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🎯 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.
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.
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.
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.”
“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.
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].”
“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!
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:
Let’s check the official definitions side by side:
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!
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?
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.
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!
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.
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.
🔹 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!
Should you comply? Only if they’re officially Employer’s Personnel by Notice (per 2017 rules). Otherwise, you can safely ignore it!
🔹 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.
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.
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.
📋 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
Purpose: Confirm who is officially recognized as Employer’s Personnel under the Contract.
Reference: 1.1.32 (2017) / 1.1.2.6 (1999)
Reference: 1.1.32 (2017) / 1.1.2.6 (1999)
Copy, personalize, and send via official Notice procedures.
Purpose: Report safety/environmental breaches by Employer’s Personnel.
Reference: 2.3, 4.8, 4.18
Reference: 2.3, 4.8, 4.18
Describe facts only. Attach photos or incident logs if relevant.
Purpose: Address obstruction/interference with Contractor’s operations.
Reference: 2.3, 4.6
Reference: 2.3, 4.6
Be specific—record dates, persons involved, and effects on progress.
Purpose: Request removal for unethical/corrupt practices (FIDIC 2017 only).
Reference: 2.3 (2017)
Reference: 2.3 (2017)
This request is powerful. Only use for substantiated, serious breaches.
Purpose: Confirm whether instructions from an individual are contractually valid.
Reference: 1.1.32 (2017) / 1.1.2.6 (1999), 2.3
Reference: 1.1.32 (2017) / 1.1.2.6 (1999), 2.3
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.