EMPLOYMENT CONDITIONS
1. Commencement
Unless otherwise specifically agreed in Box 9, this Employment Contract (the "Contract") commences when the Employee leaves sea chefs' offices at Limassol, his or her private residence at the place indicated in Box 5 or the place specifically agreed in Box 14 to proceed with dispatch to the Vessel where he or she is posted.
2. Termination. This Contract continues until it is terminated by one of the following events:
a) End of term if a date is indicated in Box 10
b) Ordinary cancellation by either party (cf. Clause 2.1)
c) Extraordinary cancellation by either party (cf. Clauses 2.2 and 5)
d) The Employee's sixtieth birthday
e) Death, disappearance or permanent partial or total disability of the Employee (cf. Clause 8.2)
f) Total or constructive less of the vessel whose name appears in Box 7 or the vessel where the Employee was actually serving pursuant to Clause 9.
2.1 Ordinary Cancellation
2.1.1 The first three (3) months of employment area probationary period during which either party may cancel this Contract by giving the other party fourteen (14) days prior written notice.
2.1.2 After the probationary period, either party may cancel this Contract by giving the other party four (4) weeks prior written notice.
2.2 Extraordinary Cancellation
2.2.1 Either party may cancel this Contract for cause with immediate effect by giving the other party written notice of such extraordinary cancellation, 'Cause" shall exist in any of the following circumstances that are given for the purpose of illustration only:
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 ore medical examination by a certified doctor named by the Captain or sea chefs, - 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.
Sea chefs'
- Demonstrated unwillingness or inability to maintain the Vessel in a seaworthy condition,
- Sending the vessel into a war zone 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
- Default in paying the remuneration (cf. Clause 3, below) when due if such default is not cured within 10 (ten) business days.
The Vessel's
-Arrest or seizure for any reason.
3. Remuneration
3.1 Total Remuneration.
The remuneration specified in Boxes 11 through 13 any gratuities received by the Employee and, during actual service on board the Vessel , the cost of providing accommodation, food and standard uniforms (agreed to be worth not less than 19,82 euro per day) is agreed to be fair and just compensation for all work done by the Employee for sea chefs 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 sea chefs. 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.
3.2 Pro Rate. If this Contract begins or ends (for any reason) during a calendar month, the Basic Wages for such month shall be paid pro rate temporis.
3.3 Where and When Duo.
The Basic Wages shall be paid monthly (nut later than the last day of each month) at sea chefs' discretion in cash onboard the Vessel or
by transfer to the Employees bank account if details of such bank account have been provided to sea chefs in writing on sea chefs' Bank Account Notification Form.
4. Leave. Vacation Pay.
lf this Contract is made for a limited term not exceeding ten (10) months (cf. Box 14), no leave of absence will be granted during such term.
However, if so agreed in Box 12, for each thirty (30) days of employment the Employee shall be entitled to seven (7) days paid holidays as follows: Vacation Pay shall be calculated by dividing the term during which the Employee served pursuant to this Contract by thirty (30), dividing the Basic Wages (agreed in Box 11) by thirty (30) and then multiplying the results with each other and with seven (7). Vacation Pay shall be due when this Contract terminates or is terminated or after ten (1D) months of employment, whichever is earlier.
5. 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 sea chefs 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 sea chefs with a medical report by a qualified doctor indicating the likely duration of his or her absence form work. Details of the procedures to be followed are contained in sea chefs' Standard Operational Procedure (SOP) "Accidents and Sickness" 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..
6. Contract Completion Bonus.
If this Contract is made for a limited term (cf. Box 10) and a Contract Completion Bonus is agreed in Box 13 (the 'Bonus"), then such Bonus will be due on the day after the last day of the term provided that a) neither party has cancelled the Contract pursuant to Clauses 2 or 5 ,
b) the Employee against payment of such Bonus and any other payment due the Employee pursuant to this Contract releases sea chefs in writing of any further obligation, and
c) the Employee has not been absent from work without leave during the term of his or her employment.
In the event of absence from work due to sickness, the Bonus MI be reduced by five (5) percent for each day of such absence.
7. RUNAWAY PENALTY.
If the Employee leaves the Employment before the last day of its term without leave and/or without having given SEA CHEFS advance notice pursuant to the terms of this Contract, or before the effective date of either party's termination, SEA CHEFS shall be entitled to a penalty of 25 per cent of the amount of Basic Wages (as indicated in Box 11).
SEA CHEFS may set off the said penalty against any obligation SEA CHEFS may have towards the Employee pursuant to this Contract.
8. Tax.
The Employee's 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 sea chefs under this Contract as taxable income in accordance with the laws, 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/her own account pay income and other taxes if and when due to the relevant tax authorities.
9. Social Insurance, Additional Insurance Against Death by Accident. Permanent Disability and Medical Insurance
9.1 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 of Social Insurance Services. The Social Insurance Scheme provides cash benefits for marriage, maternity, sickness, unemployment, widowhood, invalidity, orphan-hood, old age, death and employment injury. The Employee is aware that pursuant to the laws of Cyprus sea chefs 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.
9.2 Death by Accident or Permanent Disability.
Sea chefs will at its expense insure the Employee during his or her employment against death by accident, in the amount of 25.000 Euros (say twenty-five thousand Euros), and against permanent disability, in the amount of 50.000 Euros (say fifty thousand Euros). Further details of such insurance shall be provided upon the Employee's request.
9.3 Medical Insurance.
Sea chefs 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
10. Location and Position of Service.
If the name of a vessel appears in Box 7, the Employee will initially be posted to the said vessel. Sea chefs may post the Employee to any other vessel under its management.
In this Contract, "Vessel' shall mean the vessel indicated in Box 7 or the vessel where the Employee is posted pursuant to 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.
11. Travel Before, During and At The End of Employment
11.1 All necessary travel of the Employee before and during his employment will be arranged by sea chefs at its expense.
The Employee shall use the means of transportation arranged by sea chefs. Any other means of transportation shall be for the Employee's account.
11.2 Provided that the Employee has fulfilled all his obligations under this Contract (including, if this Contract is for a limited term, service during the full term) and provided that the Contract has not been terminated during the probation period or by sea chefs for cause, sea chefs shall at the end of this Contract at its discretion arrange the Employee's repatriation or pay the Employee a lump sum return travel allowance based on the cost of a bus or standard second class rail ticket or provide the Employee with any available bus or rail ticket from the port of disembarkation or nearby bus or railway station to a bus or railway station near the Employee's private residence (as indicated in Box 5) or the place specifically agreed in Box 14.
If sea chefs provides the Employee with an air ticket, such ticket shall be to an airport near the Employee's private residence (as indicated in Box 5) or the place specifically agreed in Box 14, and the preceding sentence shall apply "mutatis mutandis" to onward travel between such airport and the Employee's private residence (as indicated in Box 5) or the place specifically agreed in Box 14.
12. Personal Data and Passport.
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 Employee's passport will be made and kept on file.
The Employee agrees that his or her personal data and copy of his or her passport may be given to the owners or charterers of the Vessel, to insurance companies and to public authorities entitled by law to receive such information.
13. Confidentiality.
The Employee shall keep any and all business secrets and other information received by him or her during his or her employment or in connection therewith absolutely confidential during the term of his or her employment and thereafter.
14. Professional Certificates, Visas and Vaccinations.
The Employee shall carry with him during his stay onboard be Vessel his or her passport valid throughout the contract.
