Between Viking Catering AG, Schäferweg 20, CH‐4057 Basel (Employer)
and Mr. MONTERO Allan, Bl. 48 Lot 9 Ph1 Windward Hills, Philippines – 4114 Dasmarinas, Cavite (Employee) 1. Employment Employee will be employed as a Chef de Partie on one of our river cruise ships. His/Her duties will be performed on the MS Viking Eir, one of the ships in the Viking fleet. The schedule of work will be drawn up by Employer. Employee is aware that he/she may be transferred to another ship within the Viking fleet during the season. 2. Contract Start and Term This Contract is a fixed‐term contract beginning on 22.07.2021 and ending on 31.12.2021, with no requirement for notice of ter‐ mination. If a cruise is still in progress on the end date, the Contract shall automatically extend to and expire on completion of that cruise. This does not transform the Contract into an open‐ended agreement but only serves to determine the end date. Employee will be informed of the exact start date no later than 7 days before starting work, and will be informed of the exact end date 7 days prior to the end of the season. 3. Notice Period This Contract may be terminated with effect to any given day observing a notice period of 1 month. If Employee leaves his/her post without complying with the notice period, he/she will be charged a penalty of 25 % of his/her monthly gross salary. 4. Hours of Work The standard hours of work will be 48 hours per week. Maximum working hours (incl. standby) are 72 hours per week. The average working hours over full contract period shall not exceed 48 hours per week. The daily work schedule will be drawn up by Employer on the basis of the time when the vessel is in use. Consideration will be given to Employee's requests wherever possible. The hours and days of work may vary, depending on other service requirements. Employee expressly agrees to work on Sundays. If necessary due to service requirements, extra hours must be worked where reasonable for Employee, even if this results in overtime. Extra compensation for night shift, Sunday work and work on public holidays is included in the salary. After having worked at night Employee shall compensate such night shift work by taking time off in the amount of 10% of night shift rendered before the end of the contract period. 5. Holidays Employee is entitled to 24 days holiday per calendar year. If the employment begins or ends during a given year and in cases of fixed‐term contracts, the vacation entitlement is calculated on a pro‐rated basis. Holidays will be determined by Employer, who will take Employee's requests into account. 6. Salary Employee will receive a gross salary of € 2900. ‐ per month based on 48 hours within a 6 day working week. In case of additional overtime the overtime hours will be compensated with respective time off. The statutory social security contributions payable in respect of old age, unemployment, occupational benefits insurance (AHV/ALV/BVG (pension plan)), withholding tax (if applicable) and costs for board and accommodation will be deducted from the gross salary as per Swiss regulation in Switzerland. Child benefits will be provided to those entitled, in accordance with the appli‐ cable statutory provisions. The Parties agree that the monthly salary payment slips shall be available to Employee in My Viking HR and that salary payments will be transferred to employee’s designated banking account (in some countries we may execute payments via crewing agency). Recommended service charge that is invoiced to our guest is included in the gross salary. Employee may receive from guest addi‐ tional tips directly, whereas the amount of such tips may vary from month to month. Employee shall be solely responsible for declaring all tips correctly for income tax purposes. The tips are beyond Employer's control and not considered as salary compo‐ nent. 7. Travel Expenses The cost of the first arrival journey in the year will be reimbursed on board upon presentation of receipts. The cost of the last return journey in the year will be reimbursed on board upon completion of the entire season. Any other travel expenses will only be paid upon agreement with Employer.
Viking Cruises ® 2021 ‐1‐
Viking Catering AG 8. Health Insurance Typically, under Swiss law companies are not obliged to provide employees with health insurance. Employer will however bear and directly forward monthly health insurance costs (premium) to health insurance provider. 9. Illness and Accidents Employee shall report any illness or accident to Employer immediately. A medical certificate confirming the illness must be pro‐ vided from the 3rd day of absence; employer may request a medical certificate with effect from the 1st day of absence. Employee reports as well the end of his/her unfitness to work to Employer without delay. Employer shall insure Employee against the economic consequences of an accident. In case of an accident Employer's salary con‐ tinuation obligation is limited to a maximum period of 3 days. The conditions and duration of the insurance policy shall be gov‐ erned by the insurance policy. If the salary continuation insurance refuses to pay in the case of an accident Employer’s salary continuation obligation shall be pursuant to art. 324a CO. In case of sickness the Employer's salary continuation obligation is for the first 7 days per calendar year 100 % of the agreed gross salary, thereafter 80 % until the end of the seasonal contract. The Parties agree to this compensation model in lieu of the salary continuation model provided for by statutory law (art. 324a Abs. 4 OR). 10. Uniform, Grooming and Health Employee must wear the uniform supplied by Viking Catering AG. Employee shall take good care of the uniform. Failure to wear the uniform constitutes grounds for termination of this Contract. The Company’s grooming standards and policies which the Em‐ ployee confirms having taken note of via the self‐serving portal MY Viking HR Jam are part of this agreement and have to be followed by all Viking Employees. Any breach of this policy can lead to disciplinary actions or in severe cases (or repeatedly not followed) to termination of the contract. Every Viking Employee shall take good care of his/her own health and therefore acknowledges and accepts the Viking Cruises alcohol and drug policy which he/she has taken note of via the self‐serving portal MY Viking HR Jam and which form part of this contract. Employee takes note that a serious violation of the company policy, such as intoxication or the use of drugs etc., may result in an immediate dismissal without the need of any prior notice. 11. Confidentiality Employee agrees to observe absolute discretion with regard to his/her work during the term of this Contract. Employee is prohib‐ ited from disclosing the private details of customers, members of company management or any other employee of the company to a third party. 12. Medical Check‐ups Employee must undergo a medical inspection before taking up his/her position. The doctor must confirm that Employee is fit for performing his/her duties under this Agreement. Employee agrees to take/follow reasonable COVID‐19 protection measures at company’s cost. 13. Company Regulations Employee acknowledges and confirms having taken note of following company regulations, provided by the Employer on the self‐ serving portal MY Viking HR Jam: Code of Conduct, Onboard ABC, Social Media Policy All additional policies on MY Viking HR JAM under “HR Policies & Guidelines River” Employer reserves the right to issue further or alter existing regulations from time to time without observing any notice period. 14. Concluding Provisions This Contract is conditional upon (i) a positive medical examination pursuant to art. 12 being passed by Employee, and (ii) Em‐ ployee being granted all permits and licences necessary for performing his/her job duties. This Contract is subject exclusively to the laws of Switzerland under the exclusion of collision law rules. The parties agree as sole place of jurisdiction Basel‐Stadt.