and work at sea are different than on land and the Principal Terms and Conditions ofEmployment and Code of Conduct are designed as a guide to the types of behavior which areexpected and are not accepted.
As an individual you have the right to perform your job to the best of your abilities, the right tobe treated fairly by both your co-workers and your supervisor, and the right to enjoy your resttime in any way you please, within the ship’s rules and regulations and without disturbancefrom others. To enjoy these rights as an individual you also have the obligation to respect theindividual rights of everyone else in the ship’s complement.
To avoid persons taking matters into their own hands, it is essential to have a procedure fordealing with complaints which enables the complainant with a genuine grievance to bring it,simply and quickly, to the attention of a person in authority. This procedure is contained withinAnnex II of this document.
This is a dynamic and successful company offering luxury cruises throughout the world. It is ourrecruiting policy to engage only the best individuals of good character. We understand that youwould have certainly had other possibilities of employment and we are pleased that you havechosen to join us.
Welcome Aboard!
Table of Contents
A. Wage DetailsB. Guaranteed Consolidated Monthly WageC. Excess Overtime HoursD. Payment of WagesE. Discretionary Hotel & Dining Charge PoolF. Wage Grievance Procedure Service in Case of Emergency; Safety and Security of the Vessel Discipline, Complaints, Duties and Code of Conduct Crew’s Effects, Loss or Damage through Misfortune Dress Code: Appearance, Personal Cleanliness & Hygiene ARTICLE 1
Parties and Application of Agreement
These Principal Terms and Conditions of Employment (“Terms”) shall apply to crew membersemployed by Princess Cruise Lines Ltd., a Bermuda Company (“Company”) except asotherwise expressly stated in writing. Any employee (also referred to as “crew member”) towhom these Terms are applicable shall be considered a member of the crew in the service ofthe assigned ship and covered by these Terms with effect from the date on which crewmember signs the ship’s Crew Agreement until the date on which crew member signs off.
Notwithstanding this provision, if the crew member works aboard the vessel during any periodafter signing off without executing a new Crew Agreement, or is appointed by the Company towork on a vessel under construction, these Terms, to the extent applicable, will govern anysuch subsequent employment.
ARTICLE 2
Employer and Employee
The Employer is the Company as defined in Article 1 above. Each employee (also referred toas “crew member”) covered by these Terms, on joining the ship or on transferring to anothership, must also sign the Crew Agreement, a legally binding document that incorporates thesePrincipal Terms and Conditions of Employment, and together with each Annex attached, anyapplicable collective bargaining agreement, the Captain’s Standing Orders for the vessel onwhich the crew member is serving, and the Acceptance of Employment Terms and Conditions,all of which are incorporated by reference, they comprise the “Contract of Employment.” TheCompany reserves the right to transfer the crew member to any Company vessel or anyvessel covered under its manning agreements and the crew member agrees to provideservices while onboard any vessel to which he/she may be appointed.
ARTICLE 3
Duration and Termination of Contract of Employment
A. TERMINATION UPON NOTICE
The period of time for which a crew member is employed shall be at the parties’ mutualagreement. Notwithstanding any other provision contained herein, this Contract ofEmployment (hereinafter “Contract”) is terminable immediately at the will of either theCompany or the employee, with or without cause, upon seven days oral or written noticeof termination or resignation. In the event the employee becomes unable or unfit to workin the position for which he/she was hired for any reason, including but not limited to illness,injury or incapacity, this Contract may be terminated and unearned wages, if any are owed,shall not extend beyond the end of the voyage during which the employee signed off duty.
B. TERMINATION WITHOUT NOTICE
The Company has the right to terminate this Contract without notice immediately upon theemployee’s unscheduled disembarkation from the assigned vessel for any reason, includingbut not limited to personal leave, illness or injury, for more than 24 continuous hours.
C. TERMINATION UPON DESERTION
Crew member’s employment ceases immediately if he/she deserts the vessel, or if beforesigning on or after signing off, crew member decides to visit and/or reside in any other placeprior to reporting to the assigned vessel or returning home as the case may be. If crewmember fails to report to the assigned vessel as scheduled in such circumstances, nowages or other benefits shall be due from the Company. If desertion occurs after signing onthe vessel, the date of desertion will be taken as the date of cessation of employment. Inany such case, the crew member shall indemnify the Company in every respect against loss,damage, expense, fine and death or disability claims or any other claims arising as a resultof, relating to or connected with such decision of the crew member.
ARTICLE 4
A. WAGE DETAILS
It is the intention and strict policy of the Company to pay all crew members for all hoursworked. Details of crew position and individual wages, which will have been received by allcrew members in advance of reporting for employment or signing onto a vessel, are as setforth in the Acceptance of Employment Terms and Conditions the crew member signs ator before the time of signing the Crew Agreement. Crew members governed by theseTerms fall into one of the following two categories for purposes of GuaranteedConsolidated Monthly Wage rate and eligibility (or ineligibility) for excess overtime hourspay: (1) hourly crew members whose compensation for regular and overtime hours isbased on a guaranty of pay for three hundred thirty (330) hours per thirty (30) day month(“330 crew members”), and (2) hourly crew members whose compensation for regularand overtime hours is based on a guaranty of pay for three hundred ninety (390) hours perthirty (30) day month (“390 crew members”). Details regarding Guaranteed ConsolidatedMonthly Wage and overtime hours in excess of those already included in the GuaranteedConsolidated Monthly wage (hereafter “excess overtime hours”), if any, are as set forth inthe Crew Agreement, in the Acceptance of Employment Terms and Conditions, and inthese Terms, additional copies of which are available on board the vessel upon request. B. GUARANTEED CONSOLIDATED MONTHLY WAGE
Crew members receive a Guaranteed Consolidated Monthly Wage for each calendarmonth worked. Except as specified herein, this Guaranteed Consolidated Monthly Wageincludes all the compensation crew member will receive from the Company for all regularhours worked including, without limitation, overtime hours and for working on Saturdays,Sundays and public holidays, whether locally, nationally or internationally observed. The calculation of the Guaranteed Consolidated Monthly Wage is neither increased nordecreased based on the specific itinerary of any vessel or whether it crosses internationaldate lines.
C. EXCESS OVERTIME HOURS
In consideration of the Guaranteed Consolidated Monthly Wage and payment for excessovertime hours worked (if any), as defined in this section, all 330 crew members agree toperform all work assigned to them. For 330 crew members, excess overtime hours arepaid in addition to the Guaranteed Consolidated Monthly Wage when the Company’srecords show that the total hours actually worked during the month exceed eleven (11)hours multiplied by the total days in the month. Thus, for example, all hours worked in athirty (30) day month in excess of three hundred and thirty (330) hours are compensatedat the excess overtime hours’ rate. For periods worked of less than one month, excessovertime hours are paid when the Company’s records show that the total hours actuallyworked exceed eleven (11) hours multiplied by the number of days worked. For example,all hours worked in excess of one hundred and ten (110) during a period of ten daysonboard during a month would be paid at the excess overtime hours’ rate. It is understoodand agreed that a 330 crew member is not entitled nor does he/she have any right to workor to be assigned to work excess overtime hours, which are assigned at the discretion ofthe shipboard management on an “as needed” basis. Therefore, all hours worked forwhich excess overtime is claimed must be authorized in advance of working such hours. In consideration of the monthly wage and, where applicable, the opportunity to participatein various pools and bonus programs, all 390 crew members agree to perform all workassigned to them. For 390 crew members, the monthly wage has been calculated and willbe paid by the same method as for 330 crew members, except using thirteen (13)-hourdays in a thirty (30) day month. The guaranteed pay for these positions therefore already includes compensation for all hours that could be worked. Accordingly, the Company willnot assign, authorize or approve excess overtime to 390 crew members, and every 390crew member hereby agrees not to work, and therefore not to claim compensation for,any excess overtime hours. No hours shall be authorized or worked by 390 crewmembers under any circumstances in excess of a total of 390 hours per month, unless andsolely to the extent authorized and directed by the Captain in exigent circumstances.
Hours of work and/or rest shall be recorded for each individual. The Company relies uponeach crew member to accurately report and verify in writing all hours worked and/or restedon a daily basis and crew member agrees to be responsible for ensuring the accuracy ofany time records he/she signs. The crew member’s written verification of his/her hoursduring or at the end of each month shall be deemed an admission by crew member of theaccuracy of the hours recorded and a waiver of any right to claim compensation for unpaidhours at a later time.
D. PAYMENT OF WAGES
Unless otherwise specified, wages accrue from and including the day the crew membersigns the Crew Agreement onboard, up to and including the day when the crew membersigns off the vessel. Wages are paid monthly in arrears according to the Company’srecords. Compensation for periods of less than one month is pro-rated on the basis ofone/thirtieth for each day worked. The monthly wage paid to each crew member shall bein accordance with the wages in effect at the time and as set out in each individual crewmember’s letter of appointment and/or Acceptance of Employment Terms and Conditionssetting forth such wages as applicable. E. DISCRETIONARY HOTEL & DINING CHARGE POOL
Other than as specified in these Terms or the Acceptance of Employment Terms andConditions, the Company makes no promise, guarantee or commitment, and crewmember agrees he/she does not expect or anticipate payment by the Company of anycompensation beyond the Minimum Wage Guarantee. It has been the Company’s experience that passengers often wish to recognize andreward shipboard staff for working successfully and as a cohesive team to make the cruiseexperience enjoyable. Accordingly, during each voyage of each vessel a voluntarycontribution by each passenger will be suggested for that purpose. Passengers are notobligated to make a contribution or to adhere to the Company’s suggested guidelines forsuch a contribution. Nonetheless, to the extent passengers follow the suggestedcontribution guidelines in whole or in part, or deliver their contribution to the Company ordirectly to any crew member(s), each and every crew member agrees that any suchcontribution is not his personal wage, but rather a contribution to the Discretionary Hoteland Dining Charge Pool (the “Pool”). Each and every crew member also agrees to deliverany such voluntary passenger contribution he or she receives from any passenger underany circumstances to the Pool immediately upon receipt of the contribution from thepassenger.
Other than as stated below, the Company is in no way liable to make up any difference between the total of the suggested contributions to the Pool and the actualcontributions for any given vessel voyage. The solicitation of compensation of any kind bycrew members from passengers is strictly prohibited.
A separate Pool of passenger contributions will be collected and maintained by theCompany for each voyage of each vessel for the benefit of crew members eligible toreceive distributions from the Pool, i.e. those working on the vessel voyage associated witha particular Pool in positions so specified in each crew member’s Acceptance ofEmployment Terms & Conditions. Employees who might be eligible to participate in the Pool include all persons working in any capacity in the Hotel and Food and BeverageDepartments. Each crew member agrees that the Company reserves and has theexclusive right to determine, in its sole discretion, the eligibility and number of total crewmembers entitled to share in the Pool and the proportionate share applicable to eachposition. Since passenger participation in the Pool for any given vessel voyage is strictly voluntary,the Company cannot predict and does not guarantee the size of the Pool or the amount ofmoney any eligible crew member may receive from the Pool for that given voyage. Somecrew members do not receive a fluctuating share of the vessel voyage Pool, althoughthese crew members do receive a minimum wage guarantee. All crewmembersunderstand and agree that such crew members who are not eligible to receive a fluctuatingshare of the vessel voyage Pool will nonetheless receive some of their guaranteed monthlycompensation from that Pool on a fixed basis, before the fluctuating share of eligible crewmembers is calculated from the remaining balance of the Pool. Each crew memberunderstands and agrees that the amount which will be distributed to crew membersparticipating in the Pool on a fixed basis is within the sole discretion of the Company, andmay change from time to time. Each crew member understands and agrees that the fundsin the Pool allocated on a fixed basis to crew members not eligible to participate in the Poolon a fluctuating basis are not and shall not be deemed wages of the remainingcrewmembers in the Pool under any circumstances.
A crew member who otherwise may be eligible to participate on a fluctuating basis in agiven Pool will not be entitled to Pool participation in the event that the crew memberdeparts the vessel before the end of the voyage which creates the Pool, either for personalconvenience or because the crew member is in violation of the terms of the Contract ofEmployment.
WAGE GRIEVANCE PROCEDURE
No claim for wages or employee compensation of any kind against the Company may bepursued unless crew member first provides written notice pursuant to the followinggrievance procedure by certified mail to the Company, addressed in care of Fleet PersonnelDepartment, Princess Cruise Lines Ltd., Par La Ville Place, 14 Par La Ville Road, Hamilton,Bermuda HM JX. Crew member hereby agrees to provide such written notice of any claimor dispute including, without limitation, a dispute as to the record of hours worked or rested,or the amount of wages or other employee compensation paid, within one hundred eighty(180) days after the date on which crew member receives his or her wages or otheremployee compensation that are in dispute. Crew member hereby acknowledges thathe/she has access to his/her timekeeping records and that such may be obtained byrequest to his/her supervisor, Head of Department, or via written request to the PrincessCruise Lines office address described above. The crew member’s claim must specify theexact amount of wages or other employee compensation claimed to be owed, the specifiedperiod for which said amounts are claimed to be owed, the date on which the crew memberalleges that the Company was required to pay the wages or other employee compensation,and the basis for the claim. Crew member further agrees that his/her acceptance of wagesand a pay stub or wage statement for a specified pay period is notice that Companycontends it has paid the crew member all wages or other compensation due.
Timely and properly submitted claims will be adjudicated by the Company’s Vice President ofFleet Personnel who shall consider, in addition to the crew member’s claim, all available andrelevant data. A written determination (“Determination”) of the crew member’s claim will beissued within 30 days of the date the claim is received by the Company. The Determinationwill specify the reasons for all findings made. If the crew member does not dispute the Determination reached in this grievance process within thirty (30) days of the date of issuanceof the Determination, then the Determination shall be final and binding on the crew member.
If the crew member desires to dispute the Company’s Determination, then the crew memberagrees that he/she must pursue his/her claim through arbitration, said arbitration to beformally initiated within 45 days of the date of issuance of the Determination. The proceduresfor such arbitration shall be fully described in the Determination.
ARTICLE 5
Service in Case of Emergency; Safety and Security of the Vessel
All crew members agree to work any hours necessary in case of emergency directlyaffecting the immediate safety or security of the vessel, passengers and crew, of which theCaptain shall be the sole judge, or for safety or onboard drills and courses, or to performwork required to give assistance to other vessels or persons in immediate peril. All crewmembers are required to wear the safety clothing/equipment supplied by the Companyand/or the vessel as instructed. When so required by the Company, crew members willundertake training and take any necessary examinations to obtain required certificates andundertake any other training for safety or job-related qualifications which may be requiredby the Company. All crew members are required to attend safety and emergency drills,train in the use of firefighting and lifesaving equipment and evacuation procedures, etc., atintervals to be determined by the Captain of the vessel on which the crew member isserving in accordance with statutory requirements.
ARTICLE 6
Travel and Repatriation Expenses
Except as set forth herein, or as otherwise agreed, transportation expenses incurred intraveling from the airport of departure designated by the Company to join the vessel, andtraveling expenses for repatriation to the airport designated by the Company at the end ofthe crew member’s employment, are met by the Company. At any time, if crew member is disembarked for disciplinary reasons, or requests own willdisembarkation prior to completion of the term of the Contract, the crew member agreesto be responsible for his/her own repatriation costs and acknowledges that he/she may beprecluded from future employment with the Company. For crew members sailing on their first Contract of Employment with the Company, theinitial 60 days on board shall be considered as a probationary period for purposes ofrepatriation expense payment or reimbursement. During the probationary period, if theCompany terminates the crew member’s employment other than for disciplinary reasonsor violation of Company policy, the Company will pay the crew member’s repatriationexpenses and wages until the date of signing off. Prior to the end of the probationaryperiod, if the new crew member terminates his/her employment other than for provenmedical necessity, the crew member agrees to be responsible for paying his/her ownrepatriation expenses. The Company will pay repatriation expenses (1) if the crew member’s Contract ofEmployment expires while he/she is aboard, (2) if the Company terminates a crewmember’s Contract of Employment on proven necessary medical grounds, (3) if theCompany or crew member terminates the Contract of Employment because of the loss,withdrawal, laying up or sale of a vessel, or because the vessel is headed to a bona fide warzone, or in accordance with a collective bargaining agreement. Repatriation shall take placein such a manner as prescribed by the Company in its sole discretion, except that in the caseof medical necessity described above, it shall meet all reasonably necessary medicalrequirements. In the event repatriation is at the Company’s expense, the Company shall beliable for the cost of maintaining the crew member ashore until repatriation takes place. The Company recognizes that from time to time crew members may request leave oncompassionate grounds and in genuine cases under certain circumstances the Companywill be responsible for covering the cost of travel associated with repatriation to be withrelatives. When, during the course of a voyage, the lawful spouse, child or parent of a crewmember is dangerously ill or has died, every reasonable effort will be made by theCompany to repatriate the crew member concerned as quickly as possible. Crew memberagrees that, at the time of signing off on compassionate grounds, the crew member will beresponsible for the return airfare expense unless the crew member provides to theCompany satisfactory medical certificates issued by a registered medical practitionerattesting to the illness or death of that applicable relative mentioned in this paragraph. ARTICLE 7
Health Requirements
Before commencing employment on a Company vessel, crew member agrees toaccurately and fully complete a Company medical fitness questionnaire and submit to andpass a physical examination in accordance with the Company medical standards by amedical doctor acceptable to the Company, as evidenced by a medical fitness certificatevalid for the duration of the crew member’s employment. Crew members must beprepared to be vaccinated or take any other health precautions as may be required by theCompany or the health authorities of the countries visited by the vessel. In accepting theContract of Employment, crew member acknowledges and understands that theCompany generally does not provide medical care, reimbursement or any related benefitsfor (a) preexisting conditions, including those that manifested prior to signing the Contractof Employment; (b) medical care for incurable conditions; (c) maintenance medications ormonitoring for chronic conditions; (d) conditions caused by the crew member’s willfulmisconduct; (e) conditions that were not disclosed or were concealed or misrepresentedto the Company; or (f) conditions arising after the employee is signed off the vessel.
ARTICLE 8
Health, Accident and Death Benefits
The provisions of this Article apply except to the extent modified by any applicablecollective bargaining agreement or government-mandated contract governing the crewmember’s employment. A crew member who is disembarked for medical reasons whichmanifest while in the service of the vessel shall (except as set forth in Article 7) be entitledto curative medical attention (including hospitalization) at the Company’s expense. TheCompany will defray the expense of such medical care until the sick or injured crewmember has reached maximum medical improvement. Further, in the case ofdisembarkation for medical reasons as described above, the crew member will receivesuch further benefits, if any, as described in his or her government- mandated contract orcollective bargaining agreement, but not to result in a duplicate recovery. In the absence ofsuch contract or agreement, a crew member disembarked for medical reasons asdescribed above will receive a daily allowance in an amount to be determined by theCompany until the crew member reaches maximum medical improvement, provided thatvalid medical certificates of continuing curative treatment from a doctor acceptable to theCompany are submitted. All medical attention provided at the Company’s expense andthe allowance for food and lodging shall be subject to the following conditions: a) the crewmember shall comply with all instructions of the Company, its representatives or themanning agent at the port where he/she is landed subject to medical approval; and b) thecrew member shall report upon arrival at his/her home to the Company, its representativesor the manning agent as soon as possible. Crew member authorizes any insurancecompany, organization, employer, hospital, physician, surgeon, pharmacy or other healthcare provider to release to the Company any information requested by the Company’srepresentatives or those acting on the Company’s behalf.
Except as otherwise provided in any applicable collective bargaining agreement orgovernment-mandated contract governing the crew member’s employment, if a crewmember dies as a result of an accident during the period of employment during whichthese Terms are applicable under Article 1 (but excluding death occurring, in whole or part,from the crew member’s negligence, willful misconduct, suicide or presumed suicide,natural causes, disobedience of orders or instructions from superior officers ormanagement, or any breach of the Code of Conduct), the sum of US $50,000 is payableto the next-of-kin registered with the Company and US $7,000 to each natural or legallyadopted child of the crew member who is under the age of 21 at the time of the crewmember’s death, subject to a maximum of 4 children. In the event the deceased crewmember leaves more than four (4) children who otherwise qualify for a $7,000 payment,then each such child will receive from the Company a quotient equal to $28,000 divided bythe total number of such children. Accidents occurring during non-Company assignedactivities off the vessel are also excluded from compensation.
Except as otherwise provided in any applicable collective bargaining agreement orgovernment-mandated contract governing the crew member’s employment, a crewmember who suffers injury as a result of an accident during the period of employmentunder these Terms as set forth in Article 1 (but excluding injury occurring, in whole or part,from the crew member’s negligence, willful misconduct, attempted suicide, natural causes,disobedience of orders or instructions from superior officers or management, or anybreach of the Code of Conduct) and whose ability to work is permanently reduced as aresult thereof, shall be eligible for compensation for permanent disability. Accidents orevents occurring during non-Company assigned activities off the vessel are also excludedfrom compensation. The degree of permanent disability that the Company may beresponsible to pay shall be determined, once a written claim is submitted by the crewmember no later than 90 days after such accidental injury, by a doctor appointed by theCompany. If a doctor appointed by the crew member disagrees with the assessment, athird doctor may be agreed jointly between the Company and the crew member, or by thetwo appointed doctors if the Company and crew member cannot agree. The third doctor’sdecision shall be final and binding on both the Company and the crew member. Basedupon the degree of permanent disability, compensation will be paid by the Company to thecrew member, in exchange for the crew member’s signing a full release of the Companyand its vessels from all claims whatsoever arising from or related to the injury,corresponding to the degree of permanent disability as set out in the table below: Compensation for disabilities based on percentages assessed between the abovecategories, including less than 3% disability, shall be the product of the percent of disabilitytimes US Dollars 50,000.
ARTICLE 9
Discipline, Complaints, Duties and Code of Conduct
The Code of Conduct stipulates the circumstances under which crew members may bedisciplined and crew members are advised to familiarize themselves with this Code.
(Annexes I-IV). Each crew member must conform to the Code of Conduct (Annex I),Complaints Procedure (Annex II), Dress Code (Annex III) and the Harassment andRetaliation Policy (Annex IV) (“the Codes”) together with Captain’s Standing Orders, whichare posted on board each vessel. In addition, each crew member shall perform all ordersand assignments as delegated by the Captain and/or authorized Officers or Supervisorsrelating to the crew member’s normal duties and/or any other duties including, but notlimited to, the safety and security of the vessel and/or those onboard. Every crew membershall at all times cooperate fully in all investigations of any nature undertaken or requestedby the Company, the ship, or its or their owners, operators, officers or employees, or anygovernmental authorities, including providing any requested witness statements orinterviews. Crew members committing criminal acts will be subject to criminal prosecutionin any appropriate jurisdiction.
Time off is granted at the discretion of the crew member’s Supervisor giving considerationto passenger service, operational and safety and security requirements and relevant ILOand STCW Conventions.
ARTICLE 10
Illegal Drugs and Alcohol
Crew members are advised and acknowledge that they are aware that the Company haszero tolerance to illegal drug use and strict rules regarding alcohol consumption. Eachcrew member is charged with the knowledge that excessive use of alcohol or the use ofillegal drugs may kill them. Each crew member is charged with the knowledge that thetrafficking in, or the possession of or sale of illegal drugs is a criminal offense and will resultin criminal prosecution in the applicable jurisdiction. Conviction results in lengthy prisonsentences or in some jurisdictions – the penalty is death. Pursuant to the Company’s policy against drug and alcohol abuse, and as a condition ofcrew member’s continued employment, Captains, Officers and those acting on theirinstruction have the right to enter a crew member’s accommodation to search for anystolen, contraband, controlled or prohibited items if in their sole opinion they suspect thepresence of such items in the accommodation or where the safety of the vessel and/orthose onboard is in jeopardy. Moreover, it is the policy of the Company to comply with allrequests from government or quasi-governmental officials, for example the US and foreignCustoms agencies and the relevant Drug Enforcement Agency, to search crew andpassenger cabins. As a further condition of crew member’s continued employment,Captains, Officers and those acting on their instruction also have the right to arrange forcrew members to be tested either randomly or otherwise for possession or use of illegaldrugs in compliance with the Company’s drug policy. In addition, Captains, Officers andthose acting on their instruction have the right to test for suspected violation of the alcoholrules and to test all crew on duty in the event of a breach or suspected breach of the CodeOf Conduct or a marine accident or incident. Failure to comply with a request for such testsor the failure of such a test may lead to termination of the Contract of Employment.
ARTICLE 11
Uniforms
Uniforms shall be worn in accordance with rank and subject always to the Company rules(see Annex III).
ARTICLE 12
Crew’s Effects: Loss or Damage
Crew members are encouraged to procure personal effects insurance adequate for theirneeds for situations not covered by the following provision.
When crew members to whom this Agreement applies suffer total or partial loss, ordamage to their personal effects, as a result of the wreck, loss, stranding or abandonmentof the vessel, or as a result of fire, flooding or collision, they shall be entitled to recover fromthe Company compensation for actual loss up to a maximum of US $3,000 per crewmember. Crew members shall certify that any information provided with regard to lostproperty is true to the best of their knowledge. Providing untruthful information shall resultin a denial of all claims and termination of the Contract of Employment. Subject always tothe Company’s right to contest the validity and amount of any crew member claim,payment of compensation for loss of effects is conditional upon the submission of a writtendeclaration by the affected crew member which shall list any effects lost and attribute areasonable value to the effects lost. Such declaration shall be certified true to the crewmember’s best knowledge and signed by the Captain. The definition of effects includesclothes, documents, navigation and other technical instruments and tools necessary to thetrade of the crew member, but does not include negotiables, cash or jewelry. ARTICLE 13
Confidential and Proprietary Information
Crew member acknowledges that in the course of his/her job duties, crew member maybecome privy to information of a confidential and proprietary nature including, but notlimited to trade secrets, policies, practices or procedures which are enacted by theCompany, the assigned vessel and/or related companies and which are therefore theconfidential property of said parties. Crew member hereby agrees not to directly orindirectly use or disclose any information that he/she acquires during crew member’semployment to or for the use or benefit of any outside person or entity including, but notlimited to the Company’s competitors, vendors, or any former crew members, employees,officers or staff. Crew member acknowledges that this confidentiality agreement can beenforced by any legal means including, but not limited to injunctive relief. Crew memberunderstands that this confidentiality agreement, his/her obligations hereunder and theCompany’s rights and remedies, will continue to apply even if the crew member leaves theCompany’s employment. Acceptance of employment with the Company amounts to bothimplied and explicit agreement to be bound by the terms of the Company’s confidentialitypolicy. ARTICLE 14
Governing Law, Arbitration, Venue and Examinations
UNLESS AND TO THE EXTENT GOVERNED BY ANOTHER APPLICABLE SUPERCEDINGAGREEMENT, ANY DISPUTES WHATSOEVER RELATING TO OR IN ANY WAY ARISING OUTOF THIS AGREEMENT OR ANY CREW MEMBER’S SERVICE ON BOARD A VESSEL,INCLUDING BUT NOT LIMITED TO WAGE DISPUTES, PROPERTY LOSS OR DAMAGE,PERSONAL INJURY, DEATH OR ANY OTHER CLAIM, SHALL BE GOVERNED EXCLUSIVELYBY THE LAWS SPECIFIED IN THE APPLICABLE SEAMAN’S COLLECTIVE BARGAININGAGREEMENT (“CBA”), IF ANY, OR GOVERNMENT-MANDATED CONTRACT. THECOMPANY AND THE CREW MEMBER HEREBY FURTHER AGREE, ON BEHALF OFTHEMSELVES AND THEIR SUCCESSORS, ASSIGNS, HEIRS, DEPENDENTS ORREPRESENTATIVES, THAT ANY AND ALL DISPUTES WHATSOEVER SHALL BEARBITRATED EXCLUSIVELY ACCORDING TO THE TERMS SPECIFIED IN ANY APPLICABLECBA OR GOVERNMENT-MANDATED CONTRACT, WHICH PROVISIONS AREINCORPORATED HEREIN BY REFERENCE. IN THE ABSENCE OF ANY SUCH CBA ORGOVERNMENT-MANDATED CONTRACT SPECIFICATION, THESE TERMS AND ANY SUCH DISPUTES ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR CREWMEMBER’S SERVICE SHALL BE GOVERNED EXCLUSIVELY IN ALL RESPECTS BY THELAWS OF BERMUDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS. THISAGREEMENT IS MADE PURSUANT TO A LEGAL RELATIONSHIP INVOLVINGINTERNATIONAL COMMERCE BETWEEN FOREIGN PARTIES, AND SHALL BE GOVERNEDACCORDINGLY, TO THE EXCLUSION OF ANY LOCAL LAW CONTRARY TO THECONTRACTUAL CHOICE OF LAW PROVISIONS HEREIN. THE COMPANY AND CREWMEMBER ALSO ACKNOWLEDGE THAT THEY VOLUNTARILY AND KNOWINGLY WAIVEANY RIGHT THEY HAVE TO A JURY TRIAL. IN THE ABSENCE OF A CBA OR GOVERNMENT-MANDATED CONTRACT SPECIFICATION,THE COMPANY AND CREW MEMBER AGREE THAT ANY AND ALL DISPUTES, CLAIMS, ORCONTROVERSIES WHATSOEVER (WHETHER IN CONTRACT, REGULATORY, TORT OROTHERWISE AND WHETHER PRE-EXISTING, PRESENT OR FUTURE AND INCLUDINGCONSTITUTIONAL, STATUTORY, COMMON LAW, ADMIRALTY, INTENTIONAL TORT ANDEQUITABLE CLAIMS) RELATING TO OR IN ANY WAY ARISING OUT OF OR CONNECTEDWITH THE CREW AGREEMENT, THESE TERMS, OR SERVICES PERFORMED FOR THECOMPANY, INCLUDING BUT NOT LIMITED TO WAGE AND BENEFIT MATTERS,EMPLOYMENT APPLICATIONS, WRONGFUL TERMINATION OR DISCRIMINATION CLAIMS,PROPERTY LOSS OR DAMAGE, PERSONAL INJURY, DEATH OR ANY OTHER CLAIM, NOMATTER HOW DESCRIBED, PLEADED OR STYLED [COLLECTIVELY “DISPUTES”],BETWEEN THE CREW MEMBER AND THE COMPANY OR OTHERS, INCLUDING AGAINSTTHE MASTER, SHIPOWNER, VESSEL, VESSEL OPERATOR, CHARTERER, OR ANY OTHERTHIRD PARTY, INCLUDING ALSO, BUT NOT LIMITED TO, PRINCESS CRUISES, P&OCRUISES AUSTRALIA, AND CUNARD LINE, SHALL BE REFERRED TO AND RESOLVEDEXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE UNITED NATIONSCONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRALAWARDS (NEW YORK 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, (“THECONVENTION”) IN BERMUDA, TO THE EXCLUSION OF ANY OTHER FORA, INACCORDANCE WITH THE ARBITRATION ACT 1986 OF BERMUDA , ALL OF WHICH AREDEEMED TO BE INCORPORATED HEREIN BY REFERENCE INTO THIS PROVISION.
SUBJECT TO THE OVERRIDING OBLIGATION TO ARBITRATE, AND AS FURTHERPROVIDED HEREIN, THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION OF THEBERMUDA COURTS. AN AWARD RENDERED BY AN ARBITRATOR, REGARDLESS OF THEPLACE OF THE ARBITRATION, MAY BE ENTERED IN ANY COURT HAVING JURISDICTIONUNDER THE CONVENTION. THE COMPANY AND CREW MEMBER FURTHER AGREE THAT THIS CONTRACT OFEMPLOYMENT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGHINDIVIDUAL LEGAL ACTION ON CREW MEMBER’S OWN BEHALF INSTEAD OF THROUGHANY CLASS OR REPRESENTATIVE ACTION. EVEN IF THE APPLICABLE LAW PROVIDESOTHERWISE, CREW MEMBER AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINSTCOMPANY WHATSOEVER SHALL BE LITIGATED BY CREW MEMBER INDIVIDUALLY ANDNOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVEACTION, AND CREW MEMBER EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLINGHIM/HER TO PARTICIPATE IN A CLASS ACTION. NO ARBITRATOR SHALL HAVEAUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. CREW MEMBERAGREES THAT THIS PROVISION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH ABOVE, AND IF FORANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANYPARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TOARBITRATION. CREW MEMBER ALSO AGREES TO BE EXAMINED, AT THE COMPANY’SEXPENSE, BY DOCTORS DESIGNATED BY THE COMPANY IN SPECIALTIES RELEVANT TO ANY MEDICAL CLAIM CREW MEMBER MAKES AND TO SUBMIT TO AN EXAMINATIONUNDER OATH, INCLUDING PRODUCING ALL RELEVANT DOCUMENTS REQUESTED BYTHE COMPANY BEFORE SUCH EXAMINATION. FURTHER, THE PARTIES AGREE TOPERMIT THE INTRODUCTION OF EXAMINATIONS UNDER OATH OF WITNESSES AT THEARBITRATION IF BOTH PARTIES HAVE BEEN AFFORDED AN OPPORTUNITY TOPARTICIPATE IN THE EXAMINATION. ARTICLE 15
Integration of Terms
Except as otherwise provided in any applicable collective bargaining agreement orgovernment-mandated contract governing the crew member’s employment, these Termsand incorporated documents, along with the Crew Agreement and Acceptance ofEmployment Terms and Conditions constitute the sole and entire employment agreementof the parties. There are no prior or present agreements, representations orunderstandings, oral or written, which are binding upon either the Company or the crewmember, unless expressly included in these Terms or the Crew Agreement. Nomodification or change of these Terms shall be valid or binding upon the parties unless inwriting and executed by the party or parties intended to be bound by it. In no event shallthese Terms be interpreted as creating anything other than an employment relationshipthat is terminable at will by either the Company or crew member.
The conditions of these Terms are severable. If any clause of these Terms is determinedto be void or otherwise unenforceable by any court or tribunal of competent jurisdiction,then the remainder of the Terms shall stand in full force and effect.
ARTICLE 16
Acceptance of Terms
By signing the Acceptance of Employment Terms and Conditions, the crew memberacknowledges that he/she has read, understands and accepts the Terms and Conditionsof Employment as contained and incorporated herein. It is agreed by and between crewmember and the Company that the parties entered freely into the Contract of Employment.
The crew member acknowledges his/her separate and independent duty to abide by allother oral and written rules, regulations and standards of the Company and/or the vessel’soperator and/or the vessel’s command.
Crew member shall not rely upon any statements or representations, whether oral orwritten, contrary to these Terms concerning wages, overtime and other terms andconditions of service, nor shall crew member rely upon any representations, whether oralor written, contrary to these Terms.
THE COMPANY CODE OF CONDUCT
A. INTRODUCTION
Since seafaring is an occupation that requires seafarers to spend their working and leisurehours in the confined environment of the ship and in company with the same individuals,the need for appropriate discipline and behavior assumes a particular importance. Themost effective form of discipline is self-discipline, which in turn springs from a responsibleattitude to the job together with a concern for the efficient operation of the ship and for thecomfort and convenience of colleagues.
Failures of self-discipline that occur will be dealt with in accordance with the following Codeof Conduct containing the basic rules of reasonable behavior expected from all staff.
However, disciplinary procedures should not be viewed primarily as a means of imposingsanctions. They are also designed to emphasize and encourage improvements in individualconduct.
In any emergency or other situation in which the safety of the ship or of any person onboard is at stake, the Captain, Officers, Petty Officers and Supervisors are entitled to lookfor immediate unquestioning obedience of orders. There can be no exception to this rule.
Failure to comply will be treated as among the most serious breaches of this Code and willbe liable to lead to the offender’s immediate discharge from the ship. It may also warrantprosecution.
Emergencies are fortunately rare and this document is primarily concerned with the day-to-day situation on board. It should be borne in mind, however, that certain acts ofmisconduct (e.g. absence from place of duty or intoxication) could have a very seriouseffect on the safety of the vessel.
This Code of Conduct incorporates the UK Code of Conduct for the Merchant Navy.
B. OVERVIEW
The Disciplinary Rules and Procedure apply to all ship-based employees of the Company.
2. The Disciplinary Procedure covers cases where the employee’s conduct is in breach of the Company’s Disciplinary Rules (see section C below), including any breach of CompanyRules, practices, policies and regulations. The Disciplinary Rules set out at section C beloware indicative of the sort of matters which will constitute disciplinary offenses. Matters whichwill be appropriate for disciplinary proceedings whilst in employment will reflect the natureand exigencies of the service.
3. It is necessary to have a procedure for dealing with breaches of discipline, which is supported by appropriate sanctions. These may range, according to the seriousness of thebreach, from informal warnings for the most minor breaches, through various grades offormal warnings, to discharge from the ship and ultimately, dismissal from employment.
These measures do not have to be invoked sequentially.
4. Disciplinary action may be taken in respect of any conduct which is relevant and/or reflects on service with the Company and/or employment obligations, whether on or off a ship andwhether or not an individual is signed on or off a Crew Agreement.
In circumstances where an individual fails to meet performance standards, action may betaken under the Performance Improvement Policy.
5. Seafarers are subject to the law of the vessel’s flag and/or the law of the territory where the ship is at the time of any incident. For certain offenses e.g. conduct prejudicial to the safetyof the ship or those on board, there may be a liability to prosecution in the courts of thevessel’s flag and/or the law of the territory.
C. DISCIPLINARY RULES
General Conduct
6. You will comply with all applicable Instructions, Procedures, Fleet Regulations, Standing Orders, Shore Management Directives and other publications, as are issued from time totime, detailing duties and/or obligations. You will also comply with all relevant external rulesand regulations including, but not limited to, Customs Rules, Port Authority, Bye-laws andImmigration Regulations. Copies of all applicable Instructions, Procedures, FleetRegulations, Standing Orders and Shore Management Directives, as issued from time totime, are held on board ship and can be inspected upon request to the appropriate Headof Department.
You should also ensure the highest standards are maintained with regard to the following: Service to Passengers: The livelihood of all crew aboard a passenger ship is to agreat extent dependent upon the quality of the service provided for passengers.
It is of the utmost importance that all on board who are engaged in the provisionof the service conduct themselves in a polite, cheerful and helpful manner.
Behavior must be such that it does not invite justifiable adverse criticism frompassengers.
Appearance, personal cleanliness and hygiene: the Company’s requirementsmust be met as regards the maintenance of each employee’s personalappearance, general cleanliness and personal hygiene.
8. If an occasion arises when you feel unable to meet the expected performance standards, please go to your Supervisor or Head of Department and explain your problem. Rememberthey want to help and do not want to use the disciplinary procedure if at all possible.
Gross Misconduct
9. These are acts of misconduct for which discharge from the ship will be considered appropriate (aside from any legal action which may be called for). The list is not exhaustivebut indicates the matters which will be appropriate to be addressed under the DisciplinaryProcedure.
Misconduct
10. Misconduct covers a range of lesser offenses, which do not normally constitute grounds for discharge on the first occasion. However, should they occur more than once, or shouldyou, at the time of the alleged commission of the offense be subject to an informal or formalwarning or written reprimand (for whatever reason), or should the alleged misconduct arisein conjunction with other offenses, this could result in the matter being dealt with as GrossMisconduct. The list below is not exhaustive but indicates the matters that will beappropriate to be addressed under the Disciplinary Procedure.
INTERACTION WITH OTHERS (IWO)
Gross Misconduct:
Intimidation, bullying, coercion and/or interference with the work of other employees; Conduct of a sexual nature or other conduct based on sex affecting the dignityof women and men at work, which is unwanted, unreasonable and offensive tothe recipient; Discrimination, offensive Behavior or victimization towards any person on thegrounds of age, gender, color, race, national origin, ancestry, marital status,religion or belief or sexual orientation; Behavior which seriously detracts from the social well being of any other personon board; Participating/assisting in any unauthorized gambling Any involvement in activities where money is exchanged for personal gainand/or money brokering; Demanding and/or receiving any commission or other favor or benefit from anypassenger or customer or supplier (excluding only unsolicited gratuities at areasonable and appropriate level given by passengers for service provided)including soliciting gratuities or requesting passengers to write to the companyin praise of the individual’s performance; Initiating, attempting to initiate, or engaging in intimate relations with apassenger.
Misconduct:
PERFORMANCE RELATED ISSUES (PRI)
Gross Misconduct:
Persistent or willful failure to perform duty; Serious negligence in the performance of duty; Serious neglect of courteous service or Behavior towards ship’s passengers orother guests; Absence without leave at the time of sailing; Misconduct:
Minor acts of negligence, including neglect of duty and disobedience; Poor time keeping, failure to report to work without satisfactory reason, stoppingwork before the authorized time and/or returning on board after shore leave hasexpired; Failure to maintain the required standards of uniform or appearance; TREATMENT OF THE SHIP OR OTHER PROPERTY (TSP)
Gross Misconduct:
Willful damage and/or wastage to the ship or any Company property; Theft (including attempted theft) or possession of stolen property; Misconduct:
Failure to maintain living accommodation to an acceptable standard; Misuse of Company Computers and/or breach of Company Computer SecurityPolicies.
HEALTH, SAFETY AND SECURITY (HSS)
Gross Misconduct:
Incapacity through the influence of alcohol to carry out duty to the prejudice ofthe safety of the ship or of any person on board or any other breach of theCompany’s policy on alcohol; Incapacity through the influence of drugs to carry out duty to the prejudice of thesafety of the ship or of any person on board or any other breach of theCompany’s policy on drugs; Failure to pass or to comply with a request for an alcohol or drug test; Unlawful or willful possession or distribution of drugs; Behavior, which seriously detracts from the safe and/or efficient working of theship; Conduct which could endanger the ship or persons or cargo on board; Disobedience of orders relating to the safety or security of the ship or cargo orany person on board; To be asleep on duty or fail to remain on duty if such conduct would prejudicethe safety or the security of the ship or cargo or any person on board; To smoke, use a naked light or an unapproved electric torch in any part of a shipcarrying dangerous goods or stores where smoking or the use of naked lightsor unapproved torches is prohibited; Failure to observe proper safety procedures when and/or where required to doso, including the contravention of Watertight Door procedures; Persistent and or/willful failure or refusal to wear and/or use safety equipmentand/or clothing and/or observe proper safety procedures when and/or whererequired to do so; Causing or permitting unauthorized persons to be on board the ship; Deliberate misuse of security or landing passes or Company identity cards,and/or deliberate avoidance of security procedures; Impeding or conspiring with others to impede the progress of the voyage ornavigation of the ship; Failure to adhere to the instructions of the Medical Department in relation to thetreatment or management of any infectious/contagious illnesses, or submit tovaccination or treatment as required for public health; Failure to comply with the Company Food Safety Policy or Public Health Policy.
Misconduct:
Losing or failing to display or present on demand a security or landing pass; Losing or failing to display or present on demand a Company identity card; Failure to maintain the required standards of personal cleanliness or hygiene; The unauthorized consumption of food, or the purchasing/taking of food fromthe galley or food service area, with the intention of consuming within cabins orother unauthorized areas; Unauthorized cooking in any place onboard; Failure to join a vessel with original documents of Certification without priorauthorization from Fleet Personnel OTHER BREACHES (OBR)
Gross Misconduct:
A breach of a lesser degree covered under Misconduct after a formal warningor reprimand has been given; Breach of Customs, Immigration, Agriculture or Quarantine regulations; Breach of the Company Environmental Policy or Procedures, and any relatedlegislation; Unauthorized dumping of garbage and/or the disposal of any materialwhatsoever over the side of the ship; Contravention of procedures designed to avoid polluting the environment; Making or distributing false or malicious statements or disclosing confidentialinformation to employees or passengers; Giving interviews/passing comments to the press/media without the Master’spermission; Any breach of or abuse of the Company’s Policies and/or Procedures, asamended from time to time.
Unauthorized presence in passenger areas, and/or the unauthorizedaccompaniment and/or invitation of passengers into crew areas; Bringing or having on board any birds, pets or livestock of any kind; Supplying false or misleading information when applying for employment and/orat any time during employment; Altering or falsifying and/or causing any other person to alter or falsifyemployment time records; A breach of the Carnival Corporation & PLC Code of Business Conduct andEthics.
Misconduct:
Offenses of Gross Misconduct that are not considered to justify discharge in theparticular circumstances of the case (specific reference should be made to anoffense which is not considered to justify discharge in the particularcircumstances of the case); Persistent or willful failure to settle any shipboard personal account, orpresenting any personal check(s) on board, without first ensuring sufficientfunds are available in their personal account to cover their withdrawal; Failure to conform to the ship’s rules concerning the bringing of alcohol onboard; Minor breaches of Captain’s Standing Orders.
11. This Code of Conduct is not contractual. The Company reserves the right to amend this Code of Conduct in its absolute discretion from time to time.
D. DISCIPLINARY PROCEDURE
12. The Disciplinary Procedure is discretionary and does not form part of your Terms and 13. The Company reserves the right not to apply the Disciplinary Procedure in particular circumstances. For example, the Disciplinary Procedure may not normally apply to: an employee serving his/her probationary period of employment; or a fixed term worker on a short duration engagement.
However, the Company reserves the right to use its discretion in applying the procedure ineach individual circumstance.
Suspension
14. The Company reserves the right to remove you from duty at any stage of the Disciplinary Procedure subject to your Terms and Conditions of Employment.
Head of Department’s Disciplinary Hearing15. Where a matter is referred to the relevant 3 stripe officer or Head of Department, he/she will inform you of the alleged breach, in writing, setting out the alleged conduct which leadsto the taking of disciplinary action and invite you to attend a hearing at a designated timeand place. You have the right to be accompanied at this hearing in accordance withparagraph 26 below.
16. Alternatively, the relevant 3 stripe officer or Head of Department may refer the case to the Master’s Disciplinary Hearing
17. Where the allegation is of gross misconduct or is otherwise considered to be particularly serious, the case will normally be referred to the Master.
18. Where a matter is referred to the Master, you will be informed of the alleged breach, in writing, setting out the alleged conduct which leads to the taking of disciplinary action andinvited to attend a hearing at a designated time and place. You have the right to beaccompanied at this hearing in accordance with paragraph 26 below.
19. Provided it is reasonable in all the circumstances, you will be permitted to call witnesses to give evidence and to question any witnesses called by the Company.
20. Without prejudice to the above, the Master will adopt the procedure considered 21. If the Master concludes that there was misconduct, the penalty imposed will be as is considered reasonable in all the circumstances, taking into account your disciplinary recordand any other relevant factors. The Master may decide to: These measures do not have to be invoked sequentially. The measure which is imposed isat the discretion of the Master and will reflect the severity of the offense and all otherrelevant circumstances.
22. You will be given a copy of all entries made in the Official Log Book relating to your misconduct. You will acknowledge receipt of the same.
23. Where practicable, all proceedings will be conducted by the Master and a conclusion reached. However, where this is impracticable, the proceedings may be referred to shoreManagement at the Master’s discretion.
Discharge from Ship
24. If you are discharged from the ship, then your rights and any formalities which may then take place concerning your future employment will be as detailed in the shoresideprocedures document applicable to your employment.
Misconduct Ashore
25. If a breach of discipline is committed off the ship and is not specifically referable to shipboard service but nevertheless merits disciplinary action, you will still be subject to theTerms and Conditions of your employment and the Code of Conduct.
Right to Be Accompanied/Represented At Disciplinary Proceedings and Appeals 26. At all disciplinary hearings and/or appeal hearings held pursuant to this procedure you have the right to be accompanied by a fellow worker or a trade union representative (so long astheir attendance is reasonable in all the circumstances). Where appropriate, you may alsorequest to be represented during any investigation. Representation at an investigation is atthe discretion of the Company. You would normally be responsible for making thenecessary arrangements for a companion to attend any hearing.
27. When making your choice of companion, you should not request accompaniment by an individual whose presence would prejudice the hearing or who might have a conflict ofinterest. The Company may ask you to choose a different companion where it believes thiscould be the case.
28. Your representative may make statements on your behalf but will not be permitted to Failure to Attend a Hearing
29. You are required to take all reasonable steps to ensure you attend. If you are unable to attend a hearing for whatever reason, you should inform the person conducting the hearingas far in advance of the hearing as possible, with an explanation as to why you are unableto attend. 30. A decision may be taken in your absence if you unreasonably fail to attend a hearing.
31. If a warning is issued to an individual, the individual will be required to sign the document to confirm that they have received it. If an individual refuses to sign or accept receipt then thedocument will be endorsed to that effect.
32. It is your responsibility to ensure that you have read and understood this policy. It is Management’s responsibility to ensure that your rights are respected. 33. If you have any queries whatsoever relating to the Disciplinary Rules and Procedure, you should ask your Supervisor, Head of Department, Personnel and Training Manager or ifashore, your Manning Office for assistance.
34. The Company reserves the right to add to, remove or amend the Disciplinary Rules and COMPLAINTS PROCEDURE
To avoid persons taking matters into their own hands, it is essential to have a procedure fordealing with complaints which enables the complainant with a genuine grievance to bring it,simply and quickly, to the notice of a person in authority.
A complaint will normally be made individually by the person who feels he/she has agenuine grievance, to their immediate Supervisor. The complaint should be made verballyin an orderly way.
2. If the complainant considers that his/her complaint has not been satisfactorily disposed of by the Supervisor, he/she will have the right to request to see the Head of Department orPersonnel and Training Manager, and if it is so desired, to put the complaint in writing.
3. It will then be the duty of the Head of Department or the Personnel & Training Manager to interview the complainant with the Supervisor. If the complainant is still not satisfied, he/shewill have the right to request to see the Staff Captain. The Head of Department will arrangefor this. In appropriate circumstances, the Staff Captain, Head of Department or Personnel& Training Manager may refer a complainant to the Captain.
4. The complainant may be accompanied, if he/she so wishes, by an individual of his/her choosing when discussing a complaint.
5. This procedure does not preclude a member of the crew from making a request to see the Head of Department, Staff Captain or the Captain on any private matter, but it must beunderstood that if it is considered that the matter is one which should have been dealt withunder the Complaints Procedure, instructions will be given that this course must befollowed. 6. Additionally, crewmembers can report complaints or any areas of concern by contacting the Compliance Hotline or dialing 1-800-872-6779 ext 31550. All complaints received bythese means will be investigated.
Upon receipt of a complaint, an assessment will be made regarding the specifics of theissue raised. If the relevant parties are still on a vessel, and dependent upon the nature andseverity of the complaint, the Captain and/or Personnel & Training Manager will be notified. 8. If the matter requires investigation, the Personnel & Training Manager may conduct the investigation onboard, in collaboration with the appropriate shipboard and shoresidedepartments. In certain instances, the investigation may be conducted by shoresidepersonnel and communicated to the Legal Department and/or the Captain.
9. Crew Members can report complaints or any areas of concern in a number of ways.
Whether a complaint is received informally or formally, verbally or in writing it is stillconsidered as a complaint and will be followed up on. 10. No one making a complaint in good faith and in accordance with the foregoing procedure will be penalized in any way for making the complaint.
ANNEX III
DRESS CODE: APPEARANCE, PERSONAL CLEANLINESS AND HYGIENE
The following outlines the Appearance Policy as it applies to members of the ship’s companyonboard any vessel. By performing your duties in a uniform, which you wear with pride, and byhaving a personal appearance that reflects our image as the leader in our industry, you help tocreate the kind of professional atmosphere we strive to present. We would also like you to understand that you are part of a very unique team at sea, a teamthat has been handpicked from among numerous applicants. Without you we would not beable to provide the unique experience it is to cruise on any of our vessels. We rely on you tocontinue to make us as successful as we are. The uniform, together with the appropriate shoes, as per the Uniform Policy and ProceduresManual is to be worn at all times when on duty. The uniform is to be spotlessly clean and neatlyfitting. It must also be properly pressed and maintained in good condition. No objects are tobe carried in pockets where they are visible.
A. Pins: The only pins, buttons and decorations that can be worn on a uniform are those approved by the company. Name badges are to be worn by all members of the ship’scompany. Only a Company issued name badge is to be worn. Name badge and the company’s designated customer service pin are to be worn at alltimes when on duty. These are to be in good condition, worn in the grommets provided forthe name badge on the uniform. If no grommets are provided the name tag is to be on theleft chest over the heart, horizontal. Name badges are not to be worn on a jacket lapel. Thecompany’s designated customer service pin is to be approximately half an inch above thename badge. Decorations on your name badge are not permitted. B. Shoes: must be clean, polished and in good repair. Conservative styles only are to be worn.
Women’s Shoes and Hosiery: Female members of the ship’s company are required toprovide their own leather, pump or flat shoes with a closed toe and a defined or sculptedheel. Maximum heel height cannot exceed 3 inches. Shoes are to be polished and in goodrepair. Platform shoes and sandals or open toe/heel shoes are unacceptable. It isrecommended that rubber soled shoes are worn in food and beverage preparation areasas well as housekeeping and behind the scenes areas, as a safety precaution. Hosiery: It is required that all female members of the ship’s company wear hosierywhenever a dress or skirt is worn. The only exception to this rule is for all stewardessesduring the day who are not required to wear hosiery. Hosiery is not required when slacksor shorts are worn. The hosiery is to be of a natural skin/nude color, which is as close, aspossible, to the members of the ship’s company’s own skin color. If a navy or black skirt ordress is part of the uniform, navy or black hosiery corresponding in color to the uniform itemis acceptable.
Men’s Shoes and Socks: Male members of the ship’s company are required to providetheir own leather flat shoes with a plain toe. Shoes are to be polished and in good repair.
Platform shoes, sandals or high tops are not acceptable. It is recommended that rubbersoled shoes are worn in food and beverage preparation areas as well as housekeeping anysafety sensitive area, where shoes can be used as a safety precaution. Socks are to beprovided by the members of the ship’s company.
The color of the socks worn should correspond with the color of the company issuedtrousers with no logos or designs allowed.
C. Although dirty jobs are performed, every effort is to be made to remain clean and smart at D. Where required, safety shoes and clothing must be worn at all times and appropriate safety E. Skirt Lengths: When a formal uniform with a full-length skirt is worn, it should be no longer than ankle- length. Other skirt lengths are to be worn in-between two inches below or atknee length.
Sunglasses: Sunglasses are not to be worn by any members of the ship’s company. Theexception to this rule is if the member of the ship’s company is prevented from doinghis/her job safely, due to sun glare from water, countertops etc. The sunglasses worncannot have silver coated or dark opaque lenses that do not allow for the eyes to be seen.
Mirrored sunglasses are unacceptable.
G. Uniforms off the Ship: Members of the ship’s company are not allowed to wear their uniform while off duty and off the ship. Members of the ship’s company on duty andworking off the ship are required to wear their uniform. HAIR/MAKE-UP
A. All members of the ship’s company are to maintain a neat, natural look. Hair is to be clean at all times. Members of the ship’s company are to keep their hair neatly combed andarranged in a classic, easy-to-maintain style.
B. Extreme styles are unacceptable. As are: Hair extensions, wigs, and hairpieces. C. It is unacceptable to wear hairstyles with extremes in dyeing, bleaching and coloring.
Extreme frosting and streaking is unacceptable. If the hair color is changed, it must benatural looking and well maintained. Excessive use of hair gel to make hair look “wet” isunacceptable.
D. Hair must be dried after washing and before coming to work.
A. Hair Accessories for Females: All hair accessories for female members of the ship’s company are to be kept at a minimum and at no time exceed three pieces. The hairaccessory is to be in a color that reflects the uniform or in gold, silver, clear or black. Theaccessory is to be of a size that is no wider than one inch. A hair accessory is to be usedfor the sole purpose of keeping the hair away from the face and not as a decorativeaddition to the uniform B. Female staff working in the Dining Room or food service outlets are to ensure hair is worn up and off of the shoulders and away from the face. Female Galley staff are to wear theirhair, if long, tied back and covered with a hair net.
C. Makeup: We encourage the use of makeup to enhance natural features and create a fresh, natural appearance. The excessive use of makeup or use of makeup in offensive colors isdiscouraged. Make-up is to be tastefully applied and never excessive. Only neutral shadesof nail polish are to be worn. For USPH reasons nail polish is not permitted to be worn byFemale staff working in the Galley.
D. Foundation: Foundation base should be in a shade complimentary to the natural skin tone.
Application should be well blended in order to achieve a natural look and to avoid stains onuniforms. All makeup should be carefully applied and tastefully worn to accentuate theprofessional appearance.
A. Hair must be kept neatly trimmed and is to be worn in a style which is neither excessively long nor short. Hair on men is to be no longer than the top of the collar.
Sideburns should be neatly trimmed and are permitted to extend beyond the midpoint ofthe ear, but not below the ear lobe, following their natural contour. Flares or muttonchopsare unacceptable.
Mustaches and goatees are acceptable, provided they are neatly trimmed and wellmaintained. The process of growing facial hair while onboard is not allowed. Men must beclean-shaven at all times; hair stubble due to lack of shaving is unacceptable while on duty– it may be necessary for some men to shave more than once per day.
Note: Officers, deck and technical ratings and hotel staff in non-passenger areas may weara neatly trimmed beard, long side-burns and/or a mustache, but only with the permissionof the Head of Department. The Company will consider departures from the provisions ofthis policy based on sincerely held religious beliefs.
A. Jewelry is not a part of your uniform. Small rings, class rings, wedding bands, conservative tie clips, and a business style watch are permitted, except in food handling areas whereonly a wedding band is allowed. A small ring is defined as the same size or smaller as aman’s class ring. A ring may be worn on any finger. Only one ring per hand is allowed. Visiblenecklaces, chains, pendants, logos, bracelets, ankle bracelets, wristbands, and arm bandsare all unacceptable. A medical alert necklace, bracelet or ankle bracelet is acceptable.
B. Earrings – Female: One single earring in each ear lobe is acceptable. No other visible piercing is acceptable. The earring must be simple, matched pair in gold, silver or color thatblends with the uniform. The shape of the earring must be in good taste and complimentthe uniform. The earrings can be pierced or clip-on and must be worn on the bottom partof the ear lobe. Multiple earrings are unacceptable. Earrings cannot be any larger than thesize of a US quarter.
Males: It is unacceptable for male members of the ship’s company to wear earring/s whenon duty and in uniform.
C. Body Piercing: Face and body piercing such as nose, tongue and eyebrows, but not limited to, are not acceptable when on duty or when crew members are in passenger areas.
A. Upon joining or re-joining, the wearing of tattoos which are visible when uniform is worn is unacceptable in passenger areas and may lead to disciplinary action, up to and includingdischarge from the ship. Uniforms may consist of short sleeve shirts, shorts or skirts.
PERSONAL HYGIENE
A. Regular attention is to be paid to hygiene by showering regularly at least once a day and by use of suitable deodorants including underarm deodorants, however these are not to bestrongly scented (to prevent body odor, bathing may be necessary more than once a day).
All uniforms are to be changed daily, prior to going on duty. B. Perfume, Cologne, After Shave: Due to close contact with others it is discouraged to use strong heavy scents and fragrances. If perfume, cologne or after-shave is used it should beof a mild scent and used moderately.
C. Fingernails: should be kept clean at all times, well trimmed and of moderate length. Polishes that are red, dark, bright, gold or silver are unacceptable. Fingernails should be neatlytrimmed. Fingernail decorations, pins, stencils etc. are unacceptable.
D. Oral Hygiene: Bad breath is unpleasant for others. Regular oral hygiene and the use of mouthwash are strongly recommended to avoid offending.
E. Strict attention is to be paid to the ship’s and USPH rules on hygienic working practices.
Staff feeling unwell and/or having open cuts and sores, are to immediately seek medicalattention. Disciplinary action will be taken against staff who infect others by failing to seekmedical attention under such circumstances.
Non Uniformed Members of the Ship’s Company
A. Onboard some of our vessels you will encounter members of the ship’s company who do not wear prescribed company uniforms. In the business world of today, the way membersof the ship’s company look and present themselves, says a lot about the company forwhich they work. Members of the ship’s company who take pride in their appearancemake a positive statement about their employer.
B. The quality image of our non-uniformed members of the ship’s company, are guided by our ship specific dress codes. By following these dress codes, our non-uniformed members ofthe ship’s company will not stand out and will be able to perform their duties.
GENERAL GUIDELINES
A. Any request for medical exceptions to the appearance policy, such as shoes, hairpieces, not shaving due to a skin irritation, etc, must be presented to the ship’s doctor forconsideration. The department head’s approval is required for medical exceptions afterreceiving the doctor’s recommendation.
B. It is the responsibility of each individual crew member to adhere to the above Company guidelines. Should a crew member show up for duty not having adhered to any of theabove guidelines, their Supervisor has the authority to request the crew member to returnto his/her cabin.
C. Consistent violations regarding any of the above guidelines will lead to disciplinary HARASSMENT & RETALIATION POLICY
It is Company policy that employees shall not be subjected to harassment or retaliation.
Accordingly, we will promote and maintain a work environment free from all forms ofharassment and retaliation while insisting that all employees be treated with dignity, respectand courtesy. Harassment or retaliation occurring in the workplace or in connection with workis counterproductive to the organization and will not be tolerated. This policy applies to all members of staff. The Company will make every effort to ensure thateveryone is familiar with this policy and understands that the Company will investigatethoroughly and resolve appropriately any complaint of harassment or retaliation.
Guideline
The following discussions of what constitutes harassment and retaliation are simplyguidelines and are not exhaustive definitions. You are encouraged to consult with yourSupervisor, Manager, Personnel & Training Manager or a Head of Department regardingany question you have about harassment or retaliation. 2. Harassment Definition
The Company considers harassment to be any action directed by one person at anotherof the same or opposite gender, same or different sexual orientation, physical or mentalability, race, ethnic or national origin, religion or belief, or age regardless of the perpetrator’smotives, which a reasonable person would find to be harassment, including:• unsolicited derogatory words or gestures; showing or circulating written, printed or electronically disseminated material of anature which others may find offensive; any other conduct of a nature which may interfere with an individual’s workperformance or create an intimidating, hostile or offensive working environment; any attempt to penalize or punish a person for rejecting or objecting to the actionsdescribed above; use of the Internet or e-mail system to transmit, communicate, or receive sexuallysuggestive, pornographic, or sexually explicit pictures, messages, or material.
The ship’s company is advised that any unwelcome physical contact, sexual advances orsimilar objectionable actions with a fellow crew member will be considered a violation of thispolicy and grounds for discharge. For the purposes of defining harassment, the ship’s company is advised that harassment doesnot only have to take the form of physical contact but can include: Visual conduct, including leering, making sexual gestures, displaying of sexuallysuggestive objects or pictures, cartoons or posters; Verbal conduct, such as sexually-oriented verbal kidding, teasing or jokes, repeatedoffensive sexual flirtations, advances or propositions, derogatory comments, epithets,slurs and jokes, verbal abuse of a sexual nature, verbal comments about a physicalappearance, their sexual activity, suggestive or obscene letters, notes or invitations; Physical conduct, such as touching, pinching, brushing up against another’s body, orimpeding or blocking movements.
Individuals who experience harassment should make it clear to the offending party that suchbehavior is offensive. If the behavior continues, or if they are uncomfortable expressing theirfeelings directly, it should be brought to the attention of their Supervisor, Manager, Personnel &Training Manager, or a Head of Department.
3. Two Kinds of Sexual Harassment:
Quid pro quo: Comes from the Latin meaning “this for that.” This occurs when you areeither offered some tangible favor or benefit or your working conditions are threatened,based on your response to demands for these favors (“You’ll get a promotion if you…”) Hostile Work Environment: Unwelcome sexual conduct sufficiently severe, persistent, orpervasive so as to affect an employee’s performance negatively and/or create anintimidating, hostile or otherwise offensive environment. The recipient’s perception – not the harasser’s intent – is the standard by which conduct ismeasured.
4. Discriminatory Harassment
The Company’s policy prohibits discriminatory harassment based on gender, color, race,age, national origin, ancestry, marital status, religion, sexual orientation or other protectedstatus. As an illustration, some examples of conduct that may be regarded as discriminatoryharassment may be: • Epithets, slurs, negative stereotyping, disparaging remarks or intimidating acts basedon any of the protected categories listed above; Telling or forwarding jokes directed to someone’s protected status, such as racial orethnic jokes, regardless of whether “everyone tells them back and forth”; Posting, forwarding, showing or displaying in any manner cartoons that make fun ofany group, religious belief, sex, or individual because of his or her protected status; Forwarding offensive e-mails, printing them out or displaying them in any manner. 5. No Victimization or Retaliation
No crew member should be subjected to victimization or retaliation for reporting, orexpressing opposition to, any incident of harassment. Any such victimization or retaliationis a dismissible offense.
Employees, who make complaints of harassment, report harassment they observe, orprovide information relating to such complaints or reports will be protected by theCompany against any victimization or retaliation. It is the right of the employee to bring thecomplaint or concerns to the attention of the Company. No action will be taken against youfor filing your complaint, so long as you are truthful and accurate.
6. Relations with Passengers
There is no such thing as allowable intimate relations with passengers, whether welcomeor not. Any intimate relations or attempts at intimate relations – this includes asking apassenger to be alone, kissing, engaging in sexual relations, or any other similar behavior -will lead to discharge. This is prohibited at any time so long as the crew member is signedon to the crew agreement and covers conduct both on the ship and ashore. Such conductmay also be considered a criminal assault and lead to the arrest of a crew member.
Passengers are not to be invited to an officer/crew accommodation or area, nor should anofficer/crew member visit a passenger cabin, unless required to do so in connection withtheir official duties. Officers/crew in passenger cabins likewise may not invite a passengerinto their cabin. The exception to this section is where a passenger is already recognizedto be in a relationship with an officer/crew member prior to boarding the vessel. Theofficer/crew member must declare this to their Head of Department prior to the passengerboarding.
Complaints are received from time to time from passengers and others about forms ofharassment onboard. In most cases, particularly those involving sexual harassment, thereis no actual intent to harass and the complaints arise from misunderstandings caused bydifferent cultural practices and standards. A kiss on the cheek, for example, may beperfectly acceptable in one culture but completely unacceptable in another. Strictadherence to the above rules is for the protection of the officer/crew member.
7. Reporting Harassment
The Company complaint procedure allows crew the ability to establish a complaint verballyor in writing. • An informal complaint is usually made verbally to one’s Supervisor, the Personnel &Training Manager, or Head of Department. A formal complaint is done in writing and submitted to the crew office or by calling 1-800-872-6779 Extension 31550 (within the United States) or +1-661-753-1550 (forinternational calls). Alternatively, a call can be made to the Compliance Hotline.
Employees are expected and encouraged to inform others in the workplace whenevertheir conduct is unwelcome, offensive, in poor taste, or inappropriate. Employees whobelieve they have been subjected to or witnessed any conduct prohibited by this policy areexpected to report the conduct to their supervisor, Personnel and Training Manager, Headof Department, or ashore in the manner stated above. All reports of harassment will beinvestigated fully and promptly and, to the extent reasonably possible, on a confidentialbasis. If it is determined that the alleged harasser has violated policies, appropriate correctiveaction will be taken in accordance with the Company’s Disciplinary procedure, which mayinclude discharge.
8. False Harassment Allegations
No person will suffer any adverse employment consequences as a result of a good faithreport under this policy. The Company vigorously defends its crew members’ right to workin an environment free of harassment and retaliation. The Company also recognizes thatfalse accusations can have serious consequences. Accordingly, any individual who isfound, through the investigation process, to have falsely accused another person ofharassment or retaliation may be subject to appropriate disciplinary action, up to andincluding discharge.

Source: http://volan-sea.com.ua/downloads/training_books/02-Terms_%26_Conditions_of_Employment.pdf