NCP Switzerland
This page provides information related to NCP Switzerland. Directly underneath, you find the scores of the NCP on the NCP Evaluation Project. The NCP is evaluated on the indicators with Yes, No or Partial/Not Applicable. The indicators are ordered per category. Only a few indicators per category are shown on this page. To see them all, click on “more…. indicators To see what indicator scores best among all NCPs go to the NCP Evaluation Overview. At the bottom, there is news related to the NCP.
Related complaints
In the OECD Watch Complaint Database you can find all the related complaints with NCP Switzerland
NCP allows complainants to withhold their identity from the company for security reasons.
Evaluation
The Rules of Procedure state that "all written information received will be passed on to the other parties involved, unless there are valid reasons for information to be retained." The Rules do not express clearly whether complainants can withhold their identity from companies for securities reasons.
Comment of NCP on score
The Swiss NCP objects to this assessment because the NCP asserts it fulfills the criteria. Swiss NCP has the possibility to withhold the identity for the complainants for security reasons.
NCP policy commits it to handling complaints within 12 months and in practice NCP has followed this commitment or communicated punctually with parties over reasonable delays.
Evaluation
The Rules of Procedure set out a recommended timeframe for Initial Assessments of 3 months but there is no further mention of a timeline. The Rules of Procedure mention the timeline requested by the OECD Guidelines but an approximate 12-month timeframe should be explicitly stated.
NCP maintains transparency generally, but allows for confidentiality only over:
(a) the personal identities of parties for security/privacy reasons
(b) legitimately sensitive business information
(c) documents shared and discussions had during the good offices stage.
Evaluation
The NCP's Rules of Procedure appear to establish confidentiality rules meeting the requirements of this indicator.
Comment of NCP on score
The Swiss NCP generally discloses names of parties, except for security reasons (a) Sensitive business information (b) and documents shared and discussion during the good offices stage are not disclosed. But the Swiss NCP encourages parties to approve the disclosure of maximum of information of the mediation process. In the recent cases (FIFA, RSPO, WWF, CS) the parties agreed to disclose most of the confidential outcome of the mediation.
Government has given consequences (e.g. limited access to export promotion or other economic benefits) to MNEs that refuse to engage in the complaint process, or if NCP has not yet encountered such a situation, NCP has made a policy commitment to request consequences from the government.
Evaluation
The Swiss National Action Plan references the linkage between NCP procedures and export finance, with a nuance regarding the outcome of the complaint versus good faith engagement by the company in the process.
Source
Human Rights Council, Report of the Working Group on the issue of human rights and transnational corporations and other business enterprises, 2 May 2018 (A/HRC/38/48), p.17
NCP makes a finding (determination) on whether the MNE has breached the OECD Guidelines when conciliation/mediation is refused or fails, or if NCP has not yet encountered such a situation, NCP has made a policy commitment to do so.
Evaluation
The Rules of Procedure do not address determinations, and the NCP has issued no determinations in specific instances.
Source
Meeting of the Network of National Contact Points for Responsible Business Conduct (2018)
Scoping paper draft: Recommendations and Determinations in Specific Instances p 7. Note: This table only lists NCPs with published rules of procedures and/or those that have closed a specific instance since 2011
Comment of NCP on score
The Swiss NCP objects to this indicator as the goal of a NCP to mediate forward looking solutions for parties. Determinations are an instrument for judicial procedures, which is not the case with NCP.
NCP sets no requirement to exhaust all other avenues to remedy before filing complaint.
Evaluation
The Rules of Procedure set no requirement to exhaust all other remedies.
NCP conducts in-country fact finding, or if NCP has not yet received complaints, NCP has made a policy commitment to do so.
Evaluation
The Rules of Procedure do not include a commitment to conduct in-country fact finding.
Comment of NCP on score
The Swiss NCP objects to this indicator as the goal of a NCP is to mediate forward looking solutions, this does not require in depth field research and determination of breaches. Field research is important for judicial procedure. This indicator implies a confusion between a NCP proceeding and a judicial procedure.
NCP engages in follow-up of recommendations made/agreements reached in Final Statements for all complaints reaching that stage, or if NCP has not yet received complaints reaching final assessment stage, NCP has made a policy commitment to do so,
Evaluation
The Rules of Procedure assert that the NCP may undertake follow-up, in consultation with parties. The NCP has engaged in follow up of all specific instances since 2014, but has only made the follow-up report public in one instance.
NCP has offered to alter the location of mediation and/or enable remote video conferencing to increase accessibility for the complainants or has made a policy commitment to do so.
Evaluation
The Rules of Procedure do not include a commitment to alter the location of mediation, however, the Swiss NCP has worked with remote mediation and foresees to continue this practice in the future according to the needs of the parties.
NCP covers mediation costs for parties. If mediation costs are not covered, the parties’ cost burdens are explained in the Rules of Procedure.
Evaluation
Mediation is offered at no extra cost.
NCP declares that parallel proceedings do not automatically bar complaints.
Evaluation
The Rules of Procedure explicitly state that parallel proceedings do not constitute a bar to complaints.
NCP considers complaints ‘material and substantiated’ if they are plausible or credible.
Evaluation
The Rules of Procedure do not explicitly use a standard equivalent to plausibility to evaluate the substantiation of complaints.
Comment of NCP on score
The NCP objects to this assessment because the NCP asserts it fulfills the criteria. In its initial assessment, the Swiss NCP analyses the plausability to evaluate whether a complaint is material and substantiated. Only 1 case was rejected due to not fulfilling this criteria.
NCP provides external review process for parties who believe the NCP has not followed its internal procedures.
Evaluation
The Rules of Procedure do not include an option of review.
Comment of NCP on score
The Swiss NCP objects to this indicator as the right of appeal is an instrument for judicial procedures, though not for NCP.
NCP sets no statute of limitations for accepting complaints.
Evaluation
The Rules of Procedure set no statute of limitations.
NCP sets a low threshold for accepting complaints by ensuring the use of a broad definition of “interest in the matter” when evaluating complainants.
Evaluation
The Rules of Procedure state that complainants must have a "legitimate" interest in the matter.
NCP ensures broad expertise in its complaint handling and promotion functions through formally involving diverse relevant government departments, having a multipartite structure, or having an independent expert structure.
Evaluation
The NCP formally involves diverse relevant government departments. The secretariat consists of three people.
Source
Annual Report on the OECD Guidelines for Multinational Enterprises 2018 – MCM/OECD (p. 27)
National Contact Point 2018 Report to the OECD: Switzerland (pp 3-4).
NCP is not housed within a ministry focused on economics, trade, or investment to ensure there is no real or perceived conflict of interest.
Evaluation
The NCP is located at the Federal Department of Economic Affairs, Education and Research EAER at the State Secretariat for Economic Affairs.
Source
National Contact Point 2018 Report to the OECD: Switzerland (p. 3)
Annual Report on the OECD Guidelines for Multinational Enterprises 2018 – MCM/OECD (p. 27)
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The NCP uses an interministerial decision-making approach in which complaints are handled by secretariat staff and internal working groups composed ad hoc of members of the Federal Administration responsible for the issues addressed in a particular specific instance. The NCP also hires external professional mediators.
NCP has undergone a peer review, or has a peer review formally scheduled in the near future.
Evaluation
The NCP underwent a peer review in 2017.
NCP employs the equivalent of two or more full-time staff.
Evaluation
The NCP has 1 full-time staff member & 2 part-time staff members. In addition to the staff of the secretariat, specific instances are handled by members from different ministries in ad hoc working groups. Normally 4-5 people are involved in a complaint. Additionally, external professional mediators are contracted for the mediation. During times of high case load, the NCP can utilize 1 additional person in the team.
Source
Draft Progress Report on National Contact Points to the MCM – OECD (p. 15)
Annual Report on the OECD Guidelines for Multinational Enterprises 2018 – MCM/OECD (pp 77-78).
Comment of NCP on score
The Swiss NCP secretariat counts with one full time and two part-time staff members and can count if needed (e.g. due to high case load) on 1 additional person in the team (this additional person has previously worked on at least 3 NCP cases).
NCP has multi-stakeholder advisory body involving representatives of all three core stakeholder groups (labour unions, business, and NGOs) consulted at least 2 times in the past year.
Evaluation
The NCP has an Advisory Board with 14 members including the Director of the State Secretariat of Economic Affairs and 3 further members of the Federal Administration, and 2 representatives each from employers federations, trade unions, business associations, non governmental organisations and academia. The Advisory Board advises the NCP on its strategic orientation e.g. implementation of the Peer Review recommendations and specific questions such as the Procedural Guidance, the applicability of the OECD Guidelines to non classical organisations e.g. sports associations, and the selection criteria of professional mediators. The Advisory Board also promotes dialogue between stakeholder groups and contributes to the effective implementation of the OECD Guidelines. The advisory board meets 3 times a year.
Source
National Contact Point 2018 Report to the OECD Switzerland (pp 4-5).
NCP formally involves representatives of all three core stakeholder groups (labour unions, business, and NGOs) in its governance and decision-making structure. Examples are quadripartite NCPs and NCPs in which the three stakeholder groups nominate an independent member of the NCP or steering board.
Evaluation
Decisions by the advisory body, which consists of members of the core stakeholder groups, are implemented by the NCP secretariat. The advisory body hence influences the governance and decision making structure of the NCP.
Source
National Contact Point 2018 Report to the OECD: Switzerland (p. 5)
Annual Report on the OECD Guidelines for Multinational Enterprises 2018 – MCM/OECD (p. 27)
Website publicizes NCP’s budget and spending streams.
Evaluation
The website does not publicise the NCP's budget and spending.
Comment of NCP on score
The Swiss NCP objects to this indicator as it is not feasable for an NCP located in a ministry. As mentioned in the previous submission, NCP located in ministries have different budget lines (staff translation etc etc.) and it is not possible to disclose information on the different lines. This indicator could only be fulfilled by an independent NCP, which is not a requirment by the OECD GL.
Website shows description of every complaint the NCP has received.
Evaluation
The website shows a description of all the concluded and current complaints received by the NCP.
Website shows instructions on how to file complaints.
Evaluation
The NCP website has a short explanation on filing complaints as well as a checklist for the submission of a specific instance.
Website shows contact information for NCP.
Evaluation
The website shows the NCP's address, phone number and email address.
NCP reports on its activities at the national level, to a government office or parliamentary committee, at least once a year.
Evaluation
The NCP Reports publicly to both Parliament and the government. It provides an overview on its activities to the Parliament in a specific chapter of the annual Foreign Economic Report. The full report is available in French, German and Italian, the executive summary in English. It also publishes its annual reports to the OECD on its website.
Source
National Contact Point 2018 Report to the OECD: Switzerland (pp 11-12)
Website shows text of all of the OECD’s Due Diligence guidance.
Evaluation
The website has links to all the OECD due diligence guidance.
Website shows comprehensive Final Statement for each complaint reaching that stage.
Evaluation
Final Statements have been published for all the complaints received by the NCP that have reached that stage.
Website shows comprehensive explanation of the Guidelines.
Evaluation
The NCP has created an 'OECD Guidelines in practice' report with an explanation of each of the chapters of the Guidelines and their practical implications.
Website shows text of the OECD Guidelines in national language(s) and English.
Evaluation
The website provides a link to the OECD website offering the text of the OECD Guidelines in German, French, Italian and English.
Website shows Initial Assessment identifying parties in every complaint received, which is posted directly after the initial assessment stage is concluded, or if NCP has not yet received complaints, NCP has made a policy commitment to directly publish initial assessments.
Evaluation
The NCP has published all initial assessments since 2014.
NCP maintains website with key parts in both national language(s) and English.
Evaluation
The website of the NCP is available in German, French, Italian and English.
Website explains NCP’s functions in promoting the OECD Guidelines and handling complaints.
Evaluation
The website shows a description of the NCP's functions in promoting the OECD Guidelines and handling complaints.
NCP submits its most recent annual report to the OECD secretariat and publishes it on its website.
Evaluation
The NCP has filed its Annual Report 2020 to OECD Secretariat and has published it in german on the website.
Source
OECD Network Environment Annual Report Database
NCP or government conducted activities abroad in the past year to promote the OECD Guidelines.
Evaluation
The NCP has promoted the OECD Guidelines amongst embassies.
Source
National Contact Point 2018 Report to the OECD: Switzerland (p. 6)
NCP organises or co-organises at least 1 promotional event annually on the OECD Guidelines attended by business, union, and civil society stakeholder groups.
Evaluation
The NCP has (co-)organised two events on due diligence and responsible business conduct. They were attended by business, trade unions, and civil society stakeholder groups.
Source
National Contact Point 2018 Report to the OECD: Switzerland (p. 11)
NCP has developed in print and on its website promotional materials on the OECD Guidelines and due diligence guidance.
Evaluation
The NCP has produced a guide on the 'Relevance and significance of the OECD Guidelines for Multinational Enterprises in Switzerland' in German with integrated summaries in French and English. The NCP has also created a flyer on Responsible Business Conduct.
Website shows NCP’s promotional plan outlining upcoming activities.
Evaluation
The national CSR/RBC action plan of the Federal Council includes the promotional activities of the Swiss NCP and is published on the NCP website.
Source
National Contact Point 2018 Report to the OECD: Switzerland (p. 9)
Website shows NCP’s Rules of Procedure for complaint handling in national language(s) and English.
Evaluation
The NCP's Rules of Procedure are available in German, French, Italian and English.