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1️⃣ Purpose of Clause 6.6 [Facilities for Staff and Labour]
At its core, this clause ensures that the Contractor is responsible for the provision and maintenance of accommodation and welfare facilities for its personnel. It’s about basic human dignity, site logistics, and compliance with labor laws and health standards.
✅ Why it matters:
- Ensures humane and safe living conditions.
- Prevents unauthorized site occupation.
- Helps Employers and Contractors manage logistics effectively.
2️⃣ Breakdown of Clause 6.6
🔹 1999 Edition Summary:
“Except as otherwise stated in the Employer’s Requirements, the Contractor shall provide and maintain all necessary accommodation and welfare facilities for the Contractor’s Personnel. The Contractor shall also provide facilities for the Employer’s Personnel as stated in the Employer’s Requirements. The Contractor shall not permit any of the Contractor’s Personnel to maintain any temporary or permanent living quarters within the structures forming part of the Permanent Works.”
📌 Key Points:
- Obligation rests on the Contractor unless the Employer assumes it.
- Clear prohibition on workers living inside permanent works (e.g., buildings, plant structures).
🔹 2017 Edition Summary:
Builds upon 1999, adding site layout discipline: “If such accommodation and facilities are to be located on the Site, they must be within areas identified in the Employer’s Requirements. If not, they must be removed immediately at the Contractor’s risk and cost.”
📌 New Layer in 2017:
- Spatial control: facilities must be in designated zones.
- Enforcement: non-compliant structures = immediate removal at Contractor’s expense.
3️⃣ Key Interpretations and Implications
🚨 Risks:
- Unauthorized use of Site areas may trigger disputes or notices of non-compliance.
- Living inside completed structures can jeopardize safety and handover timelines.
- Failure to provide adequate welfare amenities could breach labour laws and cause work stoppages.
✅ Contractor Duties:
- Housing, sanitation, dining, and rest spaces — all need to be provided per law and contract.
- Facilities for the Employer’s Personnel must also be delivered if specified.
4️⃣ Cross-Referencing with Other Clauses
When we talk about Clause 6.6, we’re really talking about how people live and work on-site — and that has ripple effects all over the contract. This isn’t just about plopping down a few porta-cabins and calling it a day. Let’s explore how Clause 6.6 links to other parts of the FIDIC Yellow Book and why those links matter in real life 👇
🔗 Clause 4.18 [Protection of the Environment]
Let’s start with the obvious one: if your site accommodation isn’t set up right, it can become an environmental hazard — think sewage leaks, open waste, or cooking smoke drifting into nearby properties. Clause 4.18 tells the Contractor to avoid harm to the environment, so if your labour camp is generating pollution or nuisance, you’re potentially in breach of both Clause 6.6 and 4.18.
📘 Example: A project in a semi-urban Indian setting had drainage from labour toilets flowing into open land, resulting in a public complaint and work stoppage. The Engineer cited both environmental and welfare clauses — not just one.
🔗 Clause 6.7 [Health and Safety]
This one’s a natural pair with Clause 6.6. If 6.6 is about the infrastructure (housing, toilets, rest areas), Clause 6.7 is about making sure those spaces are healthy and safe. You can’t just build a tin-roof dorm and leave it at that — the facilities must have proper ventilation, fire exits, pest control, and safe drinking water.
🩺 And remember, if a health issue (say, food poisoning in the canteen or dengue from stagnant water) arises and spreads, it could derail site operations — and that’s when Clause 6.7 and even Clause 20 [Claims] might get triggered.
🔗 Clause 1.13 [Compliance with Laws]
This is your “umbrella clause” — the Contract’s way of saying: “Don’t just follow this document. Follow the law of the land.”
In India, there are clear labour laws about worker housing — minimum space per person, toilets per capita, lighting, fire safety, etc. So even if the contract doesn’t explicitly spell it all out, Clause 1.13 + Clause 6.6 = Must comply.
📘 Example: A contractor was fined under the Factories Act and the Building & Other Construction Workers (BOCW) Act because the worker camp lacked proper sanitation and first aid. The FIDIC contract didn’t list all those requirements, but Clause 1.13 demanded legal compliance anyway.
🏗️ What is the Factories Act, 1948?
This act governs industrial establishments where manufacturing takes place — and while it’s more applicable to completed facilities and manufacturing plants, some of its health and safety provisions influence worker welfare across project types.
📌 Key Provisions:
- Ventilation & Lighting: Must be adequate in workspaces.
- Sanitation: Clean toilets and washing areas must be provided.
- Drinking Water: Potable water supply is mandatory.
- First Aid: Must be accessible and appropriately staffed.
👉 If you’re constructing a facility that will become a “Factory,” your temporary facilities can’t fall below these standards — even during the construction phase.
🧱 What is the BOCW Act, 1996?
This is the holy grail of construction labour law in India. It specifically addresses the needs of workers at building and civil engineering construction sites, including infrastructure and plant projects — making it directly applicable to most FIDIC Yellow Book projects.
📘 How it ties into Clause 6.6:
- Housing: If you’re housing more than a few workers on-site, the BOCW Act mandates minimum space per person, proper roofing, lighting, and drainage.
- Sanitation: Toilets must be sufficient, separate for men and women, and regularly cleaned.
- Safety: Emergency procedures, fire safety, and protective gear are a must.
- Welfare Officers: Projects employing 500+ workers must appoint a Welfare Officer.
🚨 Non-compliance under this Act can lead to fines, prosecution, or even site closures by state Labour Inspectors. And remember, Clause 1.13 makes all of this binding under the Contract — even if it’s not spelled out.
🔗 So How Does This All Come Together?
When you provide housing and welfare facilities under Clause 6.6, you’re not just ticking off a box — you’re entering a legal zone with specific standards, and your contract duties are closely intertwined with national regulations.
Here’s how the puzzle pieces fit:
| Clause | Related Legal/Contractual Duty |
|---|---|
| Clause 1.13 | Comply with all applicable laws (e.g., BOCW, Factories Act) |
| Clause 6.6 | Provide and maintain adequate facilities as per contract + law |
| Clause 6.7 | Ensure safety and health within those facilities |
| Clause 3.5 | Resolve disputes over adequacy or location of facilities |
| Clause 10.1 | No Taking Over if living quarters remain in the Permanent Works |
| Clause 4.18 | Ensure sanitation/waste from facilities does not pollute the environment |
🔗 Clause 3.5 [Determinations]
Here’s a sneakier one. Suppose the Contractor builds site facilities outside the agreed zone, and the Engineer asks for removal. The Contractor disagrees — maybe they think it’s minor, or necessary for logistics.
This is where Clause 3.5 kicks in. The Engineer can make a formal Determination about whether the placement violates Clause 6.6. And once that happens, if the facilities are deemed “non-compliant,” they have to go — at the Contractor’s cost.
🧠 Pro tip: Always get the layout approved in writing. Don’t just assume that setting up near the site gate or on open land is “okay.”
🔗 Clause 10.1 [Taking Over the Works]
Here’s a practical one many overlook. If labourers are still living inside completed structures, the Employer can legally refuse to take over the works.
Why? Because under both the 1999 and 2017 editions, living in the Permanent Works is explicitly prohibited in Clause 6.6. This can delay the issuance of the Taking-Over Certificate, which in turn delays final payment and starts to mess with the Defects Notification Period.
📘 Scenario: Contractor finishes a factory, but has 20 workers sleeping inside. Engineer refuses Taking Over, citing breach of Clause 6.6. Contractor ends up paying extra for relocation and site maintenance — all because no one planned a proper demobilisation.
🤝 So What Does This All Mean?
👉 Clause 6.6 isn’t just about logistics — it’s about worker dignity, legal exposure, programme milestones, and cash flow.
👉 It interacts with the contract like a spider web: health, law, environment, and even handover are all caught in it.
Next time someone says, “We just need to set up a few bunks here”, remember — you’re also setting off a chain reaction across Clauses 1.13, 3.5, 4.18, 6.7, and 10.1.
5️⃣ What If Scenarios?
🔍 Scenario A: Contractor sets up housing in the basement of the permanent building before completion.
- ❌ Violation under both 1999 and 2017 versions → Engineer can order removal and delay taking-over.
🔍 Scenario B: Sanitation facilities are insufficient, leading to health complaints from workers.
- ⚠️ Triggers Clause 6.7 and possibly Clause 20 (if health issues lead to delays or claims).
🔍 Scenario C: Contractor erects temporary shelters in unapproved site corners.
- 🚩 2017 Edition allows immediate removal at Contractor’s cost.
6️⃣ Suggestions for Clarity and Improvement
Clause 6.6 is deceptively short — but don’t be fooled! It touches real-world site management, labour rights, health and safety, and even legal liability. To make this clause rock-solid in both drafting and execution, here’s how it can be improved and clarified.
🏕️ 1. Define Minimum Welfare Standards Clearly in the Contract
While Clause 6.6 says the Contractor shall “provide and maintain all necessary accommodation and welfare facilities,” it doesn’t say what “necessary” means.
📌 Suggestion: Set out specific standards in the Employer’s Requirements or Particular Conditions, such as:
- One toilet per 10 workers
- One shower per 15 workers
- 3 sq.m. of sleeping space per worker
- Separate accommodation for male and female workers
📘 Example: On a highway project in Rajasthan, the lack of clear specifications led to overcrowded camps. A labour inspector shut down the site for two days. The issue could’ve been avoided with defined ratios in the contract documents.
📍 2. Include Site Layout Plans for Labour Facilities
It’s not enough to say “build welfare facilities.” The 2017 Edition improved this by requiring facilities to be placed only in designated areas. But many contracts forget to show those areas!
✅ Practical Add-on:
- Include a Labour Camp Layout Drawing in the Employer’s Requirements.
- Clearly mark “No Accommodation Zones” near Permanent Works or critical installations.
📘 Example: In a project in Bengaluru, the Contractor set up toilets near the water treatment building. The Engineer objected but had no layout to enforce. Result: two weeks of back-and-forth.
🧼 3. Spell Out What’s Prohibited
Both editions prohibit workers from living inside completed buildings. But what about storing belongings there? Cooking inside? Temporary napping?
📌 Clarification Suggestion:
“The Contractor shall not allow any personnel to reside, store personal belongings, cook, or conduct non-work activities within the Permanent Works at any time.”
This makes enforcement easier and prevents misuse of project assets.
🔍 4. Audit and Reporting Requirements
Many contractors don’t maintain records of facilities or upgrades unless forced. Introduce regular inspections and monthly compliance checklists to track welfare standards.
✅ Include a clause like:
“The Contractor shall submit a monthly welfare compliance report in a format approved by the Engineer, covering accommodation, sanitation, water, medical aid, and security.”
📘 Example: A project in Maharashtra used a monthly checklist to monitor camp hygiene. This prevented outbreaks of seasonal illnesses and impressed external auditors during CSR inspections.
🛑 5. Emergency and Fire Safety Integration
Accommodation facilities = fire risk. Yet most contracts don’t mention fire safety or emergency plans for worker housing.
✅ Suggest adding:
- Fire extinguishers every 25 meters
- Designated fire exits and signage
- First aid kits with a trained person per shift
📘 Scenario: In Odisha, an electrical short in a labour hut caused a fire. There was no fire exit. Four workers were hospitalized. The incident stalled work and drew legal scrutiny.
🔒 6. Access Control and Security Provisions
Camp security is another blind spot. Without proper fencing, guards, or ID checks, safety risks skyrocket — especially in urban areas.
🧠 Add language like:
“Labour accommodation shall be fenced and access-controlled, with entry permitted only to registered personnel holding site IDs.”
📘 Real Case: On a metro project in Delhi, thefts and altercations occurred because locals entered unsecured camps. A simple security clause could’ve empowered the Engineer to demand action.
📚 7. Reference Indian Labour Laws Directly
Tie Clause 6.6 back to India’s regulatory framework. For example:
✅ Add to Particular Conditions:
“The Contractor shall ensure that accommodation and welfare facilities meet or exceed the requirements of the BOCW Act and any relevant State labour notifications.”
This makes compliance non-negotiable and reduces ambiguity.
✏️ 8. Model Language for Enhanced Clause 6.6
Here’s a sample clause you can drop directly into the contract:
“The Contractor shall provide housing, toilets, drinking water, and dining areas for all Contractor’s Personnel in compliance with local laws and good industry practice. No person shall reside in the Permanent Works. Facilities must be constructed in the designated site areas and shall include fire protection, lighting, drainage, and sanitation. The Contractor shall submit a monthly report to the Engineer detailing compliance with housing standards. All costs associated with these facilities shall be deemed included in the Contract Price.”
✨ Final Word:
Clause 6.6 is more than a formality — it’s about:
- Preventing legal and reputational risk 🛡️
- Protecting human lives 🧍♂️🧍♀️
- Ensuring smooth site management 🚧
By being proactive and detailed, the Employer and Contractor can avoid disputes and build a project culture that’s safe, compliant, and productive.
7️⃣ Final Takeaways
Clause 6.6 is a safety net — ensuring that while buildings rise, those building them are safe, housed, and respected.
🔐 In the 1999 Edition, it was functional.
📏 In the 2017 Edition, it’s disciplined — with layout control and enforceable consequences.
🗂️ Site Labour Facilities Compliance Checklist – Clause 6.6 (FIDIC & Indian Law-Aligned)
A. Accommodation Standards
| # | Item Description | Compliant? (Yes/No/N/A) | ✔️ |
|---|---|---|---|
| 1 | Labour accommodation provided within designated site area (per Employer’s Requirements) | ☐ | |
| 2 | Minimum 3 square metres of sleeping area per worker | ☐ | |
| 3 | Separate dormitories for male and female workers (if applicable) | ☐ | |
| 4 | Roofing is weather-resistant and structurally stable | ☐ | |
| 5 | Adequate lighting and ventilation in sleeping areas | ☐ | |
| 6 | Cooking areas are provided and separated from sleeping areas | ☐ | |
| 7 | Accommodation is fenced and security-controlled | ☐ | |
| 8 | Access restricted to registered personnel only | ☐ | |
| 9 | No accommodation provided inside or near Permanent Works | ☐ |
B. Sanitation and Hygiene
| # | Item Description | Compliant? (Yes/No/N/A) | ✔️ |
|---|---|---|---|
| 1 | 1 toilet per 10 workers available and operational | ☐ | |
| 2 | Toilets are gender-separated, regularly cleaned, and ventilated | ☐ | |
| 3 | Showers or bathing facilities provided and maintained | ☐ | |
| 4 | Potable drinking water stations available (min. 1 per 50 workers) | ☐ | |
| 5 | Waste disposal system is functional and environmentally safe | ☐ | |
| 6 | Canteen or dining space available with safe food storage | ☐ | |
| 7 | Laundry and drying areas provided (optional) | ☐ |
C. Health and Safety Compliance
| # | Item Description | Compliant? (Yes/No/N/A) | ✔️ |
|---|---|---|---|
| 1 | First aid kits available and fully stocked | ☐ | |
| 2 | Appointed first aid personnel on-site (BOCW requirement for >250 workers) | ☐ | |
| 3 | Fire extinguishers installed at all housing clusters | ☐ | |
| 4 | Clearly marked emergency exits from accommodation areas | ☐ | |
| 5 | Pest and mosquito control measures in place | ☐ | |
| 6 | Safety awareness signage posted in multiple languages | ☐ |
D. Record-Keeping and Legal Compliance
| # | Item Description | Compliant? (Yes/No/N/A) | ✔️ |
|---|---|---|---|
| 1 | Labour accommodation plan approved by Engineer | ☐ | |
| 2 | Monthly welfare report submitted to Engineer | ☐ | |
| 3 | All workers registered and ID-verified | ☐ | |
| 4 | Compliance with BOCW and Factories Act recorded | ☐ | |
| 5 | Labour inspection visits documented (if applicable) | ☐ |
📄 Sample Letter 1: Contractor’s Confirmation of Welfare Facility Setup
To: The Engineer
Subject: Confirmation of Completion of Labour Welfare Facilities – Clause 6.6 Compliance
Date: [Insert Date]
Contract Ref: [Insert Contract Number and Title]
Dear [Engineer’s Name],
In accordance with Clause 6.6 [Facilities for Staff and Labour] of the Contract, we hereby confirm that all required accommodation and welfare facilities for our site personnel have been established at the designated area as shown in the approved site layout.
These facilities include:
- Labour accommodation (capacity: [xx])
- Sanitation (toilets and showers)
- Clean drinking water supply
- Dining and cooking areas
- Security and fencing
- First aid and fire safety equipment
We invite the Engineer’s team to inspect the facilities at your convenience. We shall also submit the monthly compliance checklist as part of our routine reporting.
Yours faithfully,
[Contractor’s Representative Name]
[Title]
[Contractor’s Name]
📄 Sample Letter 2: Request for Approval of Additional Labour Camp Area
To: The Engineer
Subject: Request for Approval – Additional Labour Facility Area
Date: [Insert Date]
Contract Ref: [Insert Contract Number and Title]
Dear [Engineer’s Name],
Due to an increase in manpower requirements, we request approval to extend our labour accommodation facilities beyond the currently designated zone in the Employer’s Requirements.
We propose to establish additional temporary structures in the area marked in Annex A, with the following facilities:
- Accommodation for [xx] workers
- Additional toilets and drinking water points
- Fire extinguishers and emergency exits
Please let us know if further details or a site inspection are required. We seek your written consent before proceeding, in line with Sub-Clause 6.6 and 1.13.
Thank you for your attention.
Yours sincerely,
[Contractor’s Representative Name]
[Title]
[Contractor’s Name]
📄 Sample Letter 3: Engineer’s Notice for Non-Compliant Facility Location
To: The Contractor
Subject: Instruction to Remove Labour Facilities from Non-Designated Area
Date: [Insert Date]
Contract Ref: [Insert Contract Number and Title]
Dear [Contractor’s Name],
It has come to our attention that temporary accommodation structures for your staff have been established outside the area approved in the site layout, and in proximity to the Permanent Works — in breach of Clause 6.6 of the Contract.
You are hereby instructed to:
- Dismantle and remove these structures within [48 hours];
- Relocate the affected personnel to compliant, designated areas;
- Submit a corrective action report, including updated layout and risk assessment.
Non-compliance may trigger further action under Clause 3.5 and result in cost implications borne by you.
Yours faithfully,
[Engineer’s Name]
[Title]
[Employer’s Representative or Engineer]
📄 Sample Letter 4: Labour Welfare Compliance Monthly Report Submission
To: The Engineer
Subject: Monthly Labour Welfare Compliance Report – [Month]
Date: [Insert Date]
Contract Ref: [Insert Contract Number and Title]
Dear [Engineer’s Name],
Please find enclosed the Monthly Labour Welfare Compliance Report for the period of [Month, Year], in line with Clause 6.6 and our contractual obligations. The report includes:
- Updated checklist of site facilities
- Photographic evidence
- Staff accommodation register
- First aid and fire safety status
- Hygiene inspection log
Should you require a site walkthrough or further clarifications, kindly advise.
Yours sincerely,
[Contractor’s Site HSE Officer]
[Title]
[Contractor’s Name]