Classica Cruise Line Operator, Ltd

Page 3 of 11 October 15, 2019

Contract of Employment

This is a Contract of Employment (“Contract”) between:

Classica Cruise Operator, Ltd. is the operator of the vessel and pro hac vice owner of the M/V Grand 

Classica with its address at 431 Fairway Drive Deerfield Beach Fl 33441.

Mr. JANICIJEVIC, DRAGAN, 203246, D/O/B 01/07/1976, Birthplace: Serbia and Address: , 

(“crewmember”) and Classica Cruise Operator, Ltd. (“CCO”).

Sign-On Date: 10/12/2019 salary begins on this date. 

Position: Dealers

Monthly basic wage: 1200 plus pooled tips dealers 

Commission: N/A

Gratuity: N/A %

The Company utilizes a point system for distribution of gratuities collected from the passengers. 

Each position receives a number of points. These values of the points will vary based on the 

number of crew on board each cruise.

Service Charge: N/A

Overtime, if applicable: Not Applicable

Visa paid by: CCO

Medicals paid by: Crew Member

The following general conditions shall apply to this Contract:

1. Duration of Contract: The duration of this contract shall be for 8 continuous months of

employment, commencing when the crewmember signs onboard the vessel and terminating when

the crewmember signs off the vessel for any reason. At CCO’s option, the duration of

employment may be plus or minus one (1) month.

2. Travel to the Vessel: The company, will provide transportation from a Port mutually agreed

upon: Serbia.

3. Repatriation: Crewmember shall be entitled to repatriation at CCO’s expense from the vessel

to the port mutually agreed upon subject to the following conditions: Port is to be defined in

which the cost is to be borne by the Company for repatriation, at a minimum, shall include:

Passage to one (1) of the following destinations: 

(i) . Port at which the Employee agreed to and enters into the Employment:

(ii). Other such port as may be mutually agreed upon

a. Upon completion of the contract provided that all of the terms of this contract are fulfilled;

b. If the crewmember’s employment agreement expires while he/she is abroad;

c. In the following cases, the crewmember is entitled to repatriation at CCO’s expense where

the crewmember’s employment agreement is terminated:

(i). In the event of illness or injury or other medical condition which requires the 

crewmember’s repatriation when found medically fit to travel;

(ii). In the event of shipwreck;

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(iii). In the event of the shipowner/operator is not able to continue to fulfill its legal or 

contractual obligations as an employer of the crewmember by reason of insolvency, 

sale of ship, change of ship’s registration or any other similar reason;

(iv). In the event of the ship being bound for a war zone, as defined by national laws 

or regulations or the crewmember’s contract of employment, to which the 

crewmember does not consent to go; and

(v). In the event of termination or interruption of employment in accordance with an 

industrial award or collective agreement, or termination of employment for any other 

similar reason.

However, in the event the crewmember must be repatriated for reasons other than satisfactory 

completion of this contract, medical, or other justified reasons, including those outlined above, 

CCO will seek to recover the expenses of repatriation in accordance with Bahamian law where 

the crewmember is found to be in serious default of the crewmember’s employment obligation 

in the contract. Repatriation for compassionate reasons, at the expense of CCO, where the 

Contract is not terminated by the crewmember or CCO, will be at CCO’s discretion. 

4. Vacation/Leave: Crewmember shall receive annual leave with pay calculated on the basis of a 

minimum of 2,50 Included in Base pay calendar days per month of employment. Justified 

absences from work shall not be considered as annual leave.

5. Ship Sign-On Requirements: In order to sign onto the vessel, you must present the following 

items and/or comply with the following requirements:

a. You must have passed a medical examination and be declared fit for sea duties;

b. You must have disclosed fully all prior accidents, injuries and medical conditions;

c. On arrival, you must be in good health and present the completed medical examination 

certificate including chest x-rays, urine analysis, venereal disease test, blood test (CBC) and 

hernia examination;

d. You must be in possession of a valid passport and C-1/D Visas, whenever necessary, both 

being valid for a minimum of one year.

e. Crewmember must bring both valid passport and valid Visas to sign on ship. 

f. STCW Basic Safety Certificate is required and must be current and valid. 

g. Crewmember must bring originals of all documents required.

h. If it is found that you have any contagious or communicable diseases or physical 

impairment which limits your ability to perform her job is required, or you have failed to 

disclose fully any prior accidents, injuries or medical conditions, including implants, cancer or 

other illnesses, you will not be allowed to join the vessel, or you will be discharge from the 

vessel and you must assume responsibility back to your point of origin.

6. Drug Testing: CCO has instituted a policy of random drug and alcohol tests for all officers 

and crew serving onboard the vessel. CCO’s policy is available for your review upon request. 

Refusal to take a test or failure of any administered test may be grounds for immediate 

termination.

7. Vessel Transfer: CCO reserves the right to transfer the crewmember to any other vessels 

within its fleet.

8. Working Hours: As the hours of work vary from position to position, the established hours, 

duties and working conditions for your position, though not explicitly outlined herein have been 

discussed with you, are fully understood by you, and are agreed by you as prescribed for the job 

for which you have been hired. The maximum hours of work shall not exceed 14 hours in any 24-

hour period and 72 hours in any seven-day period.

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9. Hours of Rest: The minimum hours of rest shall be not less than 10 hours in any 24 hour 

period and 77 hours in any 7 day period. The 10 hour period of rest may be divided into no more 

than two periods, one of which shall be at least 6 hours in length. The intervals between 

consecutive periods of rest shall not exceed 14 hours.

10. Wage Payments: Wage payments will be paid in arrears once at the end of each month. 

Taxes will be withheld, if required. If the crewmember is entitled to maintenance payments, those 

payments will be paid in arrears once at the end of each month until the crewmember reaches 

Maximum Medical Improvement when Seafarer reaches a state where condition cannot be 

improved or when a treatment plateau in Seafarer’s healing process is reached. 

11. Medical Care and Burial Expenses: While the crewmember is aboard the M/V Grand 

Classica, medical care and expenses will be provided as follows:

a. While signed on the ship’s articles, medical coverage for illness, injury, etc., including 

essential dental, will be provided pursuant to the Flag States maritime act. The crewmember 

will receive shipboard medical care, and if appropriate, shoreside medical care, in accordance 

with the applicable law and laws of the flag state of the vessel.

b. The crewmember will receive payments for subsistence room and board (maintenance) if 

shoreside medical care is necessary in accordance with applicable law and the laws of the flag 

state of the vessel.

c. If the crewmember is repatriated home for medical care or returns home for medical care, 

he/she will be entitled to maintenance at $15.00 per day until the crewmember has reached 

Maximum Maintenance Improvement.

d. A crewmember repatriated for medical care must comply with the provisions and 

instructions of the Maintenance & Cure Letter in order to receive maintenance payments.

e. CCO will pay the cost of burial expenses in the case of death occurring on board or shore 

during the period of employment. The burial expenses paid by CCO may be reimbursed by an 

insurance institution in cases in which funeral benefit is payable in respect of the deceased 

crewmembers under laws or regulations relating to social insurance or workers’ compensation. 

f. CCO is exempted from liability to defray the expense of medical care and board and lodging 

and burial expenses in so far as such liability is assumed by the public authorities.

g. The estate of Employee shall be entitled to Death Benefits if Employee dies while 

employed by the Company under this Agreement and in accordance to the MLC.

12. Exclusions regarding Medical care: Notwithstanding the foregoing, CCO shall not be 

required to provide Maintenance and Cure or Medical Unearned Wages to Employee under any 

of the following circumstances or for the indicated treatments, as the case may be:

a. Illness, injury, or death, which occurs while crewmember is off contract; 

b. Illness, injury, or death resulting from Employee’s, drug, substance or alcohol use;

c. Any sexually transmitted diseases, including, but not limited to, HIV or AIDS;

d. Illness contracted or injury occurring prior to the commencement of this Agreement; 

e. Eye examinations or visual aids;

f. Any illness or injury not disclosed in connection with any medical history or medical 

questionnaire responses provided to the Company, including any medical conditions.

g. Pregnancy, except as outlined in Par. 15 – Maternity.

h. Any diagnosed permanent condition or incurable disease 

i. Any other exclusions or limitations with respect to Maintenance and Cure or Medical 

Unearned Wages to which the Company is entitled as a matter of law.

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13. Medical Records Authorization: Crewmember hereby expressly waives all physician/patient 

confidentiality and hereby specifically authorizes any physician, hospital, physical therapist, 

psychologist, psychiatrist and any other healthcare provider of any nature whatsoever who has 

provided care to crewmember to release to any authorized representative of CCO in the medical 

record, chart, note, report, test results, or any other document regarding the care and treatment of 

the crewmember. The crewmember further authorizes any health care provider to discuss his or 

her care, treatment and prognosis with any authorized representative of CCO.

14. Maternity: The limited nature of shipboard medical facilities makes it impossible to properly 

address prenatal care or any potential complications or emergencies that may arise during a 

pregnancy at sea. Consequently, pregnant crewmembers may not remain employed on board the 

vessel during the final twelve weeks of pregnancy under any circumstances. Pregnant 

crewmembers who are interested in continuing to be employed in their positions in spite of the 

health risks, may do so only during the first 28 weeks of their pregnancy and only under the 

following circumstances:

a. The pregnant crewmember must pay for the cost of childbirth and any and all associated 

pregnancy related services and expenses required during the pregnancy;

b. The pregnant crewmember must obtain the consultation of a licensed Shoreside 

Obstetrician/Gynecologist (OB/GYN) at one of the ship’s ports of call, at the earliest possible 

opportunity;

c. The pregnant crewmember must notify the ship’s physician as soon as the crewmember 

becomes aware that she is pregnant and must obtain from the ship’s physician the forms to be 

completed by the crewmember and her Shoreside OB/GYN;

d. After taking into consideration the crewmember’s medical history, shipboard life, job 

description, and any special circumstances, the crewmember’s Shoreside OB/GYN must agree 

to continue to treat the crewmember and must grant the crewmember medical permission to 

sail for a specific period of time;

e. The pregnant crewmember must continue to be able to perform the essential functions of 

her job without endangering her health and safety;

If, at anytime, the crewmember fails to fulfill any of the circumstances in items a. 1-5, above 

or has met the maximum number of weeks, then the crewmember must sign off the vessel. 

Upon sign-off, CCO will provide the pregnant crewmember with an air ticket home and one 

(1) Month Basic Wage. Any absence from work for maternity will be counted as part of the 

period of service and will not be counted as part for annual leave with pay.

15. Compensation for Ship’s Loss or Foundering: If the crewmember becomes unemployed 

due to the ship’s loss or foundering, CCO will provide compensation up to two (2) months wages 

or until the crewmember finds suitable employment, whichever occurs first.

16. Extension of Contract: If, for any reason, the crewmember does not sign off the vessel at the 

end of the term of employment as per paragraph (1), the terms and conditions of this contract will 

continue to apply as long as the crewmember remains onboard. Subject to seafarers agreement.

17. Working Uniforms: CCO will provide company logo or uniforms, at its option. If the 

crewmember is only provided with the company logo then the crewmember must provide an 

appropriate uniform. All other items will be provided by the crewmember. Upon signing on to the 

vessel these items will be explained to you. Personal items will be cleaned at minimal cost.

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18. Compliance with Rules and Regulations/Fluency in English: You must comply with all rules, 

regulations and standards of the vessel as well as pertinent maritime laws and regulations. You must 

completely understand and speak English. All conversation while in public areas is to be in the 

English language, no exceptions. Failure to comply with any of the above-mentioned rules, 

regulations, law standards and/or lack of knowledge of the English language, will constitute a breach 

of contract. A breach of contract will result in your being signed off the vessel and repatriated home at 

your own expense. Outstanding wages due may be applied to expenses incurred by the company due 

to your breach of contract.

19. Manning of the Vessel/Early Termination of Contract: Should it become necessary to adjust 

the manning of the vessel or if the crewmember or ship operator terminates the contract early, the 

minimum notice to be given by crewmember or ship operator for early termination of the 

crewmember’s contract shall not be less than 7 days. In accordance with Flag Administration, a notice 

period shorter than the minimum may be given for termination of the crewmember’s contract, 

including termination without notice in exceptional circumstances. Crewmember shall have the 

opportunity to terminate the crewmember’s contract without penalty at a shorter notice or without 

notice for valid compassionate or urgent reasons.

CCO reserves the right to assign the crewmember to a lower grade position if the crewmember 

proves unable or unsuitable to perform in the position recruited or if a position is no longer 

available in the position recruited.

20. Probationary Period: All new and returning Crewmembers are required to serve a 90 - day 

introductory period during their employment with CCO. This introductory period applies to all levels 

of employment. Crewmember may be terminated at any time if his/her job performance is 

unacceptable. If terminated for cause you will not receive vacation pay and may be required to pay for 

your way home including safe guard costs, i.e. airline ticket, transportation etc. This inclusion will 

supersede any and all other employment documents you receive or that are handed out upon your 

joining of the vessel.

21. Termination: Any violation of the ship's rules, regulations or legal requirements, including, 

without limitation, those concerning contraband, smuggling, theft or embezzlement may be punished 

by dismissal without further notice. In addition, the following violations shall be deemed willful 

misconduct and CCO may also terminate this contract, with or without notice, for any violation of the 

ship's rules and regulations or other offenses, including, without limitation, disobedience to any lawful 

command, breach or neglect of duty, fraud, intoxication, scandal, aggression, conviction of a crime, or 

leaving the vessel or duty station without permission, incompetence, insubordination, failure to 

comply with any rules, regulations, policies, guidelines or other standards issued by CCO, 

endangering the Vessel or its Crew or guests, misconduct while aboard or away from the Vessel while 

employed by CCO, violation of any criminal law, or breach of any provision of the Contract. All 

repatriation expenses of the dismissed crewmember and all costs for supplying his relief shall be paid 

for from the dismissed crewmember’s account. CCO’s exercise of its rights to terminate hereunder 

shall be without prejudice to any other remedy to which Employer may be entitled.

The Company shall be entitled to terminate the Employment Contract of a crewmember prior to 

the expiration of his Contract Period in the event of any of the following:

a. upon the total loss of the Ship, or

b. when the Ship has been laid up for a continuous period of at least one (1) month, or

c. upon the sale of the ship, or

d. upon the misconduct of the crewmember giving rise to a lawful entitlement to dismiss.

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CCO shall be entitled to terminate a crewmember’s Employment Contract for any reason at 

CCO’s sole discretion upon payment of two (2) months Basic Pay Severance. No Basic Pay 

Severance is due if the termination is a result of any of the following:

a. the termination is as a result of the expiration of an agreed period of service in the 

Employment Contract; or

b. the termination is as a result of notice given by the Seafarer as aforesaid; or

c. the crewmember is lawfully and properly dismissed by CCO as a consequence of 

the crewmember’s own misconduct, such as but not limited to, violating CCO’s Drug 

and Alcohol Policies, or the Company’s Sexual Harassment Policy.

22. Grievance Procedure: If the crewmember has a complaint or grievance regarding his service 

aboard the vessel, he/she is to make his/her complaint known to the Department head, and if not 

resolved or a conciliated settlement reached, the crewmember may refer the complaint to the 

Hotel Director, and if no resolution or conciliation settlement reached then the crewmember may 

refer the complaint to the Staff Captain. If the Staff Capt. cannot resolve the complaint to the 

satisfaction of the crewmember, he/she may refer the complaint to the Master. If a complaint 

cannot be resolved on board, the matter should be referred ashore to CCO. 

If the crewmember is in any doubt about presenting a complaint and considers that he/she will be 

victimized due to presenting a complaint, the crewmember shall have the right to contact the Flag 

Administrator for guidance or the crewmember may submit the complaint directly to the Flag 

Administrator.

Upon her signing on to the ship, crewmember shall be provided a copy of the on board complaint 

procedures applicable to the ship.

23. Governing Law/Arbitration Clause: This contract is to be governed by the laws of the 

vessel’s flag administration. The courts of the vessels flag administration, shall have exclusive 

jurisdiction over all matters or disputes arising from or relating to this contract, and my 

employment or service aboard the vessel, including claims for breach of contract, personal 

injuries, wrongful death, torts, wages and employment benefits against the vessel, her owners, 

operator, managers, agents, servants or Crewmembers. The parties to this contract acknowledge 

and agree that employment aboard the vessel under this contract constitutes a commercial 

relationship between the parties. The parties further acknowledge and agree that any and all 

disputes arising out of or in connection with this agreement, including any questions as to its 

existence, the validity or termination, or my service aboard the vessel, shall be referred to and 

finally resolved by arbitration pursuant to the Rules of the International Center for Dispute 

Resolution, or in the case of a Philippine national, the Philippines Overseas Employment 

Administration (POEA), which rules are deemed to be incorporated by reference into this clause. 

The number of arbitrators shall be one. The Arbitrator shall be a member of the bar in the location 

determined to be the place of the arbitration proceeding. (or in the case of a Philippine national 

covered by the POEA in Manila, Philippines). I acknowledge and agree that any and all claims 

against my employer, the vessel owner, and/or operator must be arbitrated in the designated 

jurisdiction, to the exclusion of all other jurisdictions. The language of the arbitral proceeding 

shall be English. Each party shall bear its own attorney’s fees and costs. Although CCO shall bear 

the initial cost for filing of the request for arbitration, each only responsible for one half the cost 

of arbitration. I agree to appear for medical examinations by doctors designated by CCO and 

specialties relevant to any claim by me, otherwise the parties agree to waive any and all rights to 

compel information from each other.

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24. Confidentiality: Crewmember and CCO hereby agree to that all information disclosed in

connection with the arbitration shall not be made public or disseminated by any means. Unless

otherwise agreed by the parties in writing, or required by applicable law, the parties, members of

the tribunal and the administrator shall keep confidential all matters relating to the arbitration or

award. Any party discloses information in violation of this provision shall be subject to sanctions,

including but not limited to vacating the arbitration award, monetary sanctions and imposition of

attorney’s fees and costs.

25. Limitation of Claims: Any action for arbitration to recover on any claim whatsoever

including for negligence, unseaworthiness, maintenance, cure, failure to provide prompt, proper

and adequate medical care, wages, personal injury, death, or property damage shall not be

maintainable by crewmember unless initiated within 3 years from the date of the incident

underlying the claim. Crewmember expressly waives all other potentially applicable limitations

period for initiating claims.

26. Compliance with the Maritime Labour Convention 2006: The Grand Classica flagged

vessel, shall comply with The Maritime Labour Convention 2006 and The Flag Administration,

as applicable to the M/V Grand Classica.

27. Severability Clause: In the event that any term or condition of this contract of employment is

found to be invalid, illegal or unenforceable, it shall be deemed severed from the contract and the

remaining terms and conditions shall remain in full force and effect.

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SIGNATURES APPEAR ON PAGE 10 of 11

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Execution of Agreement: By signing this Contract of Employment I confirm that I have read and 

fully understand these terms and conditions, and the Master’s Rules and Regulations which are 

incorporated herein and have been made available for my review, and accept the same, in a 

accordance with the flag state’s regulations, and that I will retain one copy in my possession. It is 

understood that I will not be employed until I have actually signed the ship’s articles.

No oral promises or other agreements have been made to me and that I cannot claim and him not 

entitled to any additional benefits of any kind whatsoever except those provided by this 

agreement. This contract supersedes any oral promises or other agreements that may have been 

made to me and I cannot claim and am not entitled to any additional benefits of any kind 

whatsoever except those provided in this Agreement.

I acknowledge that the information provided in my Crewmember Checklist and Curriculum 

Vitae is true and correct. I understand that during my employment with the Company, I 

shall be subject to immediate dismissal if any of the information that I have given is false or 

misleading or if I have failed to give any information herein requested, regardless of the time 

elapsed after discovery. I further authorize the company to inquire into my education, 

professional and past employment history references as needed to research my qualifications 

for this position.

Further, I acknowledge that I have had the opportunity to review and seek advice regarding 

the terms and conditions contained within this contract and have freely accepted them as 

evidenced by my signature below.

Subject to the terms and conditions hereinafter, I JANICIJEVIC, DRAGAN agree to accept 

employment with CCO onboard the M/V Grand Classica.

Signed by: Date:

_________________ ______________________ 

Crewmember:

________________________

Crewmember signature

Location signed at: __________

Witness/Title Classica Cruise Operator, Ltd

As Operator of the M/V Grand Classica

Authorized Signature

11/05/2019

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