1️⃣ Purpose of Clause 6.9
Let’s be honest — even the best-designed contract or project plan can go off the rails if the wrong people are put on the job. That’s where Clause 6.9 steps in.
Its job is to ensure that the Contractor’s workforce is not only skilled and qualified but also professional, disciplined, and aligned with the contract’s requirements.
🧠 Key Objectives:
- Set clear expectations for the calibre and conduct of site personnel.
- Empower the Engineer to intervene if someone is not up to standard or misbehaving.
- Maintain a safe, lawful, and collaborative work environment.
📘 The 1999 Edition laid the foundation, introducing the Engineer’s authority to remove unfit personnel.
📙 The 2017 Edition builds on this and brings in modern concerns like corruption, environmental safety, and formal procedures for replacements.
2️⃣ Breakdown of Clause Texts
📘 FIDIC 1999 – Clause Text & Explanation
“The Contractor’s Personnel shall be appropriately qualified, skilled and experienced in their respective trades or occupations.
The Engineer may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Contractor’s Representative if applicable, who:
- persists in any misconduct or lack of care,
- carries out duties incompetently or negligently,
- fails to conform with any provisions of the Contract, or
- persists in any conduct which is prejudicial to safety, health, or the protection of the environment.
If appropriate, the Contractor shall then appoint (or cause to be appointed) a suitable replacement person.”
🔍 Explanation:
- This version is concise and provides the Engineer with broad discretion.
- Grounds for removal include incompetence, contract breaches, and harmful conduct.
- There is no mention of procedures, timelines, or corruption-related offenses.
📙 FIDIC 2017 – Clause Text & Explanation
“The Contractor’s Personnel (including Key Personnel, if any) shall be appropriately qualified, skilled, experienced, and competent in their respective trades or occupations.
The Engineer may require the Contractor to remove (or cause to be removed) any person employed on the Site or Works, including the Contractor’s Representative and Key Personnel (if any), who:
- persists in any misconduct or lack of care;
- carries out duties incompetently or negligently;
- fails to comply with any provision of the Contract;
- persists in any conduct which is prejudicial to safety, health, or the protection of the environment;
- is found, based on reasonable evidence, to have engaged in corrupt, fraudulent, collusive or coercive practice; or
- has been recruited from the Employer’s Personnel in breach of Sub-Clause 6.3 [Recruitment of Persons].
If appropriate, the Contractor shall then promptly appoint (or cause to be appointed) a suitable replacement.
In the case of the replacement of the Contractor’s Representative, Sub-Clause 4.3 [Contractor’s Representative] shall apply.
In the case of the replacement of Key Personnel (if any), Sub-Clause 6.12 [Key Personnel] shall apply.”
🔍 Explanation:
- Adds modern compliance requirements (anti-corruption, fair recruitment).
- Expands the Engineer’s authority to include Key Personnel and the Contractor’s Representative.
- Cross-references other clauses for smooth replacement and accountability.
- Makes the process more legally robust and suitable for high-risk projects.
3️⃣ Key Interpretations and Implications
⚠️ 2017 Makes Personnel Management More Formal and Accountable
- Explicit inclusion of unethical and unlawful conduct as grounds for removal.
- Removal process connects to formal procedures (Clauses 4.3 and 6.12).
- Ensures skilled personnel stay on-site from start to finish, under contract terms.
🟠 1999 Was Sufficient but Less Specific
- Broad but vague language.
- No cross-references or structured steps.
- Relies on Engineer’s discretion without defined safeguards.
4️⃣ Cross-Referencing with Other Clauses
🔗 Clause 4.3 – Contractor’s Representative
- If this person is removed, Sub-Clause 4.3 outlines the process to nominate and approve a replacement.
🔗 Clause 6.12 – Key Personnel
- If Key Personnel are removed, Sub-Clause 6.12 requires Contractor to submit a new candidate, subject to the Engineer’s approval.
🔗 Clause 6.3 – Recruitment of Persons
- Protects Employer’s team from being poached. Breaches trigger removal under 6.9.
🔗 Clause 1.13 – Compliance with Laws
- If personnel violate laws (e.g. safety, labour, anti-corruption), Clause 6.9 aligns with the removal authority.
5️⃣ What If Scenarios
👷 Scenario A: Site Supervisor Caught Accepting Bribes
- 1999: Not directly mentioned; falls under “misconduct.”
- 2017: Explicit breach under “corrupt practice” ✅
👩🎓 Scenario B: Engineer Asks for Removal of a Skilled Foreman for “attitude”
- 1999: May qualify under vague misconduct.
- 2017: Must be proven with “reasonable evidence.”
🌍 Scenario C: Staffer Dumps Waste in a River
- 2017: Breach under “prejudicial to environment.”
- 1999: May be linked to health/safety only.
6️⃣ Suggestions for Clarity and Improvement
📌 Practical Add-Ons:
- Add to Employer’s Requirements:”All site personnel must be screened for environmental and ethical compliance.”
- Link to Code of Conduct:Mandatory induction for all Key Personnel, covering anti-corruption and safety law.
- Insert PC Clause:”Personnel removed under 6.9 must be replaced within 7 days, subject to approval.”
- Use of Forms:Standardised removal request and decision forms can reduce disputes.
7️⃣ Final Takeaways 🎯
| Feature | FIDIC 1999 | FIDIC 2017 |
|---|---|---|
| Scope of Removal | Limited | Expanded: includes ethics & safety |
| Key Personnel | Not mentioned | Explicitly included |
| Corruption Clause | ❌ | ✅ Yes |
| Environmental Conduct | ❌ | ✅ Yes |
| Replacement Process | Vague | Linked to Clauses 4.3 & 6.12 |
| Legal Alignment | General | Precise & cross-referenced |
💡 The 2017 version of Clause 6.9 is a sharp, modern tool for project governance — ensuring your site isn’t just technically competent, but professionally, legally, and ethically sound.
📋 Contractor’s Personnel Removal Log Template
Project Name: _________________________________
Contract Number: ______________________________
Contractor: ____________________________________
Engineer: ______________________________________
Date of Log Entry: _____________________________
🔶 SECTION A: Personnel Details
| Field | Information |
|---|---|
| Full Name of Removed Person | |
| Designation/Role | |
| Department/Discipline | |
| Assigned Site Area | |
| Date of Initial Deployment | |
| Key Personnel or Contractor’s Representative (Yes/No) |
🔶 SECTION B: Reason for Removal
(Tick applicable reason and provide details)
| Grounds for Removal | Tick (✔) | Supporting Notes / Evidence |
|---|---|---|
| Misconduct or lack of care | ☐ | |
| Incompetence or negligence | ☐ | |
| Breach of Contract provisions | ☐ | |
| Unsafe/Unhealthy/Environmentally harmful conduct | ☐ | |
| Corrupt, fraudulent, collusive, or coercive practice | ☐ | |
| Recruited from Employer’s Personnel (Clause 6.3) | ☐ |
🔶 SECTION C: Engineer’s Instruction
| Field | Information |
|---|---|
| Date of Removal Instruction Issued | |
| Reference Number (Engineer’s Letter or Memo) | |
| Method of Notification (Written/Email/Meeting) | |
| Name of Engineer’s Representative |
🔶 SECTION D: Replacement Details
| Field | Information |
|---|---|
| Name of Replacement Candidate | |
| Proposed Designation/Role | |
| Qualification Summary | |
| Experience Summary (Years & Relevant Projects) | |
| Language Proficiency (per Clause 1.4) | |
| Engineer’s Approval Received (Yes/No) | |
| Date of Approval | |
| Start Date on Site |
🔶 SECTION E: Remarks / Additional Notes
🖊️ Signatures
Contractor’s Representative:
Name: ___________________ Signature: ______________ Date: ___________
Engineer’s Representative:
Name: ___________________ Signature: ______________ Date: ___________