- Date filed
- 4 March 2004
- Keywords
- Countries of harm
- Current status
-
Blocked
- Sector
- NCP
Allegations
TMPCWA filed a complaint against Toyota Motor Philippines Corporation (TMP) for labour rights violations. The complaint alleges TMP refused to recognize TMPCWA as the sole and exclusive bargaining agent, and the company has actively tried to hinder workers right to association and collective bargaining.
In addition, TMP refused to organize “Certification Elections”, as required by law. When elections were eventually held in March 2000, TMP challenged the favourable results for TMPCWA.
In March 2001, Philippine authorities reaffirmed TMPCWA’s legitimacy. On the same day, 227 leaders and members (who had participated in the previous month’s gathering) were unjustifiably dismissed.
Relevant OECD Guidelines
- Version 2000 Chapter II
- Version 2000 Chapter II Paragraph II.2
- Version 2000 Chapter IV
- Version 2000 Chapter IV Paragraph IV.1 Subparagraph IV.1.A
- Version 2000 Chapter IV Paragraph IV.6
- Version 2000 Chapter IV Paragraph IV.7
- Version 2000 Chapter IV Paragraph IV.8
Outcome
In September 2004, six months after the case was filed, the Japanese NCP announced it was still conducting an initial assessment and that in its opinion the case of TMPCWA is still at bar at Court of Appeals. The NCP again stated it was still conducting an initial assessment in 2007 after facing criticism in OECD meetings and by an International Solidarity Campaign.
Meanwhile, TMPCWA and supporting groups have met with Toyota regularly every year at Toyotas headquarters in Tokyo and Toyota City. In 2008 the complainants filed a complaint with the ILO Committee on Freedom of Association alleging the Phlippine government failed to secure effective observance of trade union rights, thereby making the infringement on the right to organise and collective bargaining possible. In September 2009 an ILO High Level Mission was sent to the Philippines to do fact-finding at TMP.
Although the complainants consider the case “blocked”, in October 2009 they received informal word the Japanese NCP was planning to (re)start the initial assessment on the case. The complainants sent a letter urging the NCP to start this assessment without further delay.
In March 2010, the Japanese NCP released its initial assessment and accepted the case, but no further progress has been made. In August 2010, TMP dismissed four TMPCWA leaders.
To date the Japanese NCP has not moved the case forward, despite the complainants continued struggle for justice and freedom of association and collective bargaining and a meeting with the NCP in September 2015. In the meantime the Japanese Department of Labour and Employment (DOLE) is facilitating mediation between the parties.
More details
- Defendant
- Company in violation
- Complainants
- Affected people