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ADIMED vs. Groupe Kilu

Case overview

Date filed 5 March 2018
Current status Rechazado
Issue Groupe Kilu (DRC) labour violations
Summary of the case An NGO from the Democratic Republic of Congo (DRC) called ADIMED (Action pour le développement et l’innovation médicale) submitted a complaint to the Belgian and French NCPs that concerned nine workers and dated from 2000 to 2008. The complaint argued that Kilu Group, a food storage company in the DRC, and ES-KO International Int'l, a Monaco consultant subcontracting with KILU Group, had breached employment provisions of the OECD Guidelines by violating several contract, firing, and compensation requirements towards its workers.
Developments/Outcome The NCPs reported strong reluctance by the companies to engage in the case. The Belgian and French NCPs both rejected the case on grounds they lacked territorial jurisdiction over ES-KO in Monaco and Kilu group in the DRC. Although a branch of Kilu Group was located in Belgium, the Belgian NCP considered that the branch lacked independent legal personality from its parent in the DRC and could not be considered to establish Belgian jurisdiction over the company. The Belgian NCP encouraged the complainant to pursue the complaint under Congolese law, and also urged the OECD to explore ways to encourage the European microstates of Andorra, Lichtenstein, San Marino, the Vatican, Monaco, and Malta to promote the OECD Guidelines to their multinationals. ADIMED asked the Belgian and French NCPs to share the complaint with their consulates in Monaco. Both NCPs assert they did so.
Relevant OECD Guidelines
Case keywords Los derechos laborales

NCP Information

NCP name National Contact Point Belgium
NCP address Brussels, Belgium
NCP website www.ocde-principesdirecteurs.fgov.be
Other NCPs involved

Complainant

Company Information

Company responsible Groupe Kilu
Company address
Company website
Company in violation
Country of operations
Other companies involved

Timeline of developments

Date Actor Action Description Document
2 July 2018 National Contact Point Belgium desestimar Belgian NCP rejects complaint download pdf (468Kb)  
15 May 2018 National Contact Point France desestimar French NCP statement rejecting complaint download pdf (771Kb)  
5 March 2018 Action pour le développement et l’innovation médicale presentar ADIMED files complaint to Belgian and French NCPs download pdf (4574Kb)  

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