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Types of contract

  • The Project Manager must ensure that:
  • The type of contract selected is fit-for-purpose, and that the relevant UIC form is used,
  • The assignment, place of execution, remuneration and treatment of other outgoings are properly defined,
  • The services to be provided are clearly specified,
  • The breakdown of tasks in the assignment , and the financial burden of the tasks needed to produce expected deliverables, are well defined,
  • The projected timescales for completion and invoicing of deliverables, as well as other financial arrangements (transport, ancillary costs, penalties, etc.) are properly stipulated.
  • The Project Manager must ensure that the terms and conditions of the contract are UIC-validated prior to signature of two contract copies by the contracting party.
  • The UIC shall register and assign a contract number prior to signature by the Project Director (Secretary General for secondments), then return one copy to the contracting party.

 Secondment

  • Characteristics
  • Contract subject to labour law
  • Payment at cost price (Not for profit)
  • Assignment (Due diligence)
  • Work carried out by the staff of members
  • Key elements to be incorporated
  • Legal competency of contract
    • signatory at UIC: Secretary General
    • signatory wthin the Railway Company : person empowered to sign employment contracts
  • Definition of the assignment of the seconded person
  • Undertaking by the co-contracting member not to add a profit margin when invoicing for its employee’s remuneration (gross salary + employers’ social contributions)
  • Definition of contract duration : start date and end date

 Provision of services

  • Characteristics
  • Business contract
  • Fixed remuneration (with profit)
  • Execution of a work package (Duty to deliver results)
  • Contracts signed with third parties or complex work performed by a member
  • Key elements to be incorporated
  • Legal competency of contract signatory at UIC: Department Director
  • Need for number and full name of project
  • Clear definition of contract duration : start date and end date
  • Description of service provided (+ Appendix A: deadlines for execution and deliverables)
  • UIC ownership of work deliverables
  • Obligation to maintain confidentiality
  • Absolute precedence of French law and exclusive jurisdiction of French courts

 UIC contact person

Legal aspects - Emmanuelle Nedjar

 Codicil

The codicil shall have the same characteristics, and follow the same rules as the initial contract. This contract shall remain applicable for all aspects not covered by the codicil.

  • Change to one or more aspects of the contract.
  • Obligatory reference to the main contract: co-contractors, project, date and signature.
  • Chiefly concerns: contract duration and value, or the service itself.

-Same signatories as for the main contract.