River Cruise Management (the “Company”) agree to employ XY born on xy/xy/19xy (“Employee”) in the capacity set forth in the Particulars of Employment Form attached hereto as Annex 1 (“Particulars of Employment Form”), for the consideration and under the standard terms an d conditions stated in this Contract of Employment (“Contract”), and Employee agrees to be so employed and to abide by the terms and conditions of this Contract and any other agreement to which Employee may be bound, including any collective bargaining agreement.
The Contract starts on xy/xy/20xy. The employer reserves the right to change the first advised embarkation date and place with prior notice of fourteen (14) days.
This will coincide with the actual start of the employment. The employment terms is indicated in Annex 1.
In case of definite period of employment each party has the possibility to terminate this contract at an earlier date according to Article 3.
The Company reserves the right to change the termination of the contract to the ship’s sailing schedule.
1. CONTRACT
1.1 Terms specific to the individual Employee are set out in Employee’s current Particulars of Employment Form.
Those, together with these Standard Terms and Conditions of Employment, constitute Employee’s Contract of Employment and override any previously agreed terms and condition of Employment.
1.2 If any special conditions have been agreed for Employee, these will be as set out in the Particulars of Employment Form and will override any provisions within these Terms and Conditions of Employment with which they are inconsistent.
2. COMMENCEMENT
Despite the date mentioned in Box 10 this contract starts when Employee leaves the Company offices at Limassol, his or her private residence at the place indicated in Box 4 to proceed with dispatch to the Vessel where he or she is posted. The employer reserves the right to change the first advised embarkation date and place with prior notice of fourteen (14) days.
3. TERMINATION
This contract continues until it is terminated by one of the following events:
- End of term if a date is indicated in Box 11
- Ordinary resignation by either party (Art. 3.1)
- Extraordinary cancellation by either party (conform Clause 4.2 and 7)
- Total or constructive loss of the vessel whose name appears in Box 8 or the vessel where the Employee was actually posted.
- River Cruise Management has the right to terminate the contract if the employee becomes permanently disabled because of ill health or physical or mental disability such that the employee can no longer do the job.
Should the employee fail to give proper notice of termination in terms of this provision, it is specifically agreed by both parties that the employer may deduct from the employee’s remuneration or other monies (such as accrued leave) due to the employee, an amount equal to the remuneration that the employee would have earned during the remaining period of the required notice.
3.1 ORDINARY CANCELLATION
3.2 The first three (3) months of employment are a probationary period during which either party may cancel this Contract by giving the other party seven (7) days prior written notice.
3.3 After the probation period, either party may cancel this Contract by giving the other party 14 (fourteen) days prior written notice.
4. EXTRAORDINARY CANCELLATION
4.1 Either party may cancel this Contract for cause with immediate effect by giving the other party written notice of such extra- ordinary cancellation: “Cause” shall exist in any of the following circumstances that are given by the purpose of illustration only.
4.2 The Employee’s
- Possession of narcotics, drugs other than those that could be prescribed by a medical practitioner, firearms or other dangerous weapons
- Refusal to undergo a drug or alcohol test by a person designated therefore or a medical examination by a certified doctor named by the Captain or the Company
- Non-disclosure of an infectious disease
- Absence from service without leave
- Disobedience against lawful orders by superiors
- Apparent inability or unwillingness to carry out assigned duties
4.3 The Company
- Demonstrated unwillingness or inability to maintain in a seaworthy condition
- Sending the Vessel into a warzone without the Employee’s consent
- Insistence in an order the execution of which by the Employee would create severe danger to his life or limb
4.4 Vessel’s
- Arrest or seizure for any reason
- Vessel’s current scheduled voyage is cancelled, suspended, interrupted or abandoned and the Company is unable to utilize Employee’s services on another vessel
5. SALARY
5.1 The basic salary specified in Box 12, any gratuities received by the Employee, during actual service on board the Vessel, and the cost providing accommodation, food and standard uniforms is agreed to be fair and just compensation for all work done by the Employee for the Company during his or her employment. Except when specifically agreed in this Contract, the Employee shall not be entitled to any additional pay or benefit from the Company. This refers to overtime pay, bonus for work at night, on Saturdays, Sundays and public holidays, or compensation for work in dirty or dangerous conditions.
5.2 If this contract begins or ends (for any reason) during a calendar month, the basic salary for such month shall be paid pro rata.
5.3 Salary is paid in the currency stipulated in Employee’s Contract of Employment Form monthly in arrears direct into Employee’s nominated bank account in the first week after the period the salary mentioned in the box 12 should be calculated. Employee must establish and maintain a bank account which can receive direct bank transfers from the Company or its nominated paying agent. Costs due to bank transfers are at the expense of the Employee.
5.4 Deductions from salary may be made for:
- Loss of Company property entrusted to the Employee
- Goods supplied
- Theft of Company property
- Damage to Company property
- Uniforms or safety clothing or equipment not returned in good order and condition
- Repatriation expenses
- On termination of engagement for time off taken in excess of Employee’s accrued entitlement in accordance with clause (8.6) below
Should any deductions from salary be made, the Employee will be provided with full details. The Company may alternatively or (to the extent that salary be insufficient) additionally seek reimbursement direct from Employee.
6. LEAVE – VACATION PAY
If this Contract is made for a limited term not exceeding six (6) months (conform Box 11), no leave of absence will be granted during such term. However, if so agreed in Box 13, for each thirty (30) days of employment the Employee shall be entitled to four (4) day paid holidays as follows: Vacation Pay shall be calculated by dividing the term during which the Employee served pursuant to this Company by thirty (30) dividing the Basic Salary (agreed in Box 11) by thirty (30) and then multiply the result with each other and with four (4). Vacation pay shall be due when this Contract terminates or is terminated or after six (6) months of employment, whichever is earlier.
7. SICK LEAVE
If the Employee is unable to attend his work as a result of sickness or other unexpected cause, he or she must inform THE COMPANY of the cause of his or her absence on the same day. If the Employee is absent through sickness extending to more than 1 (one) working day he or she shall immediately furnish the Company with a medical report by a qualified doctor indicating the likely duration of his or her absence from work. Details of the procedure to be followed are contained in The Company’s Operational Manual that is available onboard the Vessel.
The employee may be entitled to Sickness benefit from the Cyprus Social Insurance System. The application form for sickness benefit should be submitted within 21 days from the day that the incapacity for work of the claimant has started on the form. The form can be obtained from any social insurance office and from the website of the Social Insurance Services. The application must be accompanied by a medical certificate stating the sickness from which the claimant is suffering and the period for which he will be unable to work, and also by other certificates and documents of proof which are stated in the application form.
8. DUTIES
8.1 An Employee is required to undertake any duty to which Employee is assigned by Employee’s department head. Flexibility is total, and the salary is set at a level that contemplates total flexibility.
8.2 Employee’s department head will establish the work pattern and rotations, consistent with the Cyprus Merchant Shipping Regulations (Hours of work).
8.3 The Term of this Employment Contract is specified in Employee’s Contract of Employment Form. The initial 3 months of service are probationary.
After Employee has served onboard for a minimum of 3 months, the Company will review Employee’s performance and decide whether to continue Employee’s employment.
8.4 If Employee’s employment continues after the end of the probationary period, working periods and vacations will be established on the basis as specified in Employee’s Contract of Employment Form.
8.5 Working periods and vacation periods are in the discretion of the Company, and will be established so as to fit a vessel’s schedules and convenient location for joining and relieving, consistent with the Cyprus Merchant Shipping (Hours of work) regulations.
8.6 On termination of the Employment, Employee will be paid for any balance of vacation earned over and above days taken. Should Employee have taken and been paid for vacation days in excess of his/her earned entitlement, the Company will be reimbursed for the excess.
8.7 If the name of a Vessel appears in Box 8, the Employee will initially be posted to the said vessel. River Cruise Management may schedule the Employee to any other vessel under its management.
In this Contract “Vessel” shall mean the vessel indicated in Box 8 or the vessel where the Employee is posted pursuant the preceding sentence.
If the Employee is employed in a vessel’s hotel and restaurant department he or she shall serve in any station assigned to him or her by the Hotel Manager.
9. RUNAWAY POLICY
If the Employee leaves the Employment before the last day of its term without leave and/or without having given River Cruise Management advance notice pursuant to the term if this Contract, or before the effective date of either party’s termination. River Cruise Management shall be entitled to a penalty of 25 percent of the amount of the Salary (as indicated in Box 12).
The company may set off the said penalty against any obligation The company may have towards the Employee pursuant to this Contract.
10. TAX
The Employees attention has been drawn to the fact and he/she is fully aware that he/she is obliged to declare all the remuneration paid to him/her by the company under this Contract as taxable income in accordance with the law, rules and regulations of the relevant tax authorities in his/her country of origin or residence.
The Employee warrants that he/she will abide by such laws, rules and regulations and that he/she will on his own account pay income and other taxes if and when due to the relevant tax authorities.
11. INSURANCES
11.1 SOCIAL INSURANCE
The Employee will be registered with social insurance agencies in Cyprus in accordance with Art. 14.2 (a) Council Regulation 1408/71 as interpreted by the Cyprus Ministry of Labor and Social Insurance.
Department and Social Insurance Services. The Social Insurance Scheme provides cash benefits for marriage, maternity, sickness, unemployment, widowhood, invalidity, orphan-hood, old age, death and unemployment injury. The Employee is aware that pursuant to the Laws of Cyprus the Company may deduct a part of social insurance contributions from his or her remuneration and pay them to the relevant agencies on the Employee’s behalf.
11.2 MEDICAL INSURANCE
River Cruise Management will at its expense insure the Employee with a reputable private Health Insurance company of its choice for the duration of the contract.
A copy of the policy is available upon request. Claims for refunds of medical costs incurred by the Employee against the insurance company are the Employee’s responsibility.
12. TRAVEL EXPENSES
12.1 Employee is responsible for booking his/her own travel when traveling between the ship and his/her home. The Company will reimburse Employee up to 300.00 Euros per year for such travel, conditioned upon submission and approval of written statements, original receipts and report in accordance with the then-regular policies and procedures of Company.
12.2 Employee’s travel expenses will not be reimbursed if Employee leaves employment or terminates his engagement other than at the end of his/her scheduled working period.
12.3 The Company shall upon submission and approval of written statement and bills in accordance with the then-regular policies and procedures of the Company, pay or reimburse Employee for any and all necessary, customary and usual expenses incurred by Employee while traveling for or on behalf of the Company, and any and all other necessary, customary or usual expenses incurred by Employee for or on behalf of the Company in the normal course of business, as determined to be appropriate by the Company.
13. UNIFORM AND EQUIPMENT
13.1 Employees will be provided with uniforms as may be necessary in accordance with the Company’s uniform policy.
13.2 When on duty and/or in the proximity of passengers Employee must maintain the highest standard of appearance and personal hygiene and wear uniforms in accordance with the stipulations of the Company’s uniform policy.
13.3 Protective clothing and equipment must be used as required, or where circumstances dictate.
13.4 At the end of each sailing season and upon leaving the Company’s employment Employee must return all uniforms and protective clothing or equipment which may have been issued, in the condition in which it was supplied, fair wear and tear excepted.
14. ONBOARD ACCOMMODATION
14.1 When Employee is on a ship, Employee will be provided with a cabin and facilities in accordance with his/her rank and position as specified in Employee’s Contract of Employment Form.
14.2 When Employee is on a ship, towels and bed linen will be provided and laundered in accordance with Company policy, Employee is required to keep his/her cabin clean and tidy at all times, and on leaving the ship on vacation to remove all personal belongings and ensure that the cabin is clean and ready for occupation by his/her relief.
15. PERSONAL DATA AND PASSPORT, VISA AND VACCINATIONS
15.1 The Employee is aware and herewith agrees that his name, date of birth, address, nationality, passport number, position and details of his employment including but not limited to the remuneration will be stored by data processing. Likewise, a copy of the Employees passport will be made and kept on file. The Employee agrees that his or her personal data and copy of passport may be given to the owners of charterers of the Vessel, to Insurance companies and to public authorities entitled by law to receive such information.
15.2 On joining a ship, an Employee must be in possession of a valid passport with a minimum validity of 6 months and with all necessary visas and vaccinations appropriate for the vessel’s scheduled ports of call during his/her scheduled working period. Obtaining a passport, required visa, vaccinations and professional certificates shall be the Employee’s responsibility as well as informing the Employer in time if an extension of the visa is needed.
16. MEDICAL, CERTIFICATION AND EXAMINATION
16.1 On joining a ship, an Employee must be in possession of a valid medical certificate.
16.2 An Employee shall, as and when required complete a medical questionnaire and/or attend for medical examination by the Company’s nominated medical practitioner.
Such medical examinations can include drugs and alcohol related tests.
17. DRUGS AND ALCOHOL
17.1 An Employee may not consume alcohol while on duty onboard.
17.2 An Employee must not be under the influence of alcohol while off duty onboard.
17.3 An Employee must not be under the influence of alcohol while in uniform nor while out of uniform in any circumstances where he/she is or might be observed by passengers.
17.4 An Employee must not be engaged in any form of drug or substance abuse or be in possession of or traffic in drugs either onboard or ashore and whether during working period or vacation period.
17.5 Without limiting any other section of this Contract, a violation of this Section 16 will be considered a material breach of this Contract.
18. LIABILITY FOR LOSS OR DAMAGES
The Company does not accept liability for the loss or damage of an Employee’s personal possessions with the exception of those items essential for carrying out his/her role onboard. Employees are not to bring valuable item onboard and are advised not to leave any personal possessions on board. An employee should affect adequate personal insurance to cover personal possessions while onboard and traveling to/from the ship.
19. PROFESSIONAL DISCRETION
The Employee must refrain, during and after work, from releasing internal information about the Employer, its clients, suppliers and other employees’ data.
19.1 APPLICABLE LAW
This contract is subject to the laws of Cyprus and any dispute between parties in the absence of agreement shall fall within the exclusive jurisdiction of the Courts and Tribunals at Limassol.
20. MISCELLANEOUS PROVISIONS
20.1 This Agreement is the full agreement between the Company and Employee and it supersedes all other understandings and representations between the parties, whether written or oral, expressed or implied, including any and all terms of the employment relationship Employee had with the Company.
20.2 This Agreement may not be amended or modified unless in writing. No waiver shall be deemed to be made under this Agreement unless such waiver is in writing and signed by the party making the waiver.
20.3 If any provision of this Agreement shall be invalid or unenforceable, the remainder of the Agreement shall not be affected thereby.
