TUAC trade union advisory committee to the OECD CSC commission syndicale consultative aupres de OCDE

1
TUAC trade union advisory committee to the OECD
?CSC commission syndicale consultative aupres de
OCDE

• TUAC what is it all about?
• TUAC, the Trade Union Advisory Committee to the
  OECD is an international trade union
  organisation
• financed by ist membrs affiliation fees allow
  TUAC to run a small Secretariat in Paris
• independent from the OECD, however, having
  consultative status
• TUAC is the interface of the trade unions with
  the OECD, its tasks are
• to inform affiliates about what is coming up on
  the OECD agenda (reports, surveys, policy
  recommendations) and
• to provide an input into the work of the OECD

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TUAC trade union advisory committee to the OECD
?CSC commission syndicale consultative aupres de
OCDE

• IV. Employment and Industrial Relations
• Enterprises should, within the framework of
  applicable law, regulations and prevailing labour
  relations and employment practices
• 1. a) Respect the right of their employees to be
  represented by trade unions and ()and engage in
  constructive negotiations, either individually or
  through employers associations ()
• b) Contribute to the effective abolition of child
  labour.
• c) Contribute to the elimination of all forms of
  forced or compulsory labour.
• d) Not discriminate against their employees ().
• 2. a) Provide facilities to employee
  representatives as may be necessary to assist in
  the development of effective collective
  agreements.
• b) Provide information to employee
  representatives which is needed for meaningful
  negotiations on conditions of employment.
• c) Promote consultation and co-operation between
  employers and employees and their representatives
  on matters of mutual concern.
• 3. Provide information to employees and their
  representatives which enables them to obtain a
  true and fair view of the performance of the
  entity or, where appropriate, the enterprise as a
  whole.
• 4. a) Observe standards of employment and
  industrial relations not less favourable than
  those observed by comparable employers in the
  host country.
• b) Take adequate steps to ensure occupational
  health and safety in their operations.
• 5. In their operations, to the greatest extent
  practicable, employ local personnel and provide
  training (..) in co-operation with employee
  representatives and, where appropriate, relevant
  governmental authorities.
• 6. In considering changes in their operations
  which would have major effects upon the
  livelihood of their employees, in particular in
  the case of the closure of an entity involving
  collective lay-offs or dismissals, provide
  reasonable notice of such changes to
  representatives of their employees, and, where
  appropriate, to the relevant governmental
  authorities, and co-operate with the employee
  representatives and appropriate governmental
  authorities so as to mitigate to the maximum
  extent practicable adverse effects. In light of
  the specific circumstances of each case, it would
  be appropriate if management were able to give
  such notice prior to the final decision being
  taken.(...)
• 7. In the context of (..) negotiations with
  representatives of employees on conditions of
  employment, or while employees are exercising a
  right to organise, not threaten to transfer the
  whole or part of an operating unit from the
  country concerned nor transfer employees from the
  enterprises component entities in other
  countries in order to influence unfairly those
  negotiations or to hinder the exercise of a right
  to organise.
• 8. Enable authorised representatives of their
  employees to negotiate on collective bargaining
  or labour-management relations issues and allow
  the parties to consult on matters of mutual
  concern with representatives of management who
  are authorised to take decisions on these
  matters.

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TUAC trade union advisory committee to the OECD
?CSC commission syndicale consultative aupres de
OCDE
Are the Guidelines an effective tool for
advancing corporate accountability? Or are they a
failure?

• The number of cases is inappropriate to assess
  the usefulness of the Guidelines
• The process of resolving problems does not
  necessarily lead to a complaint
• The fact that companies facing potential damage
  to their reputation causes them often to change
  their conduct and to respect the Guidelines
• However, there are serious obstacles regarding an
  effective implementation of the Guidelines
• the business uptake of the guidelines has been
  very disappointing according to a survey
  conducted in 2003 only 12 out the FTSE 100
  actually referred to the Guidelines. Business
  federations like the CBI in the UK or BDI in
  Germany have played their part in slowing down
  company uptake.
• most governments fail the acid test
  implementation of the Guidelines has remained
  half-hearted, many NCPs are lacking the will as
  well as the ability to act.
• Voluntarism, despite its limits, is not at the
  roots of the problem

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TUAC trade union advisory committee to the OECD
?CSC commission syndicale consultative aupres de
OCDE

• Analysis assessing how effectively the Guidelines
  have been implemented can be summarised as
  follows (I)
• 1) There is a lack of due process
• Procedures for the consideration of complaints
  are anything but clear (complainants must be
  given the opportunity to respond to comments on
  the case received by the NCP, the decision making
  process must be clarified, NCPs must maintain
  impartiality)
• Often complaints are not resolved in a timely and
  transparent manner (on average, NCPs take 13
  month to deal with a case), companies have tried
  to delay and obstruct the handling of complaints
• NCPs dont always act as a honest broker, the
  parties involved in a case are not treated
  equally (if a complaint has been filed, many NCPs
  would approach the company first in order to
  discuss an initial assessment and only then with
  the complainant)
• In investigating seriously guidelines-related
  issues, some NCPs dont act independently of
  other government interests.

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TUAC trade union advisory committee to the OECD
?CSC commission syndicale consultative aupres de
OCDE

• Analysis assessing how effectively the Guidelines
  have been implemented .(II)
• 2) The applicability of the guidelines has been
  narrowed
• The scope of the guidelines has been limited to
  an investment link. That is in a contrast to the
  underlying principles. They apply to all business
  operations, including the supply chain.
• Many NCPs are reluctant to declare violations of
  the guidelines.
• NCPs are not sufficiently prepared to use the
  guidelines as an instrument for holding companies
  to account for breaches of the guidelines.