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Term & Condition Ref No.

130522-SR

TERMS AND CONDITIONS OF EMPLOYMENT

1. COMMENCEMENT AND TERM

1.1 The Employee’s employment shall begin on the date specified under Clause 2 of the
Letter of Agreement.

1.2 The employment of the Employee shall be for a fixed period as specified in the Letter
of Agreement.

1.3 In the event the Company or Employee elects to terminate the employment before the
expiry of the fixed period referred to in sub-clause 1.2 above, the corresponding notice
period or payment in lieu of such a notice provided under Clause 14 of this
Employment Conditions should be given.

1.4 The Employee’s employment Agreement shall continue to have effect while the
Employee is held captive on or off the ship as a result of acts of piracy or armed
robbery against ships, regardless of whether the expiry of the fixed period as specified
in the Letter of Agreement has passed or either the Company or the Employee has
given notice to suspend or terminate the Agreement. For the purpose of this clause,
the terms:

(a) piracy shall have the same meaning as in the United Nations Convention on the
Law of the Sea, 1982;
(b) armed robbery against ships means any illegal act of violence or detention or any
act of depredation, or threat thereof, other than an act of piracy, committed for
private ends and directed against a ship or against persons or property on board
such a ship, within a State’s internal waters, archipelago waters and territorial sea,
or any act of inciting or of intentionally facilitating an act described above.

2. OBLIGATIONS DURING EMPLOYMENT

2.1 The Employee shall serve the Company to the best of his/her ability in the capacity
described in the Letter of Agreement and shall faithfully and diligently perform duties
reasonably incidental to seafaring life.

2.2 The Employee shall obey the lawful instructions of the Manager and shall also obey
any instructions given to him/her by the Master, or any person authorised by him.

2.3 The Employee shall, unless prevented by sickness, injury or other incapacity, devote
the whole of his/her time, attention and abilities during his/her hours of work to the
business and affairs of the Company and/or the Vessel.

2.4 The Employee shall observe all rules, requirements and policies of the Company at all
times and shall execute, sign, declare, and do all necessary acts as required under the
Company’s policies and instructions.

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Term & Condition Ref No.130522-SR

2.5 The Employee hereby covenants and undertakes that the Employee shall not partake,
indulge or involve in whatever capacity in any gaming activity in the Company’s
casino, or undertaking gaming activities in any other area onboard such ships and in
other facilities (“Restricted Areas”) of which the Company or its associates are owned
or having interests while under the Company’s employment, and for a further period
of six (6) months after the end of the Agreement. However, if his/her employment was
terminated for any reason whatsoever before the end of the Agreement (whether by
resignation, dismissal or otherwise), the Employee shall be barred from entering all
such Restricted Areas for one (1) year from the date of termination of employment.

3. REMUNERATION

3.1 The Company shall pay or cause to be paid to the Employee the salary set out in Clause
6 of the Letter of Agreement (which shall accrue from day to day) for every month
worked. The salary shall be payable in arrears on or about the last day of each
calendar month in cash or other negotiable instrument(s) in denomination(s) at the
discretion of the Company or to an account nominated by the Employee. Shore leave
shall not be taken into consideration for calculation of wages and/or remuneration.

3.2 The Company will provide free board and lodging to the Employee whilst on board
the Vessel.

4. MEDICAL EXAMINATION

4.1 The Employee shall be required to attend a full medical examination and pass the
medical examination to the satisfaction of the Company. If in the event of the
Employee being offered a position before such medical examination can be performed,
then such offer of employment, whether written or oral, shall always be subjected to
the passing of the medical examination.

4.2 During the Employee’s course of employment, the Company shall have the right to
require the Employee to attend medical examination of the types as the Company
may deem necessary. Should the result of the medical examination be unfavorable,
the Employee may seek for further medical examination with an independent
medical practitioner certified by the flag state authority.

4.3 If still the medical result of the Employee does not warrant his/her subsequent or
continuing employment, the Company shall be fully entitled to terminate the
employment, whether written or oral, by providing him/her seven (7) days written
notice.

4.4 Notwithstanding any of the above, the results of any medical examination(s) shall
remain the sole possession of the Company and shall, in the sole discretion of the
Company, be kept confidential and not be released by the Employer to any person or
third parties, including the Employee.

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Term & Condition Ref No.130522-SR

5. REPATRIATION AND EMBARKATION

5.1 Subject to the following clauses, the Company shall pay towards the Employee’s cost
of embarkation from the Employee’s Destination of Repatriation to the Company’s
Home Port or Vessel’s port of call and repatriation from the Company’s Home Port or
Vessel’s port of call to the Employee’s Destination of Repatriation (Economy Class)
at the commencement and expiration/termination of the contract (whichever is
applicable).

5.2 If the Employee terminates his/her employment other than for any one of the reasons
as stipulated in Guideline B2.5.1(b) of MLC 2006, he/she must pay his/her own
costs of repatriation and other incidental cost.

5.3 If the Employer terminates the Employee’s employment on disciplinary ground(s)


pursuant to the Code of Discipline, or for reason of the Employee’s serious or
persistent breach of any term or condition of the Agreement, the cost of repatriation
and other incidental costs shall be borne by the Employee.

5.4 Where the termination of the Employee has been decided upon due to unsatisfactory
medical results, the Employee shall be repatriated to the Destination of Repatriation
and such repatriation costs be borne by the Company. “Unsatisfactory medical result”
shall include, without limitation, situations (i) where the Employee is certificated by
a qualified medical doctor of no longer able to carry out the duties under his/her
employment or cannot be expected to carry them out in the specific circumstances,
and (ii) where the Employee’s sickness or injury has been declared of a permanent
character.

5.5 In events described in sub-clauses 5.2 and 5.3, neither the Company nor the Vessel
shall be liable for costs in connection with accidents suffered by the Employee during
the repatriation.

5.6 In events described in sub-clauses 5.1 and 5.4, the Company shall pay for costs in
connection with accidents suffered by the Employee during the described journeys
subject always to sub-clauses 9, 10, 11 and 12 herein written.

5.7 The baggage allowance for the Employee on embarkation and repatriation shall be
that stated in the Company’s policy (ies). The Employee shall pay the cost of any
excess baggage.

6. PLACE OF WORK

6.1 The Employee’s place(s) of work shall be as specified in Clauses 1 and 4 of the Letter
of Agreement. If the Employee is required to transfer to another vessel, his/her period
of service will not be extended beyond the term of the Letter of Agreement. The
Company shall pay all reasonable expenses in connection with the transfer.

6.2 In the event the Employee seeks a transfer to another ship, and if the Company allows
the transfer, the Employee shall be responsible to pay the cost of all such transfer
including airfares and all associated costs.
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Term & Condition Ref No.130522-SR

7. HOURS OF WORK and HOURS OF REST

7.1 The Employee working hours shall be in accordance with MLC Regulation 2.3 -
Hours of work and hours of rest as follows:

(a) Maximum hours of work shall not exceed:


(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period;
or
(b) Minimum hours of rest shall not be less than:
(i) 10 hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.

The Employee may, however, be required to start his/her work at different time slot
(or be called out during rest period if his/her position requires him/her to work on on-
call basis) subject to the sole discretion of the Master or the Manager.

7.2 Nothing in Clause 7.1 above shall be deemed to impair the right of the Master or the
Manager to require the Seafarer to perform any hours of work necessary for the
immediate safety of the Vessel, persons on board or cargo, or for the purpose of giving
assistance to other ships or persons in distress at sea.

8. PAYMENT OF WAGES

8.1 Nothing in Clause 6 of the Letter of Agreement or Clause 3 of the Employment


Conditions shall prevent the Company from paying the Employee in any currency it
deems appropriate provided always that the Employee is paid in full in accordance
with his/her Agreement.

8.2 Payment of wages shall commence from the sign on date specified under Clause 2
of the Letter of Agreement and shall continue till the day of signing off from the
Vessel. Seafarers travelling to join a ship at the beginning of their contractual
employment period and during repatriation shall be paid basic wages for those
days that you are not onboard vessel, including days spent in a hotel at the
Owners/Company's request and waiting for the vessel to arrive or to be
repatriated.

8.3 Where an Employee is held captive on or off the ship as a result of acts of piracy
or armed robbery against ships, wages and other entitlements under the
employment Agreement or applicable national laws, including remittance of any
allotments, shall continue to be paid during the entire period of captivity and until
the Employee is released and duly repatriated or, where the Employee dies while
in captivity, until the date of death as determined in accordance with applicable
national laws or regulations. The terms piracy and armed robbery against ships
shall have the same meaning as in clause 1.4.

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Term & Condition Ref No.130522-SR

9. SICKNESS AND MEDICAL BENEFITS

9.1 Where if the Employee is discharged owing to sickness whilst in the employment of
the Company, he/she shall be entitled to medical treatment (including hospitalization)
at the Company’s expense until the Employee has recovered, or up to a maximum of
130 days from the day of the injury or the commencement of the sickness provided
satisfactory medical certificates are submitted, whichever is the earlier.

Where if the Employee is discharged owing to injury whilst in the employment of the
Company but not attributable to the performance of his/her assigned duties, he/she
shall be entitled to medical treatment (including hospitalization) at the Company’s
expense until the Employee has recovered, or up to a maximum of 130 days from the
day of the injury provided satisfactory medical certificates are submitted, whichever
is the earlier.

Whereas, for any injury sustained and attributable to his/her performance of any
assigned duties in the course of his/her employment, the Employee he/she shall be
entitled to medical treatment (including hospitalization) at the Company’s expense
until his/her condition has reached the stage of medical improvement according to the
opinion of treating doctor or Company-appointed doctor or a degree of permanent
disability has been assessed in accordance with Clause 11.2.

During the periods mentioned above, the Company shall be entitled in its sole
discretion to relocate and place the Employee in a hospital or place of the Company’s
choice.

The Company is however not liable for any expenses arising from or connected with
treatments and/or consultations for:
(i) cosmetic improvement (e.g. optical charges);
(ii) sexually transmitted diseases;
(iii) injury incurred otherwise than in the service of the Vessel;
(iv) injury or sickness caused by the Employee’s willful misconduct;
and
(v) sickness or infirmity intentionally concealed when his/ her
engagement is entered into.

9.2 The Employee shall continue to be paid his/her Monthly Total Pay as indicated in
his/her Letter of Agreement during period of absence from work provided that
satisfactory medical certificate for his/her absence is submitted.

When the Employee has been repatriated at the Company’s expense or has arrived at
the Destination of Repatriation, he shall be entitled to receive his/her Basic Wage
while he/she remains sick or injured, provided satisfactory medical certificates and
the Employee’s written confirmation that he is not entitled to any cash benefit under
the legislation of his/her country or place of residence (as applicable) are submitted
upon the Company’s request. The Employee’s entitlement under this Clause 9.2 shall
be limited to a maximum of 130 days from the day of the injury or the commencement
of the sickness provided satisfactory medical certificate are submitted.
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Term & Condition Ref No.130522-SR

For the avoidance of doubt, the Employee shall not be entitled to earn/receive any
salary, wage or sick pay whatsoever if his/her illness and injury is caused by his/her
own willful act or default

10. COMPENSATION FOR DEATH

If the Employee dies while in the employment of the Company, including death
occurring whilst travelling to and from the Company’s Home Port or the Vessel, or
as a result of marine peril, the Company shall pay the sum of US$90,000.00 to the
widow/widower or to the immediate next of kin and US$20,000.00 to each dependent
child under 21 years subject to a maximum of four.

11. COMPENSATION FOR DISABILITY

11.1 An Employee who suffers permanent disability as a result of an accident, regardless


of fault but excluding injuries caused by the Employee’s willful act whilst in the
employment of the Company, including accidents occurring whilst travelling to and
from the Company’s Home Port or the Vessel and whose ability to work is reduced
as a result thereof, shall in addition to sick pay, be entitled to compensation according
to the provisions of this Agreement.

11.2 The disability suffered by the Employee shall be certified by a doctor appointed by
the Company and the Company shall provide disability compensation to the
Employee in accordance with the rate specified in the table below which is reflective
of his/her disability.

DEGREE OF DISABILITY RATE OF COMPENSATION


% US$
100 80,000
75 60,000
60 48,000
50 40,000
40 32,000
30 24,000
20 16,000
10 8,000

With any differences, including less than 10% disability, to be pro-rated.

Payment of compensation herein shall constitute full and final settlement of all claims
against the Company and the Employee shall sign a receipt and release document to
that effect.

12. PROVISO TO BENEFITS AND COMPENSATION

In the event the illness or injury of the Employee was suffered before the
commencement of his/her employment, or the death of the Employee is attributable
to any cause or event occurred before his/her employment, the Employee shall not
be entitled to receive any benefits stated in/under sub-clauses 9, 10 and 11 above.
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13. LIABILITIES

Save and except it is expressly written down in this Agreement, the Company shall not
be liable or responsible to the Employee any claim, expenses and/or lost he/she has
incurred.

14. TERMINATION OF EMPLOYMENT

14.1 If the Company, in its sole discretion, decides that the performance of the Employee
during the probationary period does not warrant his/her subsequent or continuing
employment, it can terminate the Employee’s employment by providing fifteen (15)
days’ written notice or paying fifteen (15) days’ salary in lieu of such notice.
Similarly, the Employee is required to give fifteen (15) days’ written notice of his/her
intention to resign from the employment or pay fifteen (15) days’ salary in lieu of such
notice should he/she wishes to terminate the employment during the probationary
period.

14.2 After confirmation, the Employee shall be required to give fifteen (15) days’ written
notice of his/her intention to resign from the Company or pay fifteen (15) days’ salary
in lieu of such notice. The Company shall similarly give fifteen (15) days’ notice or
pay fifteen (15) days’ salary in lieu of such notice to the Employee if the Company
wishes to terminate the Employee’s services.

14.3 Without prejudice to the Company’s right(s) under Clause 14.1 and Clause 14.2 above,
the Company shall be entitled to terminate the Employee’s services by giving seven
(7) days’ notice or pay seven (7) days’ salary in lieu of notice in the following events:
(i) upon the loss of the Ship, or
(ii) when the Ship has been laid up for a continuous period of at least one (1)
month, or
(iii) upon the sale of the Ship.

14.4 Notwithstanding the methods specified above for effecting a termination, the
Employee’s services may be terminated forthwith by the Company for reason of the
Employee’s serious or persistent breach of this Agreement, or pursuance to the
procedures laid down in the Code of Discipline. For the avoidance of doubt,
“persistent breach” in this Agreement means the continuous breach of a (same) term
or condition of this Agreement for three (3) times during the Employee’s term of
employment.

14.5 In the event the Employee is a female and is pregnant during the term of employment,
the Employee shall be required to inform the Manager and the Vessel’s doctor as soon
as her condition is realized.

The Employee will be repatriated upon confirmation that she is unable to perform her
duties due to pregnancy.

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15. GRIEVANCE PROCEDURE

If the Employee has any grievance relating to his/her employment he/she should raise
the matter in accordance with the Company’s grievance procedures.

16. APPLICABLE LAWS AND JURISDICTION

The terms and conditions of this Agreement shall be governed by the laws of the
Singapore. The courts in Singapore shall have exclusive jurisdiction to deal with,
consider and adjudicate any disputes/issues arising from or connected with the
interpretation, application and/or performance of this Agreement.

17. ASSIGNMENT

The Company shall be entitled during the continuance of the Employee’s


employment to make available the services of the Employee or to assign the benefit
of this Agreement to any other person, firm or company within the Group at such
locations and for such periods as the Company thinks fit and the Employee shall enter
into any Agreement with such other person, firm or company as the Company may
reasonably require, to give full effect to such arrangement.

18. CONFIDENTIALITY

18.1 The Employee shall not (except as authorized or required by his/her duties hereunder)
use for his/her own benefit or gain or reveal to any person, firm, company or other
organization whatsoever, any trade secrets or confidential information belonging to
the Company, or the Group or relating to the affairs or dealings with its customers,
suppliers or agents which may come to his/her knowledge in the course of his/her
employment. Confidential information shall include, but not limited to client’s lists,
client’s requirements, sales and marketing strategies, financial information and
financial plans, proposed future business methods and document marked
“confidential” or any information which the Employee is told is “confidential” or
which he/she might reasonably expect to be regarded by the Company or the Group as
“confidential”.

18.2 The Employee shall not, without the prior written consent of the Company, either
directly or indirectly publish any opinion, fact or material or deliver any lecture
whether private, public or address of participation in the making of any film, radio
broadcast or television transmission or communicate with any representative of the
media or any third party relating to the business or affairs of the Company or the Group
or to any of its or their officers, employees, customers/clients, suppliers and agents.

For the purpose of this clause “media” shall include television (terrestrial, satellite
and cable) radio, newspaper and other journalistic publications.

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19. EXTENSION OF TIME

The Company shall have the absolute discretion to extend the period of employment
under this Agreement as long this complies with MLC regulation or under similar
terms and conditions by the laws of the Vessel’s flag state.

20. DEFINITIONS

“Agreement” means the “Letter of Agreement” and “Terms and Conditions of


Employment”.

“Code of Discipline” means the internal procedures of the Company regulating the
procedures and requirements on issues regarding seafarers’ misconducts and the
corresponding disciplinary action(s).

“Company’s Home Port” means Hong Kong, Singapore, Malaysia or whichever port
currently serving as the Vessel’s home port (whichever is applicable).

“Destination of Repatriation” means the nearest International Airport from the


place of residence of the Employee’s home country at the Company’s sole discretion.

“Employment Conditions” means this Terms and Conditions of Employment.

“Group” mean the Companies within RESORT WORLD CRUISES PTE. LTD of
Companies.

“The Company” means SINGHAI MARINE SERVICES whose correspondence


Address at 380, Jalan Besar, #05-06 ARC 380, Singapore 209000.

“The Vessel” or “Ship” refers to the vessel as specified in Clauses 1 and 4 of the Letter
of Agreement.

“MLC 2006” means the Maritime Labour Convention, 2006 that created by the
International Labour Organization and scheduled to come into force on 20 August
2013.

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