What Does Clause 2.3 ‘Employer’s Personnel’ Really Mean?

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2 years ago

🎯 Clause 2.3 in FIDIC: Employer’s Personnel Explained (2017 vs 1999)

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What’s the Big Picture?
Think of Clause 2.3 like the house rules for a big party 🎉. The Employer has their own team at the site (Employer’s Personnel), and might invite other contractors too.
This clause makes the Employer responsible for ensuring everyone plays nicely, follows safety protocols, and cooperates with the Contractor.

🎵 Harmony

🚧 Safety

🚀 Smooth Operations

Why does this matter?
Without clear “party rules,” sites can get chaotic fast. This clause prevents drama, confusion, and most importantly—accidents!
Pro Tip: If you’re the Contractor, you want these rules clearly defined.

📘 FIDIC 2017 Version 📙 FIDIC 1999 Version

Clause 2.3 (2017):
“The Employer shall be responsible for ensuring that the Employer’s Personnel and the Employer’s other contractors (if any) on or near the Site:

(a) co-operate with the Contractor’s efforts under Sub-Clause 4.6 [Co-operation];
(b) comply with the same obligations which the Contractor is required to comply with under sub-paragraphs (a) to (e) of Sub-Clause 4.8 [Health and Safety Obligations] and under Sub-Clause 4.18 [Protection of the Environment].

The Contractor may require the Employer to remove any person of the Employer’s Personnel or other contractors if found engaged in corrupt, fraudulent, collusive, or coercive practice.”

What’s new in 2017?
The Contractor has the right to request removal of problematic individuals—a powerful protection for project integrity.

Clause 2.3 (1999):
“The Employer shall be responsible for ensuring that the Employer’s Personnel and the Employer’s other contractors on the Site:

(a) co-operate with the Contractor’s efforts under Sub-Clause 4.6 [Co-operation];
(b) take actions similar to those the Contractor is required to take under sub-paragraphs (a), (b), and (c) of Sub-Clause 4.8 [Safety Procedures] and Sub-Clause 4.18 [Protection of the Environment].”

Key difference:
No explicit right for the Contractor to demand removal of the Employer’s personnel—less protection if issues arise!

📝 Want more on Sub-Clause 4.6? Read our deep dive here.

🌱 Curious about Health, Safety, and Environment? See the full Clause 4.8 guide or Clause 4.18 breakdown.

Ready to master more FIDIC clauses? Check out our full Clause 2.3 explainer for real-world scenarios and expert tips.

🔍Who Exactly is the “Employer’s Personnel”?

Great question! This often confuses even experienced teams.
Let’s check the official definitions side by side:

📒 FIDIC 2017 (Clause 1.1.32) 📘 FIDIC 1999 (Clause 1.1.2.6)

Employer’s Personnel includes:

The Engineer (the Employer’s main representative) See Clause 3.1
The Engineer’s Representative (if appointed)
Assistants delegated by the Engineer (under Clause 3.4)
All other staff, labour, and employees of the Employer and Engineer
Anyone else explicitly named as Employer’s Personnel in writing (by Notice)

Employer’s Personnel includes:

The Engineer
Assistants delegated by the Engineer (under Clause 3.2)
All other staff, labour, and employees of the Employer and Engineer
Anyone else specifically notified to the Contractor by Employer or Engineer

🔎 Key update in 2017:
The definition now requires formal Notice for naming extra personnel, which means clearer records and better protection for everyone. No more “hearsay”—if someone’s Employer’s Personnel, it’s officially on the record!

Want to go deeper? Full Clause 2.3 explainer | Who is the Engineer?

⚠️ What Does This Mean in Real-Life Terms?

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Let’s imagine a typical day on a construction site:

Safety First: Employer’s Personnel must wear safety gear, attend briefings, and follow environmental rules—just like the Contractor’s team!
Playing Nice: No blocking the Contractor’s work or causing friction. Cooperation is mandatory under Clause 2.3.
Keeping it Clean: Under 2017 rules, if any Employer’s Personnel (say, an engineer’s assistant) is caught in corruption or unethical practices, the Contractor can request their removal immediately! Huge win for site integrity.

Imagine you’re the Contractor:
If someone unknown gives you orders, you can politely ask:
“Are you officially Employer’s Personnel? If so, where’s the Notice?”
This clarity prevents disputes and keeps your site safe.

❓ What if the rules weren’t clear?

Sites would get chaotic fast—confusion, delays, or even unsafe shortcuts. Clause 2.3 keeps everyone accountable and the project on track!

🧑‍💼 Why does “Notice” matter?

It creates a paper trail—no “he said, she said.” You always know who has real authority.

Ready for real-world scenarios? Explore our Clause 2.3 in action or learn how safety protocols work on site.

🔗 Linking Clause 2.3 & Employer’s Personnel Definition (Why It Matters)

Why does linking Clause 2.3 with the Employer’s Personnel definition (Clause 1.1.32 / 1.1.2.6) matter so much?
Because clarity prevents costly disputes!

🔹 Scenario 1 Safety Issue

A safety breach occurs due to an assistant engineer working for the Employer.
Who’s responsible? The Employer—because the assistant is defined as Employer’s Personnel in Clause 1.1.32/1.1.2.6, and Clause 2.3 makes the Employer accountable.

See Safety Procedures (4.8)

🔹 Scenario 2 Unauthorized Instructions

An unknown procurement officer appears, instructing workers.
Should you comply? Only if they’re officially Employer’s Personnel by Notice (per 2017 rules). Otherwise, you can safely ignore it!

How Notice Works in 2017

🔹 Scenario 3 Ethical Breach

A manager tries to unfairly influence subcontractor selection.
What can you do? Under 2017, you can formally request their removal. The clear definition in Clause 1.1.32 empowers you under Clause 2.3.

See Removal Rights

Bottom line: Clear definitions stop disputes before they start! You’ll always know who’s in charge, who’s accountable, and what to do if things go sideways.

🛠️ Practical Tips & Improvements (Making Life Easier!)

📝Request an official “Employer’s Personnel List”:
Early on, formally ask for a Notice listing who exactly counts as Employer’s Personnel.
🎟️Use clear identification badges or site passes:
Make it obvious who’s officially on-site as Employer’s Personnel.
📚Add Clarity in Particular Conditions:
Explicitly state rules around Employer’s Personnel identification, site cooperation, and removal procedures.

Pro Tip: You can even reference Clause 2.3 and the definitions in Clause 1.1.32 / 1.1.2.6 right in your contract docs for total clarity.

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Final Thoughts (Why This Matters for Your Project)
Think of Clause 2.3 linked with Employer’s Personnel as a clear, well-lit pathway at night. It guides you safely through complex interactions on-site, ensuring:

✅ Clear responsibility
🛡️ Protection against unfair interference
🤝 Reduced disputes & smoother projects

Keep these definitions handy, stay proactive, and your project will run far more smoothly and safely! 🏅🚧

📋 Clause 2.3 Compliance Checklist

No.	✅ Checklist Item	📖 Reference
1	Is there a clear, updated, and formal list (Notice) identifying all Employer’s Personnel currently on-site?	1.1.32 (2017) 1.1.2.6 (1999)
2	Are Employer’s Personnel clearly distinguishable on-site (e.g., badges, identification tags)?	Best Practice
3	Have all Employer’s Personnel attended mandatory site safety inductions and briefings?	2.3(b) 4.8
4	Are Employer’s Personnel consistently wearing proper Personal Protective Equipment (PPE)?	2.3(b) 4.8
5	Are Employer’s Personnel adhering to all site environmental rules and practices?	2.3(b) 4.18
6	Are Employer’s Personnel cooperating and not obstructing the Contractor’s operations or access?	2.3(a) 4.6
7	Have any Employer’s Personnel been reported or observed engaging in unethical, corrupt, or fraudulent behavior? (immediate action required if Yes)	2.3 (2017)
8	If there are issues (e.g., non-compliance or misconduct), have formal Notices been issued clearly documenting the issue and required remedial actions?	Best Practice 1.3 Notices
9	Are Employer’s Personnel instructions to the Contractor properly documented and recorded in the site records (to prevent disputes)?	Best Practice 1.3 Notices
10	Has the Contractor used the formal right (FIDIC 2017) to request removal of Employer’s Personnel if required due to misconduct?	2.3 (2017)

🖨️ Tips for Using This Checklist:

Regularly complete and review during site meetings or audits.
Clearly document any issues and actions required.
Follow FIDIC Notice procedures for compliance and legal standing.

📩 Clause 2.3 Letter Bank: Templates for Compliance & Communication

📄 Letter 1: Request for Official List of Employer’s Personnel

Purpose: Confirm who is officially recognized as Employer’s Personnel under the Contract.
Reference: 1.1.32 (2017) / 1.1.2.6 (1999)

Subject: Request for Official Notice Identifying Employer’s Personnel
Reference: Clause 1.1.32 (2017) / 1.1.2.6 (1999)

Dear [Engineer’s Name],

To ensure clarity and smooth operations on-site, kindly provide an updated official Notice clearly identifying all individuals currently classified as Employer’s Personnel, as per Clause 1.1.32 (FIDIC 2017) / Clause 1.1.2.6 (FIDIC 1999).

Your prompt response will greatly assist us in maintaining compliance with Clause 2.3 and in clearly establishing lines of communication and accountability.

We appreciate your cooperation.

Best regards,
[Your Name]
[Your Title]
[Company Name]

Copy, personalize, and send via official Notice procedures.

📄 Letter 2: Notification of Non-compliance by Employer’s Personnel

Purpose: Report safety/environmental breaches by Employer’s Personnel.
Reference: 2.3, 4.8, 4.18

Subject: Notice of Non-compliance by Employer’s Personnel (Clause 2.3)
Reference: Clause 2.3, 4.8, 4.18

Dear [Engineer’s Name],

We have observed non-compliance with site safety/environmental obligations by [Name/Position of Employer’s Personnel] on [Date/Time], specifically involving:

[Brief description of non-compliance (e.g., not using PPE, unauthorized access, environmental incident)]

As per Clause 2.3, the Employer is responsible for ensuring compliance of Employer’s Personnel with these obligations under Sub-Clauses 4.8 and 4.18.

We kindly request immediate corrective actions to ensure such incidents do not recur, maintaining a safe and compliant work environment.

Please acknowledge receipt of this Notice and confirm actions taken.

Respectfully,
[Your Name]
[Your Title]
[Company Name]

Describe facts only. Attach photos or incident logs if relevant.

📄 Letter 3: Notification of Obstruction/Lack of Cooperation

Purpose: Address obstruction/interference with Contractor’s operations.
Reference: 2.3, 4.6

Subject: Notification of Lack of Cooperation by Employer’s Personnel (Clause 2.3)
Reference: Clause 2.3, 4.6 (Co-operation)

Dear [Engineer’s Name],

We wish to formally bring to your attention an issue regarding lack of cooperation/interference experienced from [Name/Position of Employer’s Personnel or other contractor] on [Date].

Specifically, we faced:

[Brief description of the obstruction/interference (e.g., blocking access, preventing work progression)]

This situation adversely affects our progress and compliance with the Contract schedule. According to Clause 2.3, it is the Employer’s obligation to ensure cooperation of their personnel and other contractors with our operations.

We kindly request immediate action to rectify this matter and ensure continued smooth cooperation.

Thank you for your prompt attention.

Yours faithfully,
[Your Name]
[Your Title]
[Company Name]

Be specific—record dates, persons involved, and effects on progress.

📄 Letter 4: Request for Removal of Employer’s Personnel (Misconduct) (2017 specific)

Purpose: Request removal for unethical/corrupt practices (FIDIC 2017 only).
Reference: 2.3 (2017)

Subject: Formal Request for Removal of Employer’s Personnel due to Misconduct
Reference: Clause 2.3 (2017)

Dear [Engineer’s Name],

We regret to inform you that we have evidence indicating unethical/corrupt conduct involving [Name/Position of Employer’s Personnel] on [Date/Period]. Specifically:

[Briefly describe the misconduct/corruption/fraudulent behavior]

Under Clause 2.3 of FIDIC 2017 Yellow Book, we formally request immediate removal of this individual from any further involvement with this Project to maintain ethical standards and site integrity.

We expect prompt corrective measures and kindly ask you to confirm actions taken in response to this serious matter.

Yours sincerely,
[Your Name]
[Your Title]
[Company Name]

This request is powerful. Only use for substantiated, serious breaches.

📄 Letter 5: Clarification Request about Instructions Received

Purpose: Confirm whether instructions from an individual are contractually valid.
Reference: 1.1.32 (2017) / 1.1.2.6 (1999), 2.3

Subject: Clarification Request – Instructions from Unidentified Individual
Reference: Clause 1.1.32 (2017) / 1.1.2.6 (1999), Clause 2.3

Dear [Engineer’s Name],

We have recently received instructions/directions from [Name/Position], whose formal designation as Employer’s Personnel is unclear.

In accordance with Clause 1.1.32 (FIDIC 2017) / Clause 1.1.2.6 (FIDIC 1999), we kindly request your clarification on whether this individual is formally identified as Employer’s Personnel. If not, please confirm that instructions from this individual should not be followed.

Your prompt confirmation will greatly aid us in avoiding confusion and ensuring compliance.

Warm regards,
[Your Name]
[Your Title]
[Company Name]

Protect your team—never accept unclear site instructions!

💡 Best Practices for Using These Letters:

Send letters via email or formal Notice procedures as per Clause 1.3 [Notices].
Keep clear records and maintain copies for reference.
Always use professional, fact-based language—never emotional or accusatory.