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Trade Union & NGO vs. Telecommunications MNE

Case overview

Date filed 21 September 2011
Current status Rechazado
Issue Violations of HR & corruption in El Salvador & Nicaragua
Summary of the case 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.
Developments/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.
Relevant OECD Guidelines
Case keywords Los derechos humanos, Soborno / Corrupción

NCP Information

NCP name National Contact Point Mexico
NCP address Insurgentes Sur 1940 CP 01030 Mexico, D.F , Mexico
NCP website http://www.economia-snci.gob.mx/
Other NCPs involved

Complainant

ONG

Company Information

Company responsible Telecommunications MNE operating in El Salvador and Nicaragua
Company address
Company website
Company in violation Telecommunications MNE operating in El Salvador and Nicaragua
Country of operations El Salvador
Other companies involved

Timeline of developments

Date Actor Action Description Document
21 September 2012 National Contact Point Mexico presentar The NCP issued its decision, abstaining from proceeding to the second phase of the specific instance.  

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