Fake employment contract from Mrs. Mary-Ann Watford Recruitment Manager MSC Cruise Line Australia mscofficeau@gmail.com

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MSC Cruise Liner: Suite 532, 5Lime Street/King Street Wharf Sydney NSW 2000
PO Box4541 Sydney
Website: http://www.msccruise.com.au Email: mscofficeau@gmail.com
PRIVATE AND CONFIDENTIAL
Date: Monday 30th December 2014
Att: <insert name>.
1. EMPLOYMENT CONTRACT AND PERIOD
1.1. We would like to take this opportunity of welcoming you to MSC
Cruise Line International Australia and confirm your employment
with effect from 19th January 2015 in the position of RETAIL
SALES, this letter sets out the terms and conditions of your
employment.
1.2. Your employment with the Company will endure of an indefinite period
unless terminated in accordance with the provisions contained in
paragraph 5 below.
1.3. The Company may in its absolute discretion and from time to time
require you to perform duties which may fall outside of your job title
and/or job description.
1.4. Your contract duration is for 36 months with effect from January 2015,
and you contract can be extend depending on your effort and your
supervisor recommendation.
2. EFFECTIVE DATE
The effective date of this contract is the date of signature hereof, however
should you have been employed by the Company prior to the effective date
and continue to remain in the employ of the Company immediately preceding
the effective date then the applicability of the time periods for calculation of
your holiday leave, will be calculated in accordance with the date you
commenced your employment with the Company in terms of clause 1.1.
Above
3. REMUNERATION
3.1. Your initial basic salary will be AUD $4,700.00 per month, payable with
effect from one month of commencement, and it’s paid on the last day
of each month (or on the previous business day, should the last day fall
on a Sunday or Public holiday)
3.2. In the event that your employment is terminated either by you or by the
Company, you will receive a salary for that month.1
3.3. The Company will be entitled to deduct or set off from your salary any
amounts due by you to the Company, for any reason whatsoever. You
furthermore agree to the deduction in terms of section 34(1) of the Basic
Conditions of Employment Act No. 75 of 1997, as amended.
3.4. In addition to your salary as set out in paragraph 3.1 above you will
receive a cellular telephone allowance of AUD $300.00 per month.
3.5. In addition to you salary as set out in paragraph 3.1 above, you shall be
entitled for a paid flight ticket fee of AUD $ 2,500.00 whenever you
which to visit your family
3.6. In addition to you salary as set out in paragraph 3.1 above, you shall be
entitled for a one bedroom self contain accommodation on our staffs
lodge on the Cruise Linear
3.7. Further, in addition to your salary and cellular telephone allowance you
will be included in the Company’s Incentive Bonus Scheme which will be
given to you on your arrival in Australia.
3.8. The Company shall refund to you any out-of-pocket expenses incurred
by yourself on behalf of the Company which are substantiated by
vouchers and which have been approved by the Company and which are
incurred in accordance with the principles determined by the Company
from time to time.
3.9. In respect of the reimbursement for expenses, you are required to
submit the necessary claim form on or before the 21st day of the month
in order to be reimbursed during that month. A copy of the claim form
together with the expense guide lines is set out in the Human Resources
Policies and Procedures manual.
4. EMPLOYMENT DUTIES
The following conditions of employment apply:
4.1. You will report to your supervisor who will determine your duties and
responsibilities from time to time.
4.2. Your appointment is subject to the conditions set out in the Human
Resources Policies and Procedures manual, as amended from time to
time.
4.3. You must conform to any other regulations, instructions and procedures
that are in force and which may be instituted at the Company’s
discretion.
4.4. You may not accept work from any agencies, nor render your services to
any other company, form or individual, unless permitted to do so in
writing by the company.
4.5. You must be true and faithful to the Company in all dealings and
transactions relating to the business and interest of the Company and to
use your best endeavours to protect and promote the business,
reputation and goodwill of the Company.
4.6. You must devote the whole of your time and attention during Company
working hours and such additional time as the exigencies of Company
business may require, to the business affairs of the Company and to
your duties in terms of your employment with the Company.
4.7. The Company may in its absolute discretion require you:
4.7.1. To perform duties which may fall outside of your job title and/or
job description; or
4.7.2. To accept any other post or rearrangement of duties; or
4.7.3. To perform any other reasonable and lawful additional duties
4.8. In the event of the termination of your employment for any reason
whatsoever, you are obliged to return any Company assets or
equipment in your possession, including any documentation belonging
to the Company.
4.9. Your employment is subject to the disciplinary and grievance procedures
in force, as amended from time to time. The Human Resources Policies
and Procedures manual will be given to you for your information.
4.10. You acknowledge that you shall be obliged to perform subsidiary tasks
in addition to the primary tasks for which you are employed. The
Company however undertakes that these subsidiary job tasks will be
within the training and experience or occupational capabilities of
yourself and that you shall not suffer any loss of remuneration or status
for work performed on subsidiary tasks.
4.11. You undertake to:
4.11.1. Carry out all such functions and duties as are from time to time
assigned to you and as are reasonable or lawful;
4.11.2. Obey and comply with all lawful and reasonable instructions
given to you by your superior;
4.11.3. Be true and faithful to the Company in all dealings and
transactions relating to the business and interests of the
Company and to use your best endeavours to protect and
promote the business, reputation and goodwill of the Company;
4.11.4. Submit to the management or to any person nominated by
management such information and reports as may be required
of you in connection with the performance of your duties and
the business of the Company devote the whole of your time and
attention during the Company business may require, to the
business affairs of the Company and to your duties in terms of
your employment with the Company.
4.12. Whilst you are employed by the Company you hereby assign and
transfer to the Company all your right, title and interest in and to all
intellectual property and copyright which you might have acquired in
regard to the performance of your duties with the Company.
4.13. You acknowledge that you shall be obliged on occasions to travel to
customers’ premises in order to properly perform your duties.
Whenever such travelling is necessary, arrangements are to be coordinated
with the Manager before any commitment is made to the
customer concerned. In the event that you utilise your own vehicle, the
Company will reimburse you for the distance travelled for such purpose
in excess of 75km per trip at the Company’s ruling rates for
reimbursement at the time applicable.
5. TERMINATION OF EMPLOYMENT
Either you or the Company will be entitled to terminate your employment on
written notice given to the other party, as follows:
5.1. If you have been employed for four (4) weeks or less, either party is
required to give the other party one (1) week written notice.
5.2. If you have been employed for more than four (4) weeks, but not more
than one (1) year, either party is required to give two (2) weeks written
notice.
5.3. If you have been employed for more than one (1) year, either party is
required to give four (4) weeks written notice.
5.4. Notice of termination of your employment may not be given:
5.4.1. During any period of leave to which you are entitled to;
5.4.2. Must not run concurrently with any period of leave to which you
are entitled to;
5.4.3. On any other day except the 1st day of the month, should the
first day of the month fall on a public holiday, or weekend then
the first working day following such day.
5.5. The Company will be entitled to terminate your employment without
notice in compliance with the relevant Labour legislation, as amended,
and in terms of the Human Resources Policies and Procedures Manual,
which may include a disciplinary hearing, if you -
5.5.1. Commit any serious or persistent breach of any of the provisions
of this agreement;
5.5.2. Are guilty of any serious misconduct or deliberate neglect in the
discharge of your duties under this agreement;
5.5.3. Are guilty of any other conduct which will justify summary
dismissal at common law;
5.5.4. Are declared either temporary or permanently incapacitated due
to illness or injury which results in you being absent from work
for an unreasonably long period of time.
5.6. Notwithstanding the above, your employment with the Company will
terminate at the end of the month in which you turn 65 (sixty five) years
of age, unless you and the Company agree otherwise in writing.
5.7. On termination of your employment you will be entitled to a certificate
of service.
5.8. On termination of your employment you shall immediately deliver to
the Company all assets, equipment, records, documents, accounts,
letters, notes, memoranda and papers of every description within your
possession or control relating to the affairs and business of the Company
whether or not they were originally supplied by the Company and
returned in good order, fair wear and tear accepted.
6. CONFIDENTIALITY
You agree not to use for your own benefit or for the benefit of any other
person and not to disclose to any third party during operation of this
agreement or after its termination, expect in the ordinary and proper course
of Company business, any confidential information, including, but not limited
to, information regarding the trade secrets, customer lists, business affairs
suppliers’ lists, technical methods and processes of the Company.
7. HOLIDAY LEAVE
7.1. You will be entitled to twenty-one (21) consecutive annual days leave on
full remuneration in respect of each annual leave cycle (which means
the period of twelve (12) months immediately following commencement
of your employment).
7.2. The Company is obliged to grant you, annual leave not later than 6 (six)
months after the end of the annual leave cycle.
7.3. The Company may not permit you to take annual leave during any of the
period of leave to which you are entitled to in terms of the Basic
Conditions of Employment Act or during your notice period.
7.4. All leave granted by the Company must be taken at a time convenient to
the Company and is subject to prior notice and approval of the Company
and the client.
7.5. You are required to complete and submit the Leave Form as set out in
the Human Resources Policies and Procedures manual; Administration
Form Annexure “C”, this form is to be handed to the Company for
approval.
7.6. Any application to take annual leave for a period in excess of two (2)
working days must be submitted for approval at least six (6) weeks prior
to the intended starting date of such leave.
8. SICK LEAVE
8.1. You will be entitled to six (6) weeks sick leave during every thirty-six (36)
months of employment. However during your first six (6) months of
employment you are entitled to one (1) days paid sick leave for every
twenty-six (26) days worked
8.2. If you are absent from work for more than two (2) consecutive days or
more you are required to produce a medical certificate which must be
signed by a medical practitioner or any other person who is certified to
diagnose and treat patients and who is registered with the professional
council established by an act on Parliament.
8.3. The Company is not required to pay you your sick leave if you have been
absent from work for more than two (2) consecutive days, or on more
than two (2) occasions during an eight (8) week period, and you do not
produce a medical certificate stating that you were unable to work for
the duration of your absence on account of sickness or injury.
8.4. You are required to notify the Company by no later than 09h00 on the
1st day of your sickness or absence from your employment.
8.5. You are required to complete a sick leave form as set out in the Human
Resources Policies and Procedures manual immediately upon your
return to the Company. This form is to be handed to the Company
together with the medical certificate.
8.6. Should you at any time become permanently unable, in the reasonable
opinion of Company management, to perform your duties adequately by
reason of ill health, the Company will be entitled to terminate your
employment on such terms as the Company, in its sole discretion,
considers reasonable.
9. HOURS OF WORK
9.1. Your working hours shall be between the hours of 08.00-16.00, Monday
to Friday.
9.2. You will be entitled to a lunch break of one (1) hour which is to be taken
between 13.00---14.00
9.3. You undertake and agree to work overtime whenever it is deemed
necessary by the Company. You acknowledge that you will be employed
by the Company, inter alia, because you are prepared to work overtime
on occasions, and the Company has employed you on this basis,
alternatively, you undertake and agree to work overtime when both the
exigencies of the Company business require it, and it is reasonably
convenient for you to do so.
9.4. Any overtime worked will be on a paid basis, unless by special prior
written arrangement with the Company as set out in the Human
Resources Policies and Procedures Manual.
9.5. You will be required to work a minimum of forty (40) hours per week,
but due to the varied nature of your work, you may be expected to work
additional hours which may be required to meet your objectives. This
may include the occasional evening or weekends and may include
country trips, and may involve overnight stays away from home.
9.6. On occasions it will be necessary for you to attend training courses,
conferences and meetings wherein you will be required to stay away
from home. Many of these events take place after hours and at
weekends and it is compulsory for you to attend.
10. MEDICAL AID
10.1. On commencement of service you will be obliged to join the Company
Medical Aid Scheme, which is currently the Carnival Staff Medical Aid.
Details of this fund are contained in the Human Resources Policies and
Procedures Manual.
10.2. It is compulsory for you to apply for membership of the medical aid
scheme, unless you are currently a member of another medical aid, in
such event proof of your medical aid membership must be produced
within seven (7) days of the date of your commencement of
employment with the Company.
10.3. The Company will pay 20 percent of your monthly contributions which is
based on the medical aid fund and you will be liable for the balance
which will be deducted from your monthly salary.
10.4. If you belong to an alternative scheme then in such event the Company
shall contribute an amount equal to the amount payable in terms of the
medical aid contributions, of the essential scheme.
11. PROVIDENT FUND
On commencement of service you will be obliged to join the Company Pension
Scheme and your contribution will be deducted monthly from your salary.
Details of the scheme and contributions are set out in the Human Resources
Policies and Procedures Manual.
12. GROUP LIFE INSURANCE
The Company operates a group life insurance scheme for the benefit of
employees and full costs of the scheme will be born by the Company.
13. NO CREDIT
You will at no time borrow any money from the Company.
14. COLLECTIVE ARRANGMENTS AND AGREEMENTS
You will be bound by any collective arrangements or agreements concluded by
the Company and employees employed by the Company and/or the
representatives of such employees.
15. FLEXIBILITY
15.1. In order to fully utilise manpower resources, all employees will perform
work within their skills and capability. To achieve this, individuals will
accept any necessary training and be prepared to move from job to job
as the needs of the Company require.
15.2. You confirm that you recognise and support the complete flexibility of
jobs and duties within the Company, both within sections/departments
and between the various sections/departments of the Company, subject
to individual skills and capabilities. In return the Company recognises
and accepts the need for training and retraining in the broadening of
skills and in new technological developments, as they affect the
Company’s efficiency as a manufacturing operation.
15.3. The Company may, in its discretion and upon reasonable notice to you,
transfer you from one department or section to another, or from day
work to shift work or vice versa, either permanently or temporarily.
16. TRAINING
You hereby consent to undergo such training as may be prescribed by the
Company from time to time.
17. SECURITY
17.1. The Company’s security regulations will be observed by you and may
at the discretion of the Company be varied from time to time.
17.2. You will not unlawfully possess any substance, article or thing which is
the property of the Company or of any employee of the Company.
18. GENERAL
18.1. No indulgence granted by a party will constitute a waiver of any of
that party’s rights under this agreement; accordingly, that party will
not be precluded, as a consequence of having granted such indulgence,
from exercising any rights against the other which may have arisen in
the part of which may arise in the future.
18.2. No agreement varying, adding to, deleting from or cancelling this
agreement will be effective unless reduced to writing and signed by or
on behalf of the parties.
18.3. This agreement as read with any collective arrangements or
agreements and with the disciplinary, grievance and retrenchment
procedures laid down by the Company from time to time, will
constitute the entire contract between the parties with regard to the
matters dealt with in this agreement, and no representations, terms,
conditions or warranties not contained in this agreement will be
binding on the parties.
18.4. This agreement and the disciplinary, grievance and retrenchment
procedures as laid down by the Company from time to time will at all
times be subject to the provisions of the Labour Relations Act No. 66
of 1995, and the Labour Relations Amendment Act No. 42 of 1996, any
other law applicable at the time.
19. DISCIPLINARY, GRIEVANCE AND RETRENCHMENT PROCEDURES
19.1. Any matter (including any disciplinary action taken by the Company)
which arises out of your employment will be dealt with in terms of the
disciplinary code and practice as set out in the Human Resources Policies
and Procedures manual which is available from the manager’s office,
and forms a material part of this agreement.
19.2. You will be bound by the disciplinary, grievance and retrenchment
procedures laid down by the Company from time to time as set out in
this manual.
19.3. You acknowledge that you have been furnished with and have read
copies of the Company’s current disciplinary, grievance and
retrenchment procedures as set out in this manual. Compliance with
such procedures is a term and condition of your employment with the
Company.
Kindly retain the copy of this letter for your own records and sign the original hereof
in order to signify your acceptance of the terms and conditions of your employment
contained herein.
This Letter of Appointment shall be governed by and construed in
accordance with the laws of Australia.
Please confirm your acceptance of the above terms and conditions by signing and
returning to us the duplicate copy of this Letter within seven (7) days from the date of
this Letter.
Yours faithfully for and on
Behalf of MSC Cruises Liner
Mr. Manfredi Lefebvre D'Ovidio Mrs. Mary-Ann Watford
President /CEO MSC Cruise Liner MSC Cruise Liner Recruitment Manager
MSC CRUISE LINER EMPLOYEE'S ACKNOWLEDGEMENT
I accept and agree to the above-stated terms and conditions:
Name: <insert name>
Passport/ID No: N/A
Nationality: AMERICAN
County of Resident: UNITED STATE OF AMERICA
Signature:
Date: