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MEMORANDUM OF AGREEMENT

O n the 15 day of the month of April in the year 2011
in Funchal – Madeira (Portugal)
between:
SPANISH CRUISE SERVICES SOCIEDADE UNIPESSOAL L.D.A. represented by Maurizio Campagnoli
and
FIT-CISL – ITF – Foreign Flag Dept. represented by Capt. Remo Di Fiore

the Parties agree:
to sign the following Collective Bargaining Agreement (CBA) for the employees who arenot citizen
neither resident in a Member State of the European Union, embarked in the name and on behalf of the
company “Spanish Cruise Services Sociedade Unipessoal L.D.A.” on board the ships of Grand Celebration
L.D.A., listed in the International Register of Madeira (MAR).

SPANISH CRUISE SERVICES SOCIEDADE UNIPESSOAL L.D.A.

FIT-CISL – ITF – Foreign Flag Dept.

DEFINITIONS
W ithrespect to the comprehensive definition of “seafarer” as “any person who is employed or engaged or
works in any capacity on board a ship to which this Agreement applies”, it has been clarified to cruise ship
operation, that different professional categories of seafarers could have different conditions of employment
provided that those conditions are consistent with the requirements of the FlagState and MLC 2006.
Seafarers working on cruise ships are employed in the following professional categories:


Marine crew – on watch: traditional Deck and Engine personnel assigned to watch duties



Marine crew – daily: traditional Deck and Engine personnel assigned to daily duties



Hotel personnel: employees assigned to onboard services such as food and beverage,
housekeeping,guest services, assistance and sales.

The term “seafarer” is intended to refer to both male and female maritime service personnel.
For the purpose of this Agreement and unless provided otherwise in particular provisions, the term:
a) ship means a ship other than one which navigates exclusively in inland waters or waters within, or
closely adjacent to, sheltered waters or areas where portregulations apply;
b) Shipowner means the owner of the ship or another organization or person, such as the manager,
agent or bare-boat charterer, who has assumed the responsibility for the operation of the ship from
the owner and who, on assuming such responsibility, has agreed to take over the duties and
responsibilities imposed on Shipowners in accordance with this Convention, regardless ofwhether
any other organization or persons fulfill certain of the duties or responsibilities on behalf of the
Shipowner, i.e. GRAND CELEBRATION L.D.A.;
c) Employer means any person or organization who employs or engages one or more seafarers to
perform work onboard the ships of the owner GRAND CELEBRATION L.D.A.;
d) seafarer’s employment agreement (SEA) means the contract of employment and includesthe
articles of agreement;
e) capacity means the position onboard and the work which is to be performed by the seafarer. The
capacity shall be indicated in the SEA. The seafarer can be employed in the following different levels
of capacity:
a. Junior, means the seafarer who is employed in the capacity without previous working
experience;
b. First, means the seafarer who is employed in thecapacity for the first time with the
Employer or after an internal promotion;
c.
f)

Standard, means the seafarer who is employed in the capacity with full working skills and
knowledge of the Shipowner’s and/or Employer’s procedures.

h ours of work means time during which the seafarer is required to do work on account of the ship;

g) h ours of rest means time outside hours of work; thisterm does not include short breaks.

1 .1

1.2

Article 1
APPLICATION
This Collective Bargaining Agreement applies to the seafarers who are neither citizen nor resident in
a Member State of the European Union, embarked in the name and on behalf of the company
Spanish Cruise Services Sociedade Unipessoal L.D.A. (the Employer), on board the ships of
GRAND CELEBRATION L.D.A. (the...
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