Professional Documents
Culture Documents
Screenshot 2023-10-25 at 10.40.05 AM
Screenshot 2023-10-25 at 10.40.05 AM
We would like to take this opportunity of welcoming you to MSC Cruise Line
Australia and confirm your employment with effect from NOVEMBER 30, 2023
in the position of ENTERTAINER this letter sets out the terms and conditions
of your employment.
Your initial basic starting salary will be 4850-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.
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.
A travel expense consists of: Flight Ticket, 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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
Any payment effected under this clause shall be without prejudice to any claim
for compensation made in law.
2. Disability:
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).
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.
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:
b) overalls;
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;
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.
4. A Employee shall have the right to accept or decline the assignment without
risking losing his employment or suffering any other detrimental effects.
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:
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.
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.
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 E m p l o y e e 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
a n d E m p l o y e e 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,
EMPLOYEE'S ACKNOWLEDGEMENT
Nationality: INDIAN
Signature:
Date: 10-11-2023