{"id":23832,"date":"2019-01-08T15:58:02","date_gmt":"2019-01-08T15:58:02","guid":{"rendered":"https:\/\/www.oecdwatch.org\/?page_id=23832"},"modified":"2026-10-13T10:51:27","modified_gmt":"2026-10-13T08:51:27","slug":"stage-one-deciding-whether-to-file","status":"publish","type":"page","link":"https:\/\/oecdwatch.org\/fr\/guidelines-and-complaints\/ncps-and-complaints\/step-by-step-complaints-guide\/stage-one-deciding-whether-to-file\/","title":{"rendered":"Stage one: Deciding whether to file"},"content":{"rendered":"

Filing a complaint with a National Contact Point (NCP) can be a way to seek remedy for corporate harms and address corporate misconduct. However, before filing an NCP complaint, communities and their representatives should determine whether the OECD Guidelines apply and decide whether a complaint supports their broader strategy and goals.<\/span><\/p>\n

Quick jump:<\/h3>\n

Step 1: Determine whether the OECD Guidelines apply<\/a><\/h4>\n

Who can file an NCP complaint?<\/a>
\nWhat issues are covered?<\/a>
\nAgainst which companies can you file a complaint?<\/a>
\nWhen can you file?<\/a>
\nHow can you file?<\/a><\/p>\n

Step 2: Consider strengths, limitations, and possible outcomes of a complaint
\n<\/a><\/h4>\n

Strengths<\/a>
\nLimitations<\/a><\/p>\n

Outcomes<\/a><\/h4>\n

Agreements<\/a>
\nOutcomes even if no agreement is reached<\/a>
\nUnintended outcomes<\/a><\/p>\n

 <\/p>\n

Step 1: Determine whether the OECD Guidelines apply<\/h2>\n

The OECD Guidelines apply to many, but not all, situations of corporate harm. Consider the following questions to see whether you can file a complaint<\/span>.<\/p>\n

<\/a>Who can file an NCP complaint?<\/b><\/p>\n

\"\"<\/p>\n

<\/a>What issues are covered?<\/b><\/p>\n

You can file a complaint about an alleged failure by one or more companies to follow the many <\/span>standards<\/span><\/a> in the OECD Guidelines. The Guidelines are very broad, so most issues are covered. Complaints can be filed about past harms not properly addressed by a company, harms currently occurring, or harms that may occur in the future if a company goes ahead with planned activities.<\/span><\/p>\n

<\/a>Against which companies can you file a complaint?<\/b><\/p>\n

You can file a complaint against one or more companies that are connected to the harm. However, the company must either be headquartered in one of the <\/span>51 countries that follow the Guidelines<\/span><\/a>, or the harm must be occurring in a country that follows the Guidelines.<\/span><\/p>\n

<\/a>When can you file?<\/b><\/p>\n

Complaints can be filed before, during, or after alleged harms occur. Sometimes, NCP complaints deal with the same issues that are being dealt with by another grievance mechanism, like a court or tribunal. These kinds of cases are called \u2018parallel proceedings\u2019. We have developed guidance for civil society on how to pursue NCP complaints when matters are being addressed in <\/span>parallel proceedings<\/span><\/a>.\u00a0<\/span><\/p>\n

<\/a>How can you file?<\/b><\/p>\n

Follow <\/span>\u00a0OECD Watch\u2019s guidance <\/span><\/a>on how to draft an effective and strategic complaint.<\/span>\u00a0<\/b><\/p>\n

 <\/p>\n

Step 2: Consider strengths, limitations, and possible outcomes of a complaint<\/h2>\n

If you have determined that the OECD Guidelines apply, consider the strengths, weaknesses, and limitations of the NCP complaint process to decide whether filing a complaint is the right tool to use to challenge the harms you are facing.<\/span><\/p>\n

<\/a>Strengths<\/b><\/p>\n

NCP complaints can be a useful tool to fight for justice against corporate harm. They offer advantages over other types of claims:\u00a0<\/span><\/p>\n