roy he Colleague handbook
01. I am vicer I am not simply looking for a place to work; I am looking for a place that inspires me. My career with Viceroy is a part of my overall life, and the authenticity that I carry in my day-to-day living is reflected in my work. Superficiality has no place at Viceroy. I am eager to welcome and guide travelers on fabulous journeys. My goal is to listen to our guests and not only understand, but anticipate their needs. I provide the canvas on which their stories may be drawn. I am not an empty handshake or tired greeting; I have a big heart, and this is reflected in my work. I am Viceroy. At Viceroy, we strive to redefine the world of hospitality. We don’t want to be followers of anything. We want to author new chapters, traverse new paths and conquer convention. We believe hospitality is the front line of cultural diplomacy, and great hospitality is all about great people. To achieve greatness, we should be enlightened and aligned to a sense of purpose. In order to be legendary, we need to be ahead of the times. We believe in the tenet of ‘consistent individuality’, and strive to ensure that every experience provides travelers a sense of singular satisfaction, which set our destinations apart; at the same time, we are committed to a sense of solidarity which acts as the underlying signature of Viceroy. 20
roWE yCELEBRATE DIVERSITY It is the core of us. Viceroy is committed to assembling the smartest teams with colleagues who can meet the strictest standards of quality and service. We hire and promote colleagues qualified or trainable for positions based on job-related standards of education, skills, trainability, experience and personal qualifications. Viceroy recognizes the genius of diversity and is committed to creating a work environment where colleagues can exercise their creativity and do something meaningful. This means we always treat everyone with fairness, respect and equality. Viceroy will always provide me and my colleagues with equal employment opportunities without regard for race, color, religion, sex, pregnancy, sexual orientation, gender identity or expression, LGBTQ status, national origin, age, disability, genetic information, veteran status or any other basis protected by law. I will always treat our guests and fellow colleagues with dignity, fairness, respect and recognize them in a natural and courteous manner. I will respect the customs and traditions of guests and colleagues in all circumstances, except where doing so would either violate the law or would create challenges in the work environment. If at any time I feel offended by the comment or action of any member of leadership, a colleague, guests, vendors or any Viceroy business partner, I will immediately notify my leadership team, Human Resources or the General Manager.
12 Colleague Handbook My Personal Employment Contract with Viceroy Viceroy recognizes my valuable service as a colleague, and agrees this __ day of ______________, 20____, to provide me with the benefits described in the Colleague Handbook. In return, I, ______________________________ agree to abide by the princi- ples, goals and policies in the Colleague Handbook. I acknowledge that the condi- tions contained in the Colleague Handbook may be amended in writing from time to time by an agreement between me and Viceroy. I have read the Colleague Handbook carefully and I promise to: • Abide by Viceroy’s policies and uphold its standards; • Deliver exceptional service to our guests; • Accept my compensation and benefits; • Use the Dispute Resolution Process (“DRP”) first for all complaints even if I have exercised my right to opt-out of the arbitration provisions of the DRP; and • UnlessIhaveexercisedmyrighttoopt-out,usethearbitrationproceduredescribed in the DRP as the exclusive method of resolving any dispute I may have based on, related to, or arising out of my application, hiring, employment and/or end of employment. Viceroy promises to comply with its obligations under the Colleague Handbook by:
• Treating me fairly and with dignity and respect; • Providing competitive compensation and benefits; • Following the DRP whenever I wish to raise an issue or concern; • Maintaining an open-door policy for our communication; • Providing opportunities for learning and career development; • Providing access to the arbitration procedure described in the DRP at a mini- mum cost to me for the arbitrator’s expenses and fees; and • Utilizing the DRP as its exclusive remedy for resolving any disputes related to, or arising out of my application, hiring, employment or end of employment. The term of the Colleague Handbook is one (1) year and is automatically renewed, but may be cancelled if following occurs: • I voluntarily resign; • I am permanently laid off; • I am involuntarily terminated (I can still pursue my rights under the DRP and I am subject to the arbitration provisions unless I have opted-out); or • I choose to remain an “At Will” colleague and provide written notice to Human Resources of my decision. Viceroy and I, ______________________________, acknowledge and understand our unique contractual employment relationship, effective throughout the duration of my em- ployment. The Colleague Handbook is the entire agreement between me and Viceroy
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unless modified in writing. Any written modifications to this Agreement will supersede Colleague handbook certain defined parts of the Colleague Handbook and this Agreement. Viceroy employs 13 me under the terms of the Colleague Handbook, and my working under the Handbook’s terms supports this contract. Our signatures confirm our mutual agreement to this phi- losophy, these goals, and all the rights and responsibilities in this employment contract or as modified in writing by Viceroy after completion of my 90-day probationary period. _______________________ _______________________ Colleague Signature General Manager or Human Resources Signature _______________________ Print Colleague Name
OUR PATHFINDER PROMISE I promise to always be warm, spirited and light-hearted, enriching guests’ experiences whenever possible — helping them to discover and gently leading them along. I understand the conditions contained in this agreement will apply to me until they are specially amended in writing.
Eden Roc, LLLP also known and referred as Eden Roc Miami Beach
1. MY ORIENTATION & DEVELOPMENT OPPORTUNITY The Nobu Hotel Miami Beach, Eden Roc, LLLP, and Eden Roc Management, LLC are collectively referred to in this document as “Our Hotel.” Our Hotel takes great care to select the best-qualified person for every job. I have been carefully selected and am aware that I was selected because of the skills, knowledge, customer service and experience that I possess. MY INTRODUCTORY PERIOD As a new colleague, I will participate in Our Hotel’s two-day orientation program. This program is important and integral to both Our Hotel and me, as it assists in setting the stage for a successful career. I will have the opportunity to learn about Our Hotel’s history, culture, values and expectations, meet my co-workers, including members of the executive team, and learn more about my role and department. As we get to know one another, I understand that my first 90 days of employment are a probationary orientation period referred to as my Introductory Period. During this Introductory Period, I will be oriented to Our Hotel and will receive on-the-job training from my leaders. During this Introductory Period, my job performance, hospitality skills and guest interaction, demeanor, safety record, attendance, disciplinary record, and job skills will be closely evaluated. At the end of the Introductory Period, my leader will carefully evaluate whether my qualifications are best suited for my work assignment and whether Our Hotel and I meet each other’s expectations. I will also have the opportunity to decide if employment at Our Hotel is right for me. Once I have successfully completed my Introductory Period, I will become a colleague (full- time or part-time) with various benefits. The successful completion of this Introductory Period does not imply the promise of continued employment after this period. Should my performance not meet the standards or expectations of Our Hotel, I acknowledge that my employment may be terminated, or, in unusual circumstances, the Introductory Period may be extended for no more than 60 days. If any of these events occur, I will be notified of the reasons for the separation or extension of my Introductory Period. During my Introductory Period my employment will be considered “at-will.” Once I have successfully completed my Introductory Period, Our Promise becomes a binding agreement between Our Hotel and me. OUR DOORS ARE ALWAYS OPEN Our Hotel values me as its most important resource in our service commitment to each other and our guests and, therefore, embraces an “open door” approach. The avenues of open communication within an atmosphere of mutual trust and respect are continuously energized, and my constructive opinions, suggestions, and feedback are encouraged and valued. This open door approach gives me the opportunity to discuss and resolve my workplace suggestions, ideas, concerns, and problems with my leaders, immediately and informally. In fact, I am expected to communicate regularly, so that we can build pride and promote a collaborative environment within our brand. This includes using the I.C.A.N. process. 7
Should I find it necessary. I.C.A.N. is my dispute resolution procedure that ensures my voice is always heard. Our Hotel strives to achieve fair and competitive wages, working conditions, and benefits for its colleagues. If I ever have questions, concerns or suggestions about my wages or working conditions, I am encouraged to express these concerns directly with my leader or human resources. LEARNING AND DEVELOPMENT Our Hotel believes in the continuous growth and development of its colleagues and is committed to assisting in my professional development. Our Hotel will provide relevant learning and development opportunities for me to support my ongoing growth in knowledge, skill and attitude. Various learning activities will be provided to me throughout the year. TRANSFERS Our Hotel wants me to work in a position that provides me the greatest amount of job satisfaction and enables me to best meet my full potential. From time to time, positions that interest me may become available at Our Hotel or another property within our brand. I am encouraged to discuss my career plans with my leader before completing a transfer request form so I can learn more about the process, requirements and receive guidance from my leader. Pathfinders who complete six (6) months in their current position with no active disciplinary action (written warning) are eligble to apply for a transfer. A list of open positions is posted on our website and our communication boards/monitors. Our Hotel reserves the right to waive the eligibility requirements if it initiates the transfer or as it deems necessary in special circumstances I understand that colleagues selected for new positions are generally transferred at the regular rate of pay for the transfer position. I also understand that original hire dates are maintained for benefits purposes, but departmental length of service and job classifications will be based on the date of transfer. PROMOTIONS Our Hotel wants me to achieve my professional aspirations, and it routinely promotes from within when appropriate. Our Hotel reserves the right, however, to select new colleagues. When a job opening occurs, the open position will be posted internally. Interested colleagues who possess the required skills, abilities and attitude necessary to perform the job will be considered. ANNUAL PERFORMANCE REVIEWS It is important for all colleagues to know how they are performing, and Our Hotel will facilitate that process and provide the resources for me to improve my performance. Following my Introductory Period, I will receive an annual written performance review. 8
My review will be completed by my leadership team or appropriate designee, and a finalized copy of my written review will be retained in my personnel file. During my review, I will have the opportunity to discuss my job objectives and career goals. I recognize that a positive performance evaluation does not guarantee an increase in salary, promotion or job security. Salary increases and promotions are solely within the discretion of Our Hotel and are impacted by factors in addition to performance. For more information about salary increases and promotions, I may contact my leader or human resources. RESOLUTION OF MY CONCERNS When a group of dynamic people work together in a dynamic industry, problems may arise. My job-related concerns are important to Our Hotel, and I am encouraged to communicate my concerns, problems and ideas so improvement can occur. In most cases, talking with my leader is the most effective way to deal with a concern or problem. In addition to or instead of speaking directly with my leader, I may discuss my concerns with any member of leadership, who will channel my concerns to the appropriate person for resolution. I recognize that I am also able to share my concerns, feedback and/ or suggestions with human resources at any time. Alternatively, Our Hotel has a grievance procedure to ensure my voice is heard and that I am treated with dignity and respect throughout the resolution process. By observing the steps set forth in the I.C.A.N. procedure described in Chapter 13, Our Hotel will ensure resolutions that are fair and equitable for all of us. THIRD-PARTY INTERFERENCE WITH MY RIGHTS Our Hotel is built on the principle of the golden rule: treat others as I would like to be treated. Guided by that fundamental philosophy, we will operate fairly with colleagues, guests and vendors. Our Hotel recognizes and respects my freedom of choice regarding my right to organize or to refrain from union-organizing activity. If I am ever asked to decide whether to organize a union, Our Hotel promises to provide me with as much information as possible so that I can make an informed decision, and to respect my decision. 9
12. MY DISPUTE RESOLUTION TOOLKIT I.C.A.N. OUR HOTEL’S DISPUTE RESOLUTION PROCEDURE Eden Roc Management, LLC (“Our Hotel”) is committed to resolving any concerns that I may have during the course of my employment. Although some issues can be settled promptly by discussion with my leader, Our Hotel and I recognize the need for a process that will enable us to fairly resolve any issue that may arise. Our Hotel’s I.C.A.N. dispute resolution procedure has been specifically tailored to help us achieve this goal. This process continually promotes communication between me and Our Hotel and offers us confidentiality and flexibility. I agree that if I have a concern or issue that cannot be resolved through discussions with my leaders, I will engage in the I.C.A.N. process. However, Our Hotel and I agree that we may waive one or more of the 4 steps of I.C.A.N. HERE IS HOW I.C.A.N. WORKS: STEP 1: Inform Leadership. If I have not yet informed my immediate leader of my concern, I will do so and provide as much detail as possible. If I feel uncomfortable addressing my concern with my immediate leader, or if my immediate leader did not resolve my concern to my satisfaction, I will discuss the matter with my executive committee member. At my request, human resources may assist me with this process. STEP 2: Complete Investigation. If Step One does not resolve my concerns to my satisfaction, human resources will conduct a complete investigation into my concern. Human resources will then issue a written decision to me typically within 20 days after the start of the investigation. STEP 3: Appeal. If I am not satisfied with the outcome of Step Two, I may appeal to the general manager within 10 days after receiving the decision. The general manager will meet with me and give me a final written decision on my appeal within 15 days after our meeting. STEP 4: Neutral Party. If I am not satisfied with the general manager’s final written decision, I will submit my concern to be heard by an independent mediator first, then an independent arbitrator. To be eligible for arbitration, my complaint must be based on, related to, or rising out of my application, hiring, employment or separation of employment. I.C.A.N.’s arbitration step (Step Four) does not apply to certain types of disputes that the law does not allow to be resolved through the arbitration process such as workers’ compensation benefits, unemployment benefits, colleague welfare and benefit and pension plans, and any other claims prohibited by law from being resolved by arbitration. I may choose to opt-out of the arbitration step of I.C.A.N., but before I make that decision, I am encouraged to take a moment to fully review and understand this document. The following is information about Our Hotel’s arbitration policy that will help my decision. 51
What Is Arbitration? “Arbitration” means the settlement of a dispute by a neutral arbitrator chosen by me and Our Hotel to hear both sides of the complaint and then come to a decision. The decision of the arbitrator is binding on me and Our Hotel. How Do I Start the Arbitration Process? To begin the process, I will submit my request for arbitration in writing to the human resources director within 90 days after the date of the final written decision in Step 3 except where federal or state law allow a longer time period. If I choose to have my complaints resolved through I.C.A.N. (by not opting out), Our Hotel also agrees to submit any claims that it may have against me arising from my employment to binding arbitration on the same terms. Who Decides the Dispute? The arbitration will be administered by the American Arbitration Association (“AAA”). AAA’s National Rules for the Resolution of Employment Disputes will be used in any mediation or arbitration proceeding. A copy of these rules is available from the human resources director or on their web site at www.adr.org. Do I Have to Pay for Arbitration? I will pay $200.00 towards the arbitration filing fee and Our Hotel will pay the remainder of the filing fee and all the arbitrator’s expenses. What Do I Get in Exchange for My Agreement to Arbitrate? In exchange for my agreement to arbitrate complaints, Our Hotel agrees to fulfill its obligations to me under Our Promise including, but not limited to, its agreement to pay a portion of the arbitrator’s fees and expenses. Can I Still Choose to Go to Court? If I do not opt-out of the arbitration provisions of I.C.A.N., I waive my right to have my case submitted to a court of law and decided by a judge or jury. I understand that if I choose to submit my complaint to an arbitrator, he or she will have the same authority and may issue the same type of decision as a judge or jury would if they were deciding the case. I understand that, just as in a court of law, I will be responsible for my own legal costs and expenses, unless the arbitrator orders otherwise. Can I Be Part of a Class Action? To the extent allowed by law, if I do not opt out, I waive my right to submit my claim as part of class or collective action, or part of a class arbitration. However, this waiver shall not affect or diminish the substantive remedies that I may be awarded by an arbitrator. Can I Appeal the Arbitrator’s Decision? The decision of the arbitrator will be final. This agreement does not preclude me from filing an administrative charge with an outside government agency. Do I Need a Lawyer? I may choose to have a lawyer at my own expense, or handle the arbitration myself. Do I Have the Same Procedural Rights in Court? The parties will have the same rights regarding discovery and judicial review as they would in court of law. 52
After reviewing this information, and receiving answers to my questions, I agree to Our Hotel’s I.C.A.N. dispute resolution procedure. _________________________ __________________________________ ____________________ Print Colleague Name Colleague’s Signature Date _________________________ __________________________________ Print Witness Name Witness’s Signature 53
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