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/ 34
EMPLOYMENT
AGREEMENT
Attached are your Seafarer’s Employment Agreement (SEAJ, Addendum
thereto, and Terms & Conditions of Employment. itis necessary for you
‘to sign both the SEA and the Addendum to the SEA. :
Upon joining the vessel you are assigned, please present both docurnents
to the Crew Office. If you have any questions regarding your SEA.or the
‘Terms & Canditions of Employment, you may contact your manning
agency/staffing company for details.
Princess Cruise Lines, Ltd: PRINCESS CRUISE LINES LTD. (“Company”)
EMPLOYMENT AGREEMENT {NO
2 Forename iheveatter Employed) Beth
Feb 17 1993
Fiace of Birth Em IDs,
Nasik Maharashtra 663000
‘Confined Ranke dob Rani (hereafter ‘Postion
3rd Engineer Officer 3rd Engineer Officer
‘Gusranteed Monthly Wage y
5,372.00 USD
Exoess Overtime ate (Galsvisted on basis wage element) | Excess Overtime ald for Monthly Hours Worked Over?
0.00 USD 1 280 Hours 330 Hours
‘Annual Leave Calculation (calculated on consolidated monthly houra) | Joining Datel Disemberkation Date
85 days per month [Feb 17 2023 | Jun 04 2023
THIS IS AN IMPORTANT LEGAL AGREEMENT.
READ IT CAREFULLY BEFORE SIGNING.
Employee acknowledges hisiher responsibilty to read this Agreanert, understand ite contents. end adhere to ll of ite
provisiona. Employee understands and agrees that the Colective Bargaining Agreement {CEAX) between the Company
land Unions attached hereto is incorporated info and made part of this Agreement end fs binding on Employee and
‘Company Employee further agrees that the terms of the CBA are binding on him or her whether the Employee fs, remains
‘or ceases ta be 2 member of the Unions. Employes agrees that empioymentyath the Company constitutes an kntarrational
‘commercial relationship wth one or more ‘oeign parties and that any and all disputes of eny kind or nature whatsaever
between Employee and Company shall be resolved by binding arbitration In Bermuda end governed exclustvely by the laws
‘of Bermuda without cogard to principles of canficts of laur as set forth in Article 4 of the attached CBA
Employoe Is not signing this Agreement under duress of any kind, Employee acknowedges that helshe has had the
‘oppoTunty to examine the Agreement and CBA and seek ery advice on it bafere signing, Employee affirms: that he/she
‘senepts and wal abide by each and every provision ofthis Agreement. which includes all the terms set forth in the attached
‘CBA including, but not imited to, tha Guaranteed Monthly Wage. Governing Law and Arbitrtion provisions contained
therein Employes acknowledges and accepts that the Guaranteed Monthly Wage includes all or some overtime and all
‘or some of pool shares for eligible employees, os Set forth in Article 4. In addition, Employee agrees to abide by all other
‘utiten or oral rules reguistions. policies and procedures af Company anlar the Alilated Carmpanies andlor any veeset on
‘which hoshe ls assigned, whether set forth In this Agreement or elsenhers,
‘The partes agree that this Agreement Is entered into in Bermuda, the country where Company is registered. Employee
agrees to recevéthis Agteamentin printed.ar electronic form and that an electronic soan, copy oF facsimile this Agreement
and iis attachments shall be es void as the erginal and that Employee has received a full copy of this Agreement and
the attached CBA consisting of 29 pages Employee egress that Companys retention of a paper or elecwonic cepy ofthis
Agreement only shall be ‘conclusive and irefucable evidence that Empliyes recelved and signed this Agreement
Signed: on [3)0} [202% prined name: Maid, Ashutosh Vilas
Signature Data
Signed efi Captain Ello Autlero Signed: Ree: WVerhaee Patt! McNeill
cess Cruise Lines, Ltd, For Princess Crutse Lines, Ltd.
Empioyerent Agrewment “060117
an 122078 ‘Gornes_tovta
“i Addendum to Seafarer Employment Agreement issued by
PCLLTD
Date: 12 January 2023
Full Name: Maid, Ashutosh Vilas
Seaferer's Employee Number: 663000
Date of Birth: Feb 17 1993
Place of Birth: Nasik Maharashtra
‘Assigned Rank: 3rd Engineer Officer
‘Guaranteed Wege: 5,372.00 USD
Embarkation Date: Feb 17 2023
Disemberkation Date: Jun 04 2023
‘This Addendum to the undertying Officer or other Seafarer Employment Agreement (SEA) identified
herein, applies to Officer/ather Seafarer (Seafarer) services on ships registered in the United
Kingdom and owned, operated, managed or chartered by Carnival PLC trading as PRO Cruises
‘Australia (the Shipowner), where such Seafarer is employed by PCL LTD (the Employer).
This Addendum is issued In compliance with SI 2014 No.1613 - The Merchant Shipping (Maritime
Labour Convention} (Minimum Requirements for Seafarers etc.) Regulations 2014, Regulation
‘9(2){b), and will apply when the Seafarer i appointed to any ship registered in the United Kingdom
and owned, operated, managed or chartered by the Shipowner.
The Shipowner, Carnival PLE trading ax P&O Cruises Australia, of Level 5, 465 Victoria Avenue
‘Chatswood, NSW 2067 Australia, signs this Addendum to acknowledge its non-delegable duties as
Shipawner, under the Maritime Labour Convention, 2006 and associated regulations to fulfill any
‘obligation of the Employer to the Seafarer, if the Employer falls to meet such obligation as further
described herein.
For the avoidance of doubt, itis confirmed that the Shipawner is not the emplayer of the Seafarer.
By signing this Addendum, the Shipowner, Employer and Seafarer mutually agree that the
Shipowner does not and will not become the employer of the Seafarer, nor does the Shipowner
assume any of the responsibilities and/or llablities of an employer towards the Seafarer, apart from
‘those required by Regulation 9(2)(b) of 5! 2024 No. 1622. Similarly, by thelr signatures below, such
Parties agree that this Addendum is entered into in Bermuda, the country where the
Employer is registered.
Jan 12 2023
Gomes_Jovita It is further agreed by the undersigned partles that this Addendum does not amend in any way the
terms and conditions contained within the SEA issued by PCL LTD , and is solely issued for
fegulatory compliance as expressiprststeth Herel; Indfding confirmation of appointment: dates,»
salary and leave earning rate in compliance therewith.
rh reset terms and conditions of the und EA issued
Employer shall remain in. ke In the event of any conflict,
Seafarer acknowledges that he/she is freely entering, or has freely entered, into the undertying SEA
referenced above, as well as this Addendum, collectively “Employment Agreement,” and is not
signing such Employment Agreement under duress of any kind. Seafarer further acknowledges that
he/she has been given the epportunity to review and seek advice regarding hisfher rights and
responsibilities under such Employment Agreement before signing below.
Seafarer agrees to receive the Employment Agreement in printed or electronic form, that an
electronic sean, copy of facsimile of such Employment Agreement (including any attachments
referenced therein) shall be as valid as the original, and that Seafarer has received a full copy of such
Employment Agreement. Seafarer further agrees that the Employer's retention of a paper or
electronic copy of such Employment Agreement as signed by Seafarer shall be deemed conclusive
and irrefutable evidence that Seafarer received and signed the Employment Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date last written
below.
Signed for Shipowner, Carnival PLC trading 25 P&O Cruises Australia
. pate: 12 January 2023
‘Greg lackson, Vice President
Signed for Employer,
bate; 12 January 2023
CSpt Elio Autiero, Director, Human Resources
Name & Tit
a
Name & Title
12 January 2023
Patti MeNeill, Manay urce Support Team
‘Signed by Seafarer:
(WL pate: 13 Tanvory 2022
name: Maid, Ashutosh Vilas
‘SU Adendum ~ Erployseerslon—Termlate SON 2016
Jan 12 2023
Gomes_Jovita ‘ai Table of Contents
‘COLLECTIVE BARGAINING AGREEMENT GENERAL PROVISIONS,
ARTICLE 1
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13,
ARTICLE 14
ARTICLE 15
ARTICLE 18
ANNEX |
ANNEX I
“ANNEX Ill
ANNEX IV
Defined Terms . eect i
Vessel Assignment ornanennige
Duration and Termination of Agreement . oe
Hours Worked, Wages, Overtime end Other Pay soi... PEERS ae Lehre
Service in Case of Emergency; Safety and Security of the VasSCh...-.seesceeeeeseeesB
Repatriation Expenses...
Health, Accident and Death Benet, .....secsesesesesssereanesielessisseansceeeeteenees?
Discipline, Complaints, Outies anc Code of Conduct .... seucarmtces ont?
Illegal or Unauthorized Drugs and Alechol, Contraband, Zero Tolerance to Crime... 0
Crews Effects: Loss, Damage, or Abandoned .
Personal information Gonsent; Confidential and Proprietary Information:
Use end Display of Likeness: Work fot Hite...
imemet Use and Social Media Polley ......0..ccccssrecieecssestees
Governing Law, Arbitration, Venue and Resolution of All Claims,
Controversies or Disputes. ...
Limitation on Representative Actions...
Integration of Terms, Severabilty ..
The Company Code of Conduct «1...
Onboard Complaints Procedure, ......
Drees Code: Appearance, Personal Cleanliness And Hygiene .........0cscnceiies
Policy Against Harassment and Retaliation, ......ce.sersscsesqyteesssessiess bosses COLLECTIVE BARGAINING AGREEMENT
GENERAL PROVISIONS
This Collective Bargaining Agreement (BAY Is made between Princess Crulse Lines. Lid thereinafter referred to
as “Compony’) Par Le Vile Place, ld Pat.Le Vile Rood, Hamilton, Hl JX, Bermuda, and the employees trade union
‘organizations Federazione ttallana Trahsportl-CiSL (FIT-CISL) and Federazione Italiana Laverateri Transperti-CGiL
(FICT- CGI} (hereinafter refered to a8 “Unions? ancl Is effective fran the lst day of June In the year 2017 This,
CBA will be automatically renewed on a yeatly basis, unless cancelled by Company or Unions with at least three
months notice prior to expiration, The terms of this CBA may ba amended st any time by mutual agreement
between the Company and Unions and such amendments shall be agreed te in wring, signed by the Company
‘nd Unions and! incorporated into this CBA.
The provisions of this CBA shell epply to all beaterers (hereinafter referred to as “Employees") excepting those
employed on an alternative wade union agreement, embarked in the name and on behalf of the Afiliated
Companies on board the Company's ships or those of Camival plc, tading as P&O Cruises, Austalla 15 Mount
‘Street, North Sydney’ NSW 2060
The Company recognizes the Unions 68 1he Sol6 and exclusive collective bargaining representatives of Employees
covered by this CBA. Company shall pay all applicable required fees and contritutions to the Unions on behalf
of the Employees covered by this CBA In accordance with the terms of the relevant organization.
ARTICLE 1
Defined Terms
‘As used herein the following definitions shall apply.
“CBA” shall mean this Collective Bargaining Agreement which is fully incorporated Into and is made a part of the
Employee's Agreement,
“Agreement” shall mesnithe Employee's individual terms af employment with the Company as set forth inthe Princess
‘Cruise Lines Lid Employment Agreement to which this C&A Is attached. in the event of any inconsistency oF
conflict between the Agreement and the CBA, the CBA shall control
“Aifilated Companies” shall mean and include all legally releted entities, including without limitation, Camivel
‘Corporation, Camival plc, and any of thelr brands
“Company” shall mean Princess Cruise Lines Lid, 2 Bermuda Company,
“Companies” shal mean the Company and Afflited Companies: and shall include all employees, directors and
‘officers of Companies, vessels owned or operated by Companies, and shipboard officers, crew, medical staff
‘and all ther personnel employed in ary capacity on such vessels,
layee" shall mean the Individual named in the Agreement, and the provisions of such Agreement and of this
‘CBA shall be binding upon the Employee's heirs, successors and personal representatives
“Normal Scheduled Tarm Onboard!" shall mean the period of tine which the Company has scheduled the Employee
to:work aboard a particular vessel pursuant to the Agreement.
“Parties” shall mean Employees covered by this CBA with the Unions and Companies.
ARTICLE 2
Vessel Assignment
‘The Company reserves the right to transfer Employee te any Company vessel, or any vessel covered under Its
manning agreements, and Employee agrees to provide services while onboard any vessel to which helshe may
be appointed
PRO 2 Employmont Agreement « QLOLIT ARTICLE 3
Duration and Termination of Agreement
AL DURATION: Uniess otherwige lave. Qovernmeni-manciated contract of this CBA, theee terns become
ttfective the day tne Emplovee i afadied ohio the ships crow ict up to and including the day wien the Employee
is shown on the crew Est as disemibarking, oF the employment ielauanship Is otheriise terminated, as provided
{or elsenhere in this Agreement 2
B. TERMINATION UPON NOTICE: Notwihstanding any other provision contained herein, Employae's employment
with the Company is terrninable Ismediately at the wil of ether the Company or the employee, with or without
couse, upon $0 days wren notice and the Unions will be notifed end given an opportunay 19 review the eae if
this notice Is exareieed by Company: In cases where Employae provides 30 days notice, Company has the fight
to replace Emplayee at any time during the 30 days and will be responsible to pay wages only through the last
day Employes actully works,
©, TERMINATION WITHOUT NOTICE: in the evant Employee breaches any term of this CBA or violates any rule,
regulation or policy of the Company, including but not limited to those acts of Gross Misconduct listed in the
Company Cade of Conduct (Annex I hereto), the Company may terminate Employee's Agreement wehout notice.
The Company also has the right to terminate Employee's Agreement without notice Immediately upon the
Employees unscheduled disembarkation from the assigned vessel for ary reason, including lout not limited to
personal leave, fines. inury. oF incapacity, for more than 24 continuous hours,
D. TERMINATION WITHOUT NOTICE BUT WITH WAGES: Employee may terminate Employees Agreement without
natice oF penalty i the ship in which heighe Ie serving t) Is datained for non-compliance with ary of the provisions.
‘of SOLAS, the Load Line Convention, the STCW Convention, MARPOL, or the Martime Labour Convention and
tomains so detained for 20 cays: (2) Is arrested and resins undler arrest for 30 days; (9) about to sel into &
‘warlike area as defined by the ships insurers and Employee dees nok consent to go; oF (3) Employer is not able:
‘o full ts legal or contractual obligation to Employes as a result of insolvency, sala of ship, or similar cause: in
addon, the Company may terminate the Employee's Agreement without notice Ifthe ship has been laid up for 2
‘continuous period of 30 days, is sold cr is lost. For terminations under this Section D, Employee Is entitled to wo:
‘months wages at the rate of histher basic rated pay and to the amount of paid leave accrued, If any, during his!
hher period et service onboard to the date of termination.
— TERMINATION UPON DESERTION: Empioyne’s employment ceases immediately if heishe desers the vessel
Desertion is defined s faling to join the vessel as scheduled, leaving the vessel without permission, andior
{ailing to sail with the wessel upon eny scheduled departure. I! Employes fals to report to the assigned vessel a2
“scheduled, no wages or other benefits shell be due from the Company. it deserten accurs after being entered
conto the vessel crew list, the date of desertion will be taken 36 the date of cessation of employment. in any such
‘case, the Employee shal indemnity the Company in evary respect against loss, damage, expense, fine and death
‘or disabity claims or any other claims arising as a resuit of relating to or connected with such desertion.
F. TERMINATION FOR UNFITNESS: In the event the Company determines in ts sole discretion, that Employee is or
has become unable or unfit to perform all the usual work in the postion far which he/she was hired due in whole
‘oF part to illness. injury or incapacity, Employee's Agreement shall automatically terminate,
G. TERMINATION UPON RETIREMENT: The Company has-established « retirement age of 65, Employee agrees that
Employee's Agreement shall automatically terminate at the end of the Normal Scheduled Tesm en Board during
which the Employes tums 65.
PRO fmpoyren Pajesrone O47 ARTICLE 4
Hours Worked, Wages, Overtime and Other Pay
‘A, HOURS WORKED: Working on ship offen Involves working langthy work hours 7 days 2 week. To compensate
for this Employees are given.extencod peticds of caus benwecn Agreemantg, = ve.
B, RECORDING OF HOURS: Employee Is responsible for recording each day thelr hours of werk and rest. The
‘Company relies upon each Employee to accurately report and varity In writing of electronically all hours worked
andior rested during each month, and Employee agrees to be rasponsibie for ensuring the accuracy of any
time records heishe signs anclor approves. The Employee's written submission er electronic approval of histher
hours: shall be deemed an admission by Employee of the accuracy of the hours recorded andlor approved and
@ waiver of eny right to claim compensation for hours in excess of those recorded andlor approved.
©, WAGE DETAILS: Employee hereby accepts employment with the Company In consideration for the Guaranteed
Monthly Wage (inclusive of overtime) and other eligibilties lf any as set forth in the Agreement and in this Article
4 Other than as specified in such terms, the Company makes no promise, guarantee or commitment, and
Employee agreas hefshe does nat expect or rely upon payment by tha Company af any compensation beyend
‘the Guaranteed Monthly Wage,
1. GUARANTEED MONTHLY WAGE: Employees recelve aGuaranteed Monthly Wage for each calendar month worked
Except as otherwise specified herein this Guaranteed Monthly Wage inchides allthe compensaticn Employee rll
receive for all hours worked including, without limitation, overtime hours and for working on Saturdays, Sundays
and Bermuda public holidays, whether locally, nationally or Internationally observed. k may also include all or
8 postion of sny amount the Employee Is eligible to receve from any gratuity pool iif applicable to Employee's
osttion as noted in the Agreement). Employee's Guaranteed Monthly Wage I5 6 partislly consolidated monthly
wage and already includes payment for overtime hours up to e totel of either 330 or 390 hours per month
(Gepending on position), 2s well as pay for travel days and annual leave as Indicated on the signature page of
this Agreement, The calculation of the Guaranteed Momihly Wage is nether increased nor decreased based an
the specific itinerary of any vessel. time:zone changes experienced by the vessal, or whether the vessel crosses,
International date lines.
€. EXCESS OVERTIME HOURS: tis the intention and strict policy of the Company to pay'all Employees for all hours
worked. is understond and agreed that Employee is not guaranteed and does not have any right to wark or
to be assigned to work excess overtime hours. All hours worked for which excess overtime is claimed must be
authorized In advance ef working such hours, Employee is entitled to recelve payment for excess overtime hours
worked as follows:
1. For"890 hour’ Employees, excess avertime haurs sre patd in-addltion to the Guaranteed Monthly Wage when
the Company's records show that the total hours actually worked during the month exceed elewen fi) hours
‘per day multiplied by the total days worked in the month. Thus, for example. all hours worked In. thirty (30)
‘day month in excess of three hundred and thiny (330) hours are compensated at the ecess overtime hourly
rate specified in Employee's Agreement. For periods worked of less than ona month, excess overtime: hours
‘are pald when the Company's records show that the total hours actually worked exceed eleven (1) hours per
‘day mutiplied iby tne number of days worked. For example, al hours worked in excess of one hundred and
ten (110) during @ period of ten days onboard during & month would be paid et the excess cvertime hours’
rate,
2. For “380 hour’ Employees, the guaranteed pay for these positions already includes compensation for all
‘anticipated overtime that could be warked, Accorcingly, the Cornpany wil not assign, authories oF approve
‘excess overtime to 390 hour Employees except in exigent circumstances and only f authorized by the vessels
‘Captain, 290 hour Employees acknewledge and agree not ta work, and therefore not to claim compensation
for any excess overtime hours, without express instructions from. the vessels Captain or head of their
department. In the event 0 390 hour Employee Is approved for and required to work excess overtime hours,
excess overtime hours are peid in ecidtion ta the Gusranteed Monthly Wage when the Companys records
show that the total hours actually worked during the month exceed thineen (18) hours per dey muktplled by
the total days worked In the month. Thus, for example, all hours worked in a thirty (20) day month in excess
of three hundied and ninety (280) hours are compensated at tha excess averime hourly rate specified In
Employee's Agreement. For periods worked of less then one month, excess overtime hours are paid when the
Companys records show that the total hours actually worked exceed thirteen ('3) hours per day multiplied by
the number of days worked. For example, all hours worked In excess of one hundred and thiny 130) during 2
‘Period of ten days onboard during @ month would be paid at the excess overtime hours rate,
PRO + Employment Aggeemart + 080117 |) For“3a0 hour or 390 hour Employees who are approved to and do werk emacs overt excess overtime
wil be paid et the hourly cae seectied i the Ayeement Inthe event ro ale spaced, te ects
‘overtime rete shall be as sat loth in the union approved wage scales, The excess overtime rete bv ell cases
inc ebove 12 tres the hoa eteo! he esc Pay lernerel panty ccrschdeind pay ae oat forh in
‘he wage scales
F, PAYMENT OF WAGES: Except as cthernise provdod or agraed awning, waged accrue Horm and iretuding the
ly te Employee isetzed orto the vessel crew st up to.andeliing tha day en the Empoyen is thew
cn the vessel cr tas cseebarking othe epiryment eatonship is ohorwee taming Wages are paid
‘morthiy nantes fy the fith business doy of the mort lowing the marth which he wages Wve eared
Accéetng tothe Compary/s records ncuclng py or the month nat Employes dsemesks A sermbekaln,
any ual belarce rot pai tbe nent mami pay wl cay a 20% ttn tees par enna unl ald urless
nctrequred pursuant othe provisions of Merchant Shipping Seefrers Wages! Raguatons 218 Comparsation
‘or periods of ass han ane manth is pro‘ated onthe basis ol ener foreach day woke Es
‘epresalyconsois io and auhartes the Copary to arenge fr ins etl dscretin, payment ef wages by
ath, check, negotiable instrument, wie taneks, deat depest oc anyother eettmercialy aval mao ter
{heefcian practical end prompt paymert of wages tan, incsing without Britain, dapost al wages inn
an aceout to secure apayral, debt cr stred value cord or ary ther ecco. orth berattol tie mplejon
43 may be srenged by the Company fom tine ta tne or any eer mathed ot manner of pare agroed In
Veting between Company end Empoywe or set forth nary ether controling gostnmert:mendated contac.
BONUSES, COMMISSIONS and OTHER REMUNERATION: From tre toma te Company may estebish other
Frograms ining monetary or ther benefis above or apart trom thase spectied ints CBA including
abot Iintaion bonuses, commissions incenties vice charges andthe Ike. Employes understands and
‘crocs that ary such progeam or benefits atthe scle dscretion of the Compery, wih or wither nace, 2 ta
eaton implementation emtiernert. erount, ring fom, continuation andi elminaton Employee therefore
understands end ates tht no such program oy benef forms a equted prt ofthe cartactual wages ot rool
hates payable urder this CBA. Compary malas na promise Nhatsoeee thal Employee orshallbeelghle fr
‘any program ex banat deserbd in is Section.
H. VISAS: The Compary shal refnburse the cos of necassary vas onc the seaerer Is emeleyed 80 long #8
Employee presonts 2a rghal eceizt un ring hisher nev! ship. The Company does nt ebmburge any
‘@penses essocaied wih sacunng necessary vees, rsuccessu vise eprications, or vsas required foroptonal
acts such as shore eave.
SICK WAGES: Where the Companys ciate to py any ages the result Ernpayoe bing ck or red,
Such sich weges shel be ped atte rate ofthe Gusranied Morty Wage and chal ot Includs eny cher
‘components
1 WAGE GRIEVANCE PROCEDURE Emcioyee waves ary claim for wages or compensation of any kind uless
Employee frst prcvides wntien nate pursusnt ti the foloning greweroe- procede wih enw hunched
ghty 060) doy ater tho date on which Employen receves ls Or her wages oF other cortpensaton that
are n dispute. Any wage gerance noice stall be sent by certfed mall to Department,
Frincess Crise Uns Lid. Par La ll Poot Par La Wie Rood, Hamiker Bermuda HM Jk Such writen
oes must spacty the exact amount of wages or other compensation clained t be owed the spectid
Pato fav wich sad emounls ave chimed t be omed, the date on which tha Employes alagss thatthe
Company was requied to pay the wages cr ther employee comeneaton, end tha basis for the cain,
‘Timely and propery somite cise wll be edjclcated by the Compery if the Employee does ratdspute the
Getermintion reachdin this gievence process mtn thirty (3 deye othe determination, then the determination
shall be fal nc tindng fhe Employes deses io dspure the Companys deternation thon he Emeoyee
‘rust imaly pursue his cr her clan treugh artreton bolts the Compen’s determination bacores tl and
‘indng The provedures for such erbiratio shal be as st forth ntl 4 here
Engler igeanon ooenuT ARTICLE 5
Service in Case of Emergency; Safety and Security
of the Vessel
Employée agiees to werk ary hauls necessary in case of emevgancy directly affecting the immediate safety or
secutlty of the vessel, passengers and crew, of which the Captain shall be the sole judge, or for safety or onboard
ellis and courses, or to perform work required to give essistonce to othar vassels or persons in immediste pert,
Employee agrees to wear the safety clathinglequiment supplied by the Companyfvessel endior as instructed
by the Companyivessel When so required by the Company. Employee will undertake taining and take any
necessary exeminstions to obtain required certiticates and undertake any other tralning for safety or job-related
qualifications which may be required by the Company. Employee agrees to aitend all solety and emergency
cls, ain in the use of firefighting end lfeseving equipment, evacuation procedures, vessel searches, men
‘overboard procedures, etc. at intervals to be determined by the vessels Captain, Cificare and those acting on
‘theirinstruction in accordance with applicable law and regulatory requirements.
‘Whenever Employes is Involved in an accident, sustains injuries, or becomes aware of any accidents, or injuries:
to-another employee or passenger or becomes aware of or witnesses any condition aboard the vessel that may
beunsafe, Employee shall immediately report to his-or hor supensor or the vessel's Safety or Security Otficer ary
‘such occurrence or condition. Emplayee acknowledges that failure to report an accident injuries or dangerous:
‘conditions could prejudice Company's. abilty to properly Investigate and document the accident, pay proper
‘compensation if due and correct a deficiency. if one exists,
ARTICLE 6
Repatriation Expenses
A. WHEN REPATRIATION 1S PAID: Repatriation shall be provided as sat forth in this Article to the home airport
designated by the Company for each Sealarer (Repatiiation Aiport’ Unless agreed otherwise in writing.
transportation expenses Incurred for repatriation from the vessel back to the Repatriation Alrport designated by
the Company at the end of Employee's employment are met by the Company, in a manner and method to be
determined in the sole discretion of the Company, If;
1, Employee completes his or her Normal Scheduled Term Onboard;
2 Company terminates Employee's employment on medical or unfitness grounds or disembarks Employee for
shoreside medical treatment,
3. Employee's employment is terminated in accordance with the provisions of Article 38 or 10;
4, Company or Employee terminates the Employee's employment bacause the vessel is headed to a bana fide
‘war zone; or
5. Employee terminates pursuant to the Company's Compassionate Leave Policy.
B. WHEN REPATRIATION I$ NOT PAID: Employees will bo and agree to be responsibie for their own repatriation
-costs, Including but not limited to airfare, and may be precluded from future employment with the Company it
4, Employee is terminated for Gross Misconduct or Incompetence;
2. Employee requests ‘own we" disembarkation before compiating thelr Normal Scheduled Term Onboarck or
3, Employee desens hisiher employment
Inthe case of an Employee who is dismissed from employment on the grounds of Gross Misconduct as set forth
in Annex | of this Agreement, should the Employee fall or refuse to pay for hisfher own repatriation, Employee
‘agrees hishher last payment of wages will be less the amount of such repatriation expenses up te the amount
‘of one month's Guaranteed Monthly Wage.
PaO « Empioyrnert Agreernors * OR04T ©. PROBATIONARY PERIOD: For Empiove0s saling on thor fret employment jssignment vith the Company, Net
the aprace (at tho mitt 60 saya on Dour shal be Corukieied os'a pcteetenory pea Empioyone woe
Employment to lrrinetod by fe Company during the prabetlonsry stiod era nities to rapovatien expences
ercl wagec ural tes cnc of eigsng atl the ciow hee ps tf Gaya fr hou oF netieg unioce the ENpaoyese
Smaloyttent fo towed for Cron Mlsconclact Emeityes greet tbe resiarcii for paying later own
Topol buon terpenes #tsrmarened by Company amg a bjocalermy paren lor Gress Miecoranek otf te
Employoe terhinates his own employ ether than tr proven Foottcal noce'sany or wit auhctore Rowee,
D. ALTERATIONS OR DEVIATIONS PROHIBITED: Employees traveling on a Company Issued tickat for both join
‘nd leaving a vessel sre not permted to sexe ehoratons or Gevinons ram sa fight schmcis 8th fo
[Before ar during the Itinerary. under any circumstances. Additional costa Involved in ths joining or repstration of
i Employes, where the Employees actions ray have caused the Company fo rabook Aghia art bo borne
ARTICLE 7
Health Requirements
efor commencing ernployment on a Company vestel Eimployes agrees <0 accurstely ad fly complete 0
Company medical fitness questionnaire and submit ta and pass & physica! examination in accordance with the
Company medical standards by an independent medical Goctar accepuabie to tre Cormpary,ae evidenced by 2
Scotarers medical fess Sonitcane ne oun sesepantie ta tre Cormpory wall forthe Suroton of smaloyrnant
Non-dsscionure or falsiyng craton on a medical fiwess seria fo syourds toe ctsopanary action, us
Sd including dlecherga from the veoeal and fmey also eonattue grounds foe danial ol haa acters. mecical
Geatn, conrectual sncicr ery other behets. A completed Hosifh Oasiaraton le required for al Jong crow.
Empbyees witraut the appropriate documentation may fe prevented tom janng a vorsel Unt such ame
Emeloyoe i shored onto m vessel Cow lst io commance mek snd produces a-vakd madieal fines sereate,
Sry after of eonployrert ts conaidered candonsl Employes ngrose to be vaceimsted or tao any omer hoalth
Precautions ac may be toquired by the Comparty of the hes euthorties of the courares wisked by the vensol
[Sha tofure to Coneply wit iia rocusarart may Yosuart tre eval or termanaon of employment
ARTICLE 8
Health, Accident and Death Benefits
A. GENERAL. The Company provides & physician andlor nurse onbeartd to assist with medical nods anc
Smegencies: Company Goes not provide medical care, mambursement or any sélated benefits for Ie) preensting
‘conditions, Incliding those that manifested prior to sgning te Agrecmont or being entered onte the vessel
‘Grew Est (2) medical care for Incurabia or permanent conditions: (c) maintenance medications or monitoring for
Chronic Condinions; (d) conditions caused by the Employos’s wilful misconduct including, without limRation, the
Short or lang term eflects of intoxication or Crug ues, and sexuaily:transmitved diseases: (@) conditions thet were
not disciosod oF wore consealed or misrepresented to the Company: or (N) conditions arising after the Employee
fe repauiated.
MEDICAL BENEFTT, The provisions of thie Article apply except fo the extent modified by any other controling
government.nandated contact governing the Emplayos's employment. An Employes whe requies magical
‘Gare for injury oF lines dunng the period trom the date he/she Is ertered on the vessol craw lst to the date
toinen haf she is repatriated chall, except as otherwise praviced herein, be entilied to curative mesial trestment
Ginslucing hospitalization) at the Campanys expanse untill the sick or injured Employee has recoworad, oF until ant
sickness of incapacty har baen auubished to be of a permanent nature or until the seatarer fs able to clair
medical benotts available to him/her under a scheme of compulsory sickness insurance, accident insurance:
Grather schame available in hisiher country ef domiaiie, whichever comes: frst an Employee disembarked for
Such medical ‘easone wil receive elthar food and lodging similar to that provided enboard, or USSIZ00 daily
sllorance, at the Company's discretion until the Employea returns to histher country of domicile or tor 19 weeks
2341
PRO + [Emtoprent Agreerant “ O8GH from the date cf injury or the commencement ct the iness, whichover Is earlier, Employees are Not entitled to
any food o¢ lodging or daily allowance after they havo boen repatiatod. Employes must subenit vail! morical
reports of cordinuing curative treatment from their twpating doctor at feast menthiy oF Maro frequently # dectod
by the Company. Medical reports. should be submitted te the Company at Princoss Crulte Lines Lid, Health
Senices Department. 22200 Mogic Mountain Parkway, Santa Clarita, CA 91388, Employee further hereby oc
to authorize the Unions. the Company oF the Company's dlaskanateal representatives, n the evant of arnt
Bllagatio® of infy cr tineds to obtain an recoae aX niedica ar Amptoyinent laeote, sheRuding witout Wr
treatment examination, billing personnel les andlor Any fine al cthor information in orcter te properly investigate
the cause, estent andio* treatment of the Incident or lines anctlar te evalunte the damages sustolned, any Al
medical care provided at the Company's axponse, the provision of or allowance far food and lodging. and any
Sick wages due shall be subject to the following conditions: a) tho Employee shal comply wah all Instructions of
the Compony, is representatives or the manning agent ai tho port whore hase Is lanced subject to medical
approval and b) the Employee shall report upon arrival at hisMhar homo to the Compary, ts tapresentatives othe
‘manning agent as soon as possible; and (¢) the Company will only reimburss medical casts that are reasonable,
necessary and customary for the core rendered. Additionally. Employee. agrees ta ba examined. atthe Companys
expense, by doctors designated by the Company In specialties relavant to any medical clai¢ Exnployeo makes
end to submit to an examination under oath, including producing oll relevant documents requesied by the
compony before such examinstion, Failure by Employeo to submit madicel records and reports at least monthly,
to sign any requested medical records release, to arpear for any requostad medical examination, of failute to
submI to an examination under oath within 15 days affor request of same shall constitute wll misconduct on
the part of Employee and shall constitute a breach of this CBA by Employee ond a walver for any claim for further
medical benefits
‘SICK WAGES: Where an Employee Is unable to work due to an injury oF lines for which the Company is liable to
(pay the costs of medical care as provided above in Article B(B), the Company shall pay sick wages rom the date
‘ofthe injury or commencement of the fliness untl the Employee Is recovered, until any sickness or Incapacity has
been established to be of = permanent nature, or until 16 weeks from the data of commencemont af the lines
‘or date of the injury, whichever cores fst
BD. DEATH BENEFIT. Except as otherwise provided in ary other convrolling gowernmeni-mandated contract governing
the Employee's employment, if an Employee dias as ¢ result of an accident during the period of emplayment
during which these Terms ara applicable under Aricle SA) (out excluding death occurring, In whole or part tram
the Employees negligence, wilful misconduct, suicide or presumed suicide, natutal causes, disobedience of
‘orders or instructions from superior officers or management, ery breach of the Code of Conduct. or accidents
‘eccurting during non Company assigned activities off the vessel), the sum of USD 860000 is payable to the next-
colin registered with the Company plus USD $7000 to each natural or legally adapted child of the Employee who
fs under the age of 21 at the time of the Employees death, subject to a maximum of 4 children (Death Beret). In
the event the deceased leaves more: than four () children who otherwise quality for a USD $7000 payment. then
each such child will receive from the Company a quotient equal to USD $28,000 divided by the total number of
such children. If an Employee dles as a result of en accident caused by the Employee's own nagigence, suicide
F presumed suicide, or natural causes during the period of employment, the sum cf $5000 is payable to the
ext-of-kin registered with the Company. These Death Benefits are volumary payments made by the Gempany to
Employee's next of kin. In the event Employee's next of kin or ather legal representative pursues any legal claim
‘or action against the Company relating 10 or arising fram Employee's death, such voluntary payment shall bo
waived or, if already made, shall be a setolf against ny amount otherwise judged to be owod by the Company.
E, BURIAL EXPENSE: In cases where a death occurs during the [period of this Agreement, the Company will pay th
ceseantial costs of burial and a sum of $1009 toward local funeral expenses.
F._ DISABILITY BENEFIT, Except as otherwise provided in any ether controling collective bargaining agresment or
gowernment-mandated contract governing the Employae'’s employment. an Employee who suffers injury as &
result of an accident during the period of employment under these Terms as set forthin Article 3 (A) (but excluding
injury eecurring, in whole or part, from the Employee's negligence, wilful misconduct attempted suicide, natural
causes. disobedience of orders or instructions from superior officers or managernert. any breach of the Code
ot Conduct, or accidents occurring during non Campary assigned activites off the vessel) and whose abiity
10 work is permanently reduced a a resbit thereof, shall be eligible for carmpensation for permanent disablity
(Oisabity Benefir), The amount the Company will pay asa Disebilliy Beneft shall be determined by the degree
of permanent disabilty as determined by 2 doctor appointed by the Compeny. if e dactor appointed By the
Employee disagrees with the assessment, a third doctor may be agreed jointly between the Company and the
Employee, of by the two appointed doctors. if the Company and Employee cannot agree on a third doctor, the
PRO « Employment Agreement “O80U? Parties agree that the percentage degree of permonent disability shall be calculated as the mean aver
the findings of (i) the Company eppolnted doctor and (ji) the Employee appointed doctor (the "Final Teen
‘The third doctor or If na agreement, the Final Percentage shall be final end binding on beth the Company and
the Employee, Based upon the degree of permanent disabilty, compansstion will ba paid by the Company to the
Employee, in exchange for the Employee's signing a {ull roleace af the Company and its veaanis, offisers, stoff ard
few from all claims whatsoever arising frOm ot-feloted to the injury, corospunding te the degree cf permenent
isabsty 2s-set out in the table below:
Percent Degree of US Dalles Payment
Permanent Disablty (4) To Employoo
100% 850000,
i 37500
50% #25000
25% 12500
10% 36000
Compensation for disabilties based on percentages assessed between the above catagories, including lese
than 10% disability, shall be the product of the percent of cisabiity times USD £50000, Employee's acceptance:
of the Disability Baneft shall be deemed as a complete walver of any other claim or right the Employes may
have against the Company. Employee shall have the right to walve payment of the Disabiity Benefit i he or she
wishes to pursue other legal remecies ageinst the Company. Any claim for Disability Benefits must be made by
submitting @ demend for payment of the Disability Benefit in writing no later then 150 days aher the eccidectal
Injury or illness giving rise to the claimed disability.
G. MATERNITY BENEFTE In the event that Employee becomes or learns she is pregnant while signed on to the
Crevrlist, Employes must advise the onbosrd medical teamh as son 25 the pregnancy is confirmed. As failure to
do 50 may endanger the heath and well-being of mother and child lack of disclosure may result in disciplinary
action, Employees who are pregnant may remain working onboard a vessel until 4 weeks 2s long as they
fre able (0 maintain their normal job duties and have the approval of the shinboard medical doctor. Any
medical care that can be provided by onboard mecical staf wil be provided wrhout charge. As our ships
generally do not have specialized equipment for prenatal care and our shipboard physicians do not specialize
in obstetrical care, most prenetal care will need to be obtained off of the vessel. The Company will provide
assistance inidentifying care providers but the cost of the care off ofthe ship isthe responsibilty of the Employee:
‘A pregnancy is not considered an injury oF sickness snd Employee is not entitled to maintenance, cure oF sick
pay benefits when signing off due solely to a pregnancy. Company shall pay the costs of repatriation s0 long a8
Employee timely informed the onboard medical team of the pregnancy.
Employees who are repatriated for the birth of a chikd are entitled to six weeks: maternity leawe pay et their
guarameed monthly wage, upon presentstion of the certificate of birth,
Employee advises Company within two years following the birth of her child that she wishes to return to 86a,
she shal be afforded prionty in filing @ suttable vacancy In the same or equevalent positien should such vacancy
be available,
ARTICLE 9
Discipline, Complaints, Duties and Code of Conduct
Employee acknowledges receipt of @ copy of the Company's Code of Conduct (which stipulates certain
circumstances under which Employees msy be disciplined andior their employment terminated), a3 well as
‘Company's Dress Code, Harassment and Non-Retallation Policy, and onboard Complaints Procedure. Employee
agrees at all times to follow and be bound by the Cade of Conduct, Dress Code, Harassment and Non-Retaliation
Pelicy and onboard Complaints Procedure. Employee further agrees to perform all orders and assignments. as
delegated by the vessets Captain andlor authorized Officers or Superaors relating te the Employee's normal
duties Inelucing, but nat limked to, salary and security duties. Employee agrees atl times to cooperate ful in all
investigations of any nature undertaken or requested by the Company, the ship, or its or thelr awners, cperators,
Emoloyrare Agreement » 080817
Peo officers or employees, or any governmental suthoraies, including providing ery requested witness ataternents or
interviews. Employees committing criminal acts, oF acts subjecting them to efi! llablty will Be subject to crirninal
‘or chl prosecution in any appropriate jurisdiction and alee to immediate termination,
Employee scknomledges:and agrees to abide by all corporate policies, whether epecticall elerenced herein or
nok ineluding the Code of Businasa Conduct and Ethics.
miplayee acknowledges.and agrees that the Gompany shall at all imes-retaln the right and the ability to-access
Employees quarters onboard the vessel ta moniter electronic. or ather communications, and to monitor or record
certain areas of the vessel using video survallance or CCTV at the Company's sole discretion.
ARTICLE 10
Illegal or Unauthorized Drugs and Alcohol, Contraband,
Zero Tolerance to Crime
The Company has zero tolerance for the possession, use, purchase, sale, transfer or transportation of any form
of illegal or unauthorized drugs or any type of drug paraphernalia, including prescription druga prescribed to
someone else, as well as rules limiting alcahal consumption and possession. Company alo has 2610 tolerance
for Employees who, while on board oF ashore, operate any machinery or motor vehicle while under the influence
‘of drugs or alcohol. Violation of these drug and alcohol policies constitute wilful and gross misconduct. will result
in Immediate termination of employment, and may result in criminal prosecution in any jurisciction which the ship:
visks andlor the flag state. Company does not provide legal counsel or other assistance to Employees arresied
for these or other criminal offenses. Conviction for criminal offenses, inclucling drug offenses, can result in lengthy
prison sentences or the death penalty in some jurisdictions. The Company reports all suspected serious crimes
{o appropriate shoreside law enforcament agencies and cooperates fully wih them in the prosecution of eny
individual who coments ary criminal offense.
Employee hereby agrees and consents to have the vessels Captains, Oftcers and those acting on their
Instruction, with of withaut notice, seach the Employee, histher beggage andlor personal effects at any location,
and enter and search Employees sccommodstion at any time and 10 58izs any suspected stolen property llegal
‘or uneuthorized drugs elcohol or other contraband Employee further agrees and consents to be tested either
randomly, following eny accident or marine incident, fellowing any breach or suspected breach of the Code of
‘Conduct or othenvise for use of alcohol andlor drug Failure to campy with @ request for any crug or alechal
test or the fallure of such @ test may lead to termination of employment.
ARTICLE 11
Crew's Effects: Loss, Damage, or Abandoned
Employees are encouraged to procure personal effects insurance or comparable protection adequate for their
needs for situations not Covered by the following provision.
In the event of loss or damage to Empioyee's personal property as a result of the wreck, loss. stranding or
abandonment of the vassel, or as a result offre, flooding or colision, Employee shall be entifed to recover fram
the Company reimbursement for actual [ozs up to 2 maximum of USD 83000 por Employee: Except as stipulated
above, Company shall not be lable under any eireumstance for less er damage to Employee's personal property.
Reimbursement for loss: of personal property Is conditioned upon the submission of a written declaration sworn
‘under oath ta be tue by the effected Employee which shall ist any lems lost or damaged and which tributes
‘reasonable value to such tems. Submission of any false or exaggerated clalm for reimbursement shall result in
PRO Employrent Agreement “00047 Immediate termination of employment and all such claims are subject to veiicetion by the Company:in no event
‘shall Company be able In ary amount or sum whatscever for negotiable | rane eens coneren cad
‘or jewelry. k is the Emplayee’s regeensibilty to take thelr belongings with them at the time of disembarkation.
items left behind without confimed shipping errangemerts paid for by Employee vill be donated or destroyed
afer a5 days.
1h cases of death cnboand oi disembarkatl6n GUE (6 Injury oF tines, property lel onbsoacc will be flemdec andl
wth the exception of kems that are perishable or thet are prohibited ar legal to transport, sent to the Employes
fF thelr next of kin,
ARTICLE 12
Personal Information Consent; Confidential and
Proprietary Information; Use and Display of Likeness;
Work for Hire
Employees may netphotogreph or fm ether Compary employees, patsengers, suppliers or vendors without thelr
express permission. No pictures of Company employees, passengers, suppliers or vendors ray be uploaded to
the interet, Including social media sites, without the express approval of all involved. No stil or video cameras
(including camera phones) are to be used In restrooms or anywhere else In the workplace where privacy would
Every Employes consents, 2s part of this CBA, to the use by Company or ts icensces, without iimitatin. of
that Employoe's name, likeness. voice, indicia, county of citizenship andlor residency, along with informazan
‘concerning the Employee's past present or expected work schedule or deployment on tha Campanice’
in marketing or other materials, whether In print electronic, recorded, phetoaraphic, on the Internet or i any
cther form, now or hereafter devised, in ary fashion or for any purpose, absolutely and! taraver, withaut further
compensation.
Employee agrees to provide personal information (contact Information, employment history ste) In enanection
wnat employment with the Company and may alsa provide certain sensitive data thesith, medical condlon,
dietary or religious restrictions or gende!) as well Employee consents and agrees that the Company may 0) keep
Employees personal and sensitive data (2) use Ith he business worldwide in aiccordence with its pewacy and other
polties @ shore it with afflatedhelated companies, retained experts and the company/s claims department and
Ettomeys and (4) transfer it and subject Itto processing woridwide (inckicing within the United States of America)
provided the Companys safeguards are Usedt
Employee may become privy to information of a confidential and proprietary nature including, but net fried to
confidential information about the Cempany/s products, services, pessengers. employees, shipboard accident
(Gr criminal Investigations: énd other internal matters that are not generally known to the public. a8 well as trade
‘secrets, poScies practices or procedures which aro enacted by the Comper, the essigned vessel anciot related
Companies. This information ig canfidential and proprietary to the Company, and! its disclogure to ethers could
“couse the Company ireparabie harm, Employee agroes 10 hold this inforrnatian in strictest confidence and not to
Gireetly or Indirectly ues or disclose any information that halshe acquires during omployment to ar for Employee's
tise oF benetit or that of any outside person or entity Including. but not limited to tha Company's eompattors
vendors, former passengers or any former Employee,or current e=nployeas. oficers or staff without the Company's
Permission except as necessary to full Employee's jab respenelblities on behalf of the Company. Employees are
prohibted from sequiring internet minutes thicugh Use of passenger account Information or use of passenger
Minutes Employee further agrees never to access, possess, copy, disseminate, or use any Information whetsoovar
relating to any employees of former employans except as is necestary to fulll Employee's job respansibitios,
Employee agrees to Use reasonable cate to protect and safeguard any confidenttal Information and keep it
physically secure trom inadvertent dicclorure. When Employees employment with the Company anda, hefshe
Foust refer all confeientialinformaton to the Company. This obligation fo preseme the Campary’s contientiat
informstion splice during Employee's employment and continuss after hisiher employment with the Company
Ende Violation of this policy is: grounds for discipline up to and inchading termination, The Company may also
Peon Employment Agrewment +GE4i7 seek injunctive relist in the Coutts or take cther lagal action against anyone who Mmiseppropriates Its confidential
{x propioty inlermaion or threatens to dows Ne peace eee ne Rie shallerin i fullorce and cent
and shall survive Employee's termination of employmant from the Company.
In consideration fer the Guaranteed Monthly Wag, Employee assigns and transfers to Company its successors
and assigns, absolutely and forever, all right, uti and Interest and copyright throughout the warld in ancl te all
<«-~swork performed by Employes, inventions, idfoas, nak mathacts, dasighs of other intellectual property created by:
Employee turing the term of this CBA,
ARTICLE 13
Internet Use and Social Media Policy
Access to the internet through the Company network andior imemet Café system onboard is a priilage and
‘caries responsibilities reflecting legal and ethical use. Any type of Internet use Such as But not limited to general
browsing, downloads, uploads, and electronic mall must remain professional, respect copyright and fair use
fequirements as instructed by the Company, end must comply with this Internet Use and Social Media Policy,
Policy
While onboard, and even when using personal devices, employees are required to access the Intemet cnly
through the Company systems and mechanisms using hardware and protocols lasued by the Companys
Network Resautces. Employees understand that they will adhere to established protocols to connect to the
Intemet, whether for business oF authorized personal use, via resources provided by the Company ta enable
Internet access.
‘All messages sent and received (including personal messages), and all data and information stored / exchanged
(on the Company's electronic mail system, hardware allowing Internet access, voice mall system, any Company-
Provided equipment or Technology Resources (consisting of all electronic devices, media, peripharal devices
applications, software and means of electranic communications) are Company property regardless of the content
The Company reserves the right in its sole discretion to sccess, mentor and record all such equipment and
Technology Resources at any tine and for any reason, including without limitation computer les, electronic mail
messages volce mail messages, and Intemet browsing history, Employees understand that they have no right
Or expectation of privacy with respect to ary messages or Information created, stored. or otherwise maintained
of transmitted on the Technology Resources,
Notwithstanding the foregoing. Company will not monitor or seek to access any communications made to or
from your personal computer or other electronic device unless necessary for the Safety or seourty of the Vessel
oF any passenger or the protection of Companys equipment or systems. In such event, you will be notified that
your personal computers are being or have been searched unless such notice would violate applicable law or
Jeopardize safety or secunty of persons. the Vessel or the Company's equipment or systems.
‘The Company respects your rloht to participate in online social networks, such as Facebook, Twitter, end YouTube.
(on your perscnal time and in your personal capac: However, any online postings thet mention the Company or
Your Work at the Company must not improperly disclose any information that is not generally known to the public,
6 might otherwise violste any of the policies set ferth In your applicable CBA or inary ether Company policies.
you establish social media groups containing the word "Princess", “Carnival Australi’, of “PEO Crulses, australia’,
then ft must be closed so that passengers and others cannot ready view any content. You must not use a
Company e-mall addrass for ary aniine postings or held yourself out 63 speaking on behalf of the Company
without the Campeny's express authorization in advance. If you mention the Compary oc its business, you should
‘identify thet you are an employee of Princess Crulses and that the views expressed are yours lone and do not
Tepresent the views of the Company. in addition, you must avold any offensive, harassing. or defamatory content
that could have adverse consequences for the Company, yourself o your colsagues. You must respect the
Privacy rights of your co-warkars and abide by our Core Value “We Respect aur Tear’,
Recognize that you are legally liable for anything you exchange, wnte or present online, Employees can be
disciplined by the Company for commentary, deviation from established protocolsiprocesses to connect to the
Internat, content, or images that are defamatory, pornographic, proprietary, harassing, libelous, or that can create
a hostile work environment
PRO 2 Frplayment Agreerneen = 660107 ARTICLE 14
Governing Law, Arbitration, Venue and Resolution of
All Claims, Controversies or Disputes
IMPORTANT ~ THIS ARTICLE LIMITS EMPLOYEES AND COMPANY'S RIGHT TO PURSUE LITIGATION IN COURT
AGAINST EACH OTHER AND AFFECTS IMPORTANT LEGAL RIGHTS. READ IT CAREFULLY, BY ACCEPTING
EMPLOYMENT WITH COMPANY, EMPLOYEE UNDERSTANDS, AGREES TO AND ACCEPTS THE QBLIGATION TO
ARBITRATE ANY DISPUTE AB FURTHER SET FORTH IN THIS ARTICLE 14, THE PARTIES HEREBY KNOWINGLY
‘AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVETO A JURY TRIAL, AND WAIVE ANY RIGHT TO HAVE A
COURT DETERMINE THE ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE,
Aw a rule, any gilovances must ba lodged enboard or directly with the Comper. nthe evant that there Ia no
satisfactory resolution of the Employoo’s grievance, Employoo-can rofor 1 tho Unions tor further support. In the
vant the grievance Is still not resolved, I must be raforrod to arbitration to the oxclusion of any other lagel or
count procecding as bat forth bolow. Access te this grievance process does nat extonc any applicable statute of
litatlons for inlation of an ection.
‘Any ond all Emplayoo Claims of any kind of nature whatsoever shal bo reselved exclusively pureunnt te the terms
Spoeified in this BOctON oF ony contraling gevemmant-mandated contract (including but not limkad to POEA
controcta), i any.
In the absence of another controling government-mandiated contract containing a dispute resolution provision
(ot procedure, the partes intond and agree that every conceivable ciel, demand, dispute. setion. cut, pettian
‘ Controversy cf-ony kind! or nature without ery limitation whatsoever that Employee may bring of assert against
Companies oF that Compsnios may bring or assort against Employee, regardless of where, when or how the
inckdamt or matiers ghingrise to such dispute occurs, are Intemational commercial disputes end shell bereferred
pursuant to the United Nations Convention
on tha Recognition end Enforcomant of Foreign Arbliral Awards (New York 1958), 2 UST. 2517, 330 UNTS. 3
1970 UST. Lexi 118, (tho Conwantion’), to the exclusion of any ether fore. in accordance with the Arbitration Act
1986 of Bermuda (Aybitiation Act?. The Company and Employes hereby further agree that any and all disputes
whatscaver shall bo governed exclusively in all respects by the laws of Bermuda, without regard to principles of
conflicts of law and to the: exclusion of any other law.
‘A. INITIATION OF ARBITRATION. Both Employes and Compary hereby walve personal service of any arbitration
petition or papers and further stpulote thet service of same shall ba deemed effective either unon (a) personal
Service, (6) delivery of papers by Federal Express of other internationally recognized courier Service to either
Employee's address listed in the Agreement or upon Company at Princess Cruise Lines Ltd, Par La Vile Place. 14
Par La Ville Road, Hamiton, Bermuda HM JX, or (c) 10 days after mailing by postage paid first class mall to either
Employee's aeldress listed in the Agreement or upon Company at Princess Cruise Lines Ltd, Par La Vile Place, '4
Par La Vile Rood, Hamilton, Bermudé HM JX
8, APPOINTMENT OF ARBITRATOR, The Parties hereby stipulate to have thelr dispute resolved by a single arbitrator,
‘The arbitrator shall be agreed upcn between the Parties or appointed as set forth below.
1, The party Intlating tho arbitration shall serve © notice to arbitrate end propose an individual to serve es
arbitrator for the proceedings
2 The party responding to the erblration shall have twenty-one (2!) days 10 respond to the notice to arbitrate
and proposed arbhrator. If 9 party fails to timely respond within sald twenty-one (21) day period or falls to
‘maly ebject ta the proposed orbitrater and propose an altemate arbitrator, tha proposed arbitrator shall be
‘appointed arbitrator for the matter, unless such person Is excluded pursuant to other provisions of this CBA.
3. tthe Parties are unable to agree upon the erbitrator, such arbitrator will be appointed by the Appointments
Surminoa ct the Chartered institute of Arbitrators (Bermuda branch) of fang them, by the Supreme Court
we,
4. ‘The Parties stipulate thot (i) the arbitrator must be ether a licensed atomay, solichor or barrister in Bermuda
‘er the Unked Kingdom with at least ten years experlence prectishg law and experience in arblkration In
Bormuda. oF @ former judge in Bermuda or the United Kingdom: enc! (i) that no indlvidual who has ether
represented the Compenies or has represented anyone making ary claim against the Companies in the past
ten {10} years shall be eligible to serve as arbitrator,
P80 2 aula aR Tone ©, ARBITRATION PROCEDURES, Unless otharvrse agreed {In wrting, the following procedures shall apy to the
ablation,
Within twenty-one (2i} days of the eppointment of an arbitrator the claimant will serve its points af claim upon
the respondent.
2, Within twenty-one (20) days thereafter, the respondent shall gerve its defense Ml any) and any counterciain,
3. Within twenty-one (21) days thereafter, the claimant will serve @ Points of Reply to Defense (f necessary) and
1 Points of Defense to Counterclaim (f applicable),
4. The pleadings will be deemed to be closed fourteen (id) days thereafter.
5, Within twenty-one (2!) days thereafter the arbitrator shall hold @ preliminary hearing and set an arbitration
hearing date.
6. The arbitration shell be held in Bermuda, although attendance may be by talephone: or video conference.
Each party shall bear thelr own attorneys fees and costs, except that the arbitrator fees and any feas charged
bythe Chartered instiute of Arbitrators shall be advanced by the Company The arbitration shall be conducted
in English,
7 The Parties shall provide @ copy of all documents which they intend to rely upon during the arbitration
procesdings. to the other Party. within 14 days af the close of pleadings, The parties may make reasonable
fequests for ary further documants which are strictly relevant to the Issues in dispute and necessary for the
proper resolution of those issues, subject to the principle of proportionalty, within 14 days thereafter. The
srbarator chall have power to determina the scope of discovery which shall be lirited to documents, i ether
party 's asserting any claim for personal injury then the perty against whom such claim Is made shall have
the night to have the-clalmant examined by cloctors of thet party's choosing In specialties relevant to any such
claims, and the report of such physiclans shall be admissible ot arbitration. The parties further agree that
each party shall be permitted to seek approval to propound to encther party @ single document produetion
fequast, Seeking na more than 10 specific categories of dacuments that sre material es evidence in the case
The paties shell exchenge wliness statements within 21 deys after the close of pleadings. The stetements
should briefly set out each Party's evidence, where possible by reference to-any supporting documentation.
9, The patties shall serve written submissions within 14 days of the last date provided for the exchange of their
witness steternents or experts’ reports. Reply submissions may be served within e further 14 days. Such
submissions should briefly set out the legal Issues and how they relate to the facts In dispute.
40. The Parties may agree to;conduct the arbitration proceedings on peper only Le. on the exchange of pleadings
‘witness statements, written submissions, and other documentary evidence, without oral hearings. in the event
that the arbittator feels that It is necessary to speak wth the parties, In orcer to ask any questions of them,
such discussions shall be limited to telephone conference calls, or video conferencing, at a convenient time
.when both Parties, and their legal representatives. may be present. Both parties shall have liberty to apply 10
‘the arbitrator for further directions if necessary.
11, Allpleadings, witness statementsand writen submissions, shall be clear and concise, paginated and contain
‘numbered paragraphs.
12. The arbitrator shall produce @ written reasoned eiiard within 28: days after ho receives the Party's written
submissions or reply submissions if ary: The decision of the arbitrator shall be binding with no right of appeal
based on an error of lav'or fact An award rendered by en arbitrator pursuant to this provision may be entered
In ary court having juriscfction under the Canvenven,
43. The arbivator shall possess the discretion to extend any timeframes contained herein, where he considers
appropriate, Further, in relation to claims Involving death or more than 80% disability, or similar large claim,
etther party may require a live hearing.
PRO Employment Agiooment + 06017 D. OTHER PROVISIONS. The arbitrator and not ery Court oF other boy shall have exclusive authority to resolve
ny Gispute relating to the interpretation, aprcabilty, enforcesbilty oF formation of this CBA Including, but not
liked to any claim that oll or any part cf this CBA ts void of voidable, in the event of a determination that this
arbitration provision Is for any reason In Whole oF In part unenforceabe, Employee agrees that Company may
afer, and Employes agrees to accept any stipulation striking or walving any purovision of part of any provision:
that is: deemed to render this arbitration provision Invalid, for the purboze of enforcing the artitration provision.
Il the event any Employee Clalm or partion of any Employee Claim is deemed not subject to arbitration far any
Teason, such dispute shall be Itigetad exclusively in the Supreme Gourt of Bermuda. and the parves submit to the
‘exclusive jurisdietion of the Bormuda Court for this purpose, tothe exclusion of the Courts of any other country.
Sate cy oF region.
ARTICLE 15
Limitation on Representative Actions
Company and Employes agree thst this CBA provides for the exclusive resolution of disputes through inclvidual