Trade Union & NGO vs. Telecommunications MNE

Allegations

In September 2012 the Mexican NCP received a request for review from a trade union and an NGO alleging that a telecommunications multinational enterprise had breached the concepts and principles, human rights and employment and industrial relations provisions of the Guidelines in El Salvador and Nicaragua.

These breaches allegedly arose from the company’s unfair dismissal of union directives and the promotion of the dissolution of the union in El Salvador and Nicaragua.

The NCP undertook an initial assessment of the issues to evaluate if they merited further examination and if good offices could contribute positively to their resolution.

To this end, the NCP:
Notified the applicants’ submission to telecommunications multinational enterprise and requested its comments on the issue; and,
Consulted the Secretariat of Labor and Social Welfare.

Notwithstanding, Mexican multinational enterprise expressed its refusal to participate in any mediation sponsored by the NCP and the analysis of the information gathered pointing out that:
A substantial part of the issues raised by the applicants were controverted;
There were important issues related to the interpretation and implementation of El Salvador and Nicaragua laws; and
The difference between the parties was originated in administrative and judicial procedures, some of which were still ongoing.

Outcome

On 28 June 2012, the NCP issued its decision, abstaining from proceeding to the second phase of the specific instance.

On 4 March 2013, the trade union and NGO made another request for review on the same grounds and against the same multinational enterprise involved in the specific instance of September 21st, 2012. As a consequence, the NCP decided to ratify its original decision 28 June 2012, based on the fact that no new or different elements existed to initiate a new procedure under the Guidelines.

More details

Documents

• file

  21 September 2012

  The NCP issued its decision, abstaining from proceeding to the second phase of the specific instance.

  NCP Mexico