It is the intention and strict policy of the Company to pay all crew members for all hours
worked. Details of crew position and individual wages, which will have been received by all
crew members in advance of reporting for employment or signing onto a vessel, are as set
forth in the Acceptance of Employment Terms and Conditions the crew member signs at
or before the time of signing the Crew Agreement. Crew members governed by these
Terms fall into one of the following two categories for purposes of Guaranteed
Consolidated Monthly Wage rate and eligibility (or ineligibility) for excess overtime hours
pay: (1) hourly crew members whose compensation for regular and overtime hours is
based on a guaranty of pay for three hundred thirty (330) hours per thirty (30) day month
(“330 crew members”), and (2) hourly crew members whose compensation for regular
and overtime hours is based on a guaranty of pay for three hundred ninety (390) hours per
thirty (30) day month (“390 crew members”). Details regarding Guaranteed Consolidated
Monthly Wage and overtime hours in excess of those already included in the Guaranteed
Consolidated Monthly wage (hereafter “excess overtime hours”), if any, are as set forth in
the Crew Agreement, in the Acceptance of Employment Terms and Conditions, and in
these Terms, additional copies of which are available on board the vessel upon request.
B. GUARANTEED CONSOLIDATED MONTHLY WAGE
Crew members receive a Guaranteed Consolidated Monthly Wage for each calendar
month worked. Except as specified herein, this Guaranteed Consolidated Monthly Wage
includes all the compensation crew member will receive from the Company for all regular
hours worked including, without limitation, overtime hours and for working on Saturdays,
Sundays and public holidays, whether locally, nationally or internationally observed.
The calculation of the Guaranteed Consolidated Monthly Wage is neither increased nor
decreased based on the specific itinerary of any vessel or whether it crosses international
date lines.
C. EXCESS OVERTIME HOURS
In consideration of the Guaranteed Consolidated Monthly Wage and payment for excess
overtime hours worked (if any), as defined in this section, all 330 crew members agree to
perform all work assigned to them. For 330 crew members, excess overtime hours are
paid in addition to the Guaranteed Consolidated Monthly Wage when the Company’s
records show that the total hours actually worked during the month exceed eleven (11)
hours multiplied by the total days in the month. Thus, for example, all hours worked in a
thirty (30) day month in excess of three hundred and thirty (330) hours are compensated
at the excess overtime hours’ rate. For periods worked of less than one month, excess
overtime hours are paid when the Company’s records show that the total hours actually
worked exceed eleven (11) hours multiplied by the number of days worked. For example,
all hours worked in excess of one hundred and ten (110) during a period of ten days
onboard during a month would be paid at the excess overtime hours’ rate. It is understood
and agreed that a 330 crew member is not entitled nor does he/she have any right to work
or to be assigned to work excess overtime hours, which are assigned at the discretion of
the shipboard management on an “as needed” basis. Therefore, all hours worked for
which excess overtime is claimed must be authorized in advance of working such hours.
In consideration of the monthly wage and, where applicable, the opportunity to participate
in various pools and bonus programs, all 390 crew members agree to perform all work
assigned to them. For 390 crew members, the monthly wage has been calculated and will
be paid by the same method as for 330 crew members, except using thirteen (13)-hour
days in a thirty (30) day month. The guaranteed pay for these positions therefore already
4 PCL 11/07
includes compensation for all hours that could be worked. Accordingly, the Company will
not assign, authorize or approve excess overtime to 390 crew members, and every 390
crew member hereby agrees not to work, and therefore not to claim compensation for,
any excess overtime hours. No hours shall be authorized or worked by 390 crew
members under any circumstances in excess of a total of 390 hours per month, unless and
solely to the extent authorized and directed by the Captain in exigent circumstances.
Hours of work and/or rest shall be recorded for each individual. The Company relies upon
each crew member to accurately report and verify in writing all hours worked and/or rested
on a daily basis and crew member agrees to be responsible for ensuring the accuracy of
any time records he/she signs. The crew member’s written verification of his/her hours
during or at the end of each month shall be deemed an admission by crew member of the
accuracy of the hours recorded and a waiver of any right to claim compensation for unpaid
hours at a later time.
D. PAYMENT OF WAGES
Unless otherwise specified, wages accrue from and including the day the crew member
signs the Crew Agreement onboard, up to and including the day when the crew member
signs off the vessel. Wages are paid monthly in arrears according to the Company’s
records. Compensation for periods of less than one month is pro-rated on the basis of
one/thirtieth for each day worked. The monthly wage paid to each crew member shall be
in accordance with the wages in effect at the time and as set out in each individual crew
member’s letter of appointment and/or Acceptance of Employment Terms and Conditions
setting forth such wages as applicable.
E. DISCRETIONARY HOTEL & DINING CHARGE POOL
Other than as specified in these Terms or the Acceptance of Employment Terms and
Conditions, the Company makes no promise, guarantee or commitment, and crew
member agrees he/she does not expect or anticipate payment by the Company of any
compensation beyond the Minimum Wage Guarantee.
It has been the Company’s experience that passengers often wish to recognize and
reward shipboard staff for working successfully and as a cohesive team to make the cruise
experience enjoyable. Accordingly, during each voyage of each vessel a voluntary
contribution by each passenger will be suggested for that purpose. Passengers are not
obligated to make a contribution or to adhere to the Company’s suggested guidelines for
such a contribution. Nonetheless, to the extent passengers follow the suggested
contribution guidelines in whole or in part, or deliver their contribution to the Company or
directly to any crew member(s), each and every crew member agrees that any such
contribution is not his personal wage, but rather a contribution to the Discretionary Hotel
and Dining Charge Pool (the “Pool”). Each and every crew member also agrees to deliver
any such voluntary passenger contribution he or she receives from any passenger under
any circumstances to the Pool immediately upon receipt of the contribution from the
passenger. Other than as stated below, the Company is in no way liable to make up any
difference between the total of the suggested contributions to the Pool and the actual
contributions for any given vessel voyage. The solicitation of compensation of any kind by
crew members from passengers is strictly prohibited.
A separate Pool of passenger contributions will be collected and maintained by the
Company for each voyage of each vessel for the benefit of crew members eligible to
receive distributions from the Pool, i.e. those working on the vessel voyage associated with
a particular Pool in positions so specified in each crew member’s Acceptance of
Employment Terms & Conditions. Employees who might be eligible to participate in the
Pool include all persons working in any capacity in the Hotel and Food and Beverage
5 PCL 11/07
Departments. Each crew member agrees that the Company reserves and has the
exclusive right to determine, in its sole discretion, the eligibility and number of total crew
members entitled to share in the Pool and the proportionate share applicable to each
position.
Since passenger participation in the Pool for any given vessel voyage is strictly voluntary,
the Company cannot predict and does not guarantee the size of the Pool or the amount of
money any eligible crew member may receive from the Pool for that given voyage. Some
crew members do not receive a fluctuating share of the vessel voyage Pool, although
these crew members do receive a minimum wage guarantee. All crewmembers
understand and agree that such crew members who are not eligible to receive a fluctuating
share of the vessel voyage Pool will nonetheless receive some of their guaranteed monthly
compensation from that Pool on a fixed basis, before the fluctuating share of eligible crew
members is calculated from the remaining balance of the Pool. Each crew member
understands and agrees that the amount which will be distributed to crew members
participating in the Pool on a fixed basis is within the sole discretion of the Company, and
may change from time to time. Each crew member understands and agrees that the funds
in the Pool allocated on a fixed basis to crew members not eligible to participate in the Pool
on a fluctuating basis are not and shall not be deemed wages of the remaining
crewmembers in the Pool under any circumstances.
A crew member who otherwise may be eligible to participate on a fluctuating basis in a
given Pool will not be entitled to Pool participation in the event that the crew member
departs the vessel before the end of the voyage which creates the Pool, either for personal
convenience or because the crew member is in violation of the terms of the Contract of
Employment.
F. WAGE GRIEVANCE PROCEDURE
No claim for wages or employee compensation of any kind against the Company may be
pursued unless crew member first provides written notice pursuant to the following
grievance procedure by certified mail to the Company, addressed in care of Fleet Personnel
Department, Princess Cruise Lines Ltd., Par La Ville Place, 14 Par La Ville Road, Hamilton,
Bermuda HM JX. Crew member hereby agrees to provide such written notice of any claim
or dispute including, without limitation, a dispute as to the record of hours worked or rested,
or the amount of wages or other employee compensation paid, within one hundred eighty
(180) days after the date on which crew member receives his or her wages or other
employee compensation that are in dispute. Crew member hereby acknowledges that
he/she has access to his/her timekeeping records and that such may be obtained by
request to his/her supervisor, Head of Department, or via written request to the Princess
Cruise Lines office address described above. The crew member’s claim must specify the
exact amount of wages or other employee compensation claimed to be owed, the specified
period for which said amounts are claimed to be owed, the date on which the crew member
alleges that the Company was required to pay the wages or other employee compensation,
and the basis for the claim. Crew member further agrees that his/her acceptance of wages
and a pay stub or wage statement for a specified pay period is notice that Company
contends it has paid the crew member all wages or other compensation due.
Timely and properly submitted claims will be adjudicated by the Company’s Vice President of
Fleet Personnel who shall consider, in addition to the crew member’s claim, all available and
relevant data. A written determination (“Determination”) of the crew member’s claim will be
issued within 30 days of the date the claim is received by the Company. The Determination
will specify the reasons for all findings made. If the crew member does not dispute the
Determination reached in this grievance process within thirty (30) days of the date of issuance
of the Determination, then the Determination shall be final and binding on the crew member.
6 PCL 11/07
If the crew member desires to dispute the Company’s Determination, then the crew member
agrees that he/she must pursue his/her claim through arbitration, said arbitration to be
formally initiated within 45 days of the date of issuance of the Determination. The procedures
for such arbitration shall be fully described in the Determination.