Former employees of DRC company vs. anonymous UK company

Allégations

On 9 August 2021, several former employees of an anonymous company (‘Company A’, a natural resource supplier operating in the Democratic Republic of Congo) filed a complaint to the UK NCP against the respondent company (an anonymous UK-based company) due to its business relationship with Company A. The complainants alleged that the respondent had not met various expectations in the OECD Guidelines regarding carrying out risk-based due diligence on suppliers, specifically Company A, including in relation to human rights, labour rights (including workers’ rights to engage in constructive negotiations on terms and conditions of employment), and environmental impacts.

Les directives pertinentes de l’OCDE

• Chapitre I
• Chapter I Paragraph 1
• Chapitre II
• Chapitre II Paragraphe A1
• Chapitre II Paragraphe A10
• Chapter II Paragraph A15
• Chapitre II Paragraphe A2
• Chapitre IV
• Chapitre IV Paragraphe 1
• Chapitre IV Paragraphe 2
• Chapitre IV Paragraphe 5
• Chapter V
• Chapter V Paragraph 1 b
• Chapter V Paragraph 4 b
• Chapitre VI
• Chapter VI Paragraph 1 a
• Chapter VI Paragraph 1 c
• Chapitre VI Paragraphe 3
• Chapitre VI Paragraphe 4
• Chapitre VI Paragraphe 6
• Chapter VI Paragraph 8
• Chapter VII
• Chapter VII Paragraph 5
• Chapter VII Paragraph 7

Résultat

In the respondent’s reply to the UK NCP, they confirmed that Company A was one of their suppliers but because they did not own any shares in Company A their ability to influence management decisions did not extend beyond the normal scope of a customer-supplier relationship. The respondent stated that following an internal investigation conducted by senior-level staff, they found “no evidence of any breaches of human rights in its business, including as part of these allegations.”

The UK NCP rejected the majority of the complainant’s allegations and decided that only those related to the company’s due diligence concerning minimum wage and trade union issues of the supplier merited further examination. The NCP offered its good offices to both parties, which they accepted on 22 June 2022. Mediation achieved a successful outcome on 22 June 2023, with both parties agreeing to anonymity of the complaint parties and details of the agreement reached. Later, on 26 November 2023, the complainant requested to be named in the final statement. The UK NCP requested further information, which the complainants provided, but the NCP decided that the information did not adequately support their reasoning to be named and the NCP concluded that naming the complainants in the final statement would breach the terms of reference for mediation. The complainants accepted the NCP’s decision.

The NCP published its final statement on 19 April 2024, which it said also incorporated its initial assessment.

The NCP will not follow-up on the agreement reached.

Plus de détails

Documents

• UK NCP's final statement

  19 April 2024

  Déclaration finale

  UK NCP