MOLEX Automotive SARL V Fédération des Travailleurs de la Métallurgie CGT (FTM-CGT), la FGMM-CFDT, la CFE-CGC métallurgie, FO métaux et la Fédération Internationale des Organisations de travailleurs de la Métallurgie (FIOM)

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 28/02/2011
Date Closed 20/12/2013
Case Duration 146 weeks and 4 days
Host Country France  (OECD member)
Sector Electrical and Electronics 
Issue(s) Closure of a factory without consultation
Provisions Cited IV.6   
Case Description In February 2011, the French trade unions submitted a case to the French NCP concerning violations of the Employment and Industrial Relations Chapter of the Guidelines by a subsidiary of the US MNE Molex. The complaint describes how failed to inform and consult with workers and their reprsentatives as required under the Guidelines when they closed their factory at VILLEMUR SUR TARN.
Outcome The NCP found that the MOLEX Automotive SARL had not respected the provisions of the Guidelines on providing information and cooperation with workers and their representatives.

Organisations

Lead NCP France NCP : Tripartite (involving several government departments and the social partners) 

Companies

Multinational Company Molex (Home country: US)

Complainants

Lead Complainant Confédération Générale du Travail (CGT) : National Centre 

Related Documents

La Montagne  [Publication date: 2/3/2011] 'Recours des Molex devant l'OCDE : une procédure rare mais parfois efficace'
   http://www.lamontagne.fr/france_monde/national/une_femme_sequestree_durant_plus
   _d_une_semaine_dans_le_cher_7_mis_en_examen@CARGNjFdJSsBHxwAChg-.html
[Date URL accessed: 22/8/2011]

French NCP  [Publication date: 20/12/2012] 'MOLEX: Communiqué du Point de contact national français chargé du suivi des principes directeurs de l’OCDE à l’intention des entreprises multinationales'
   http://www.tresor.economie.gouv.fr/File/375195 [Date URL accessed: 23/6/2013]

[Publication date: 20/12/2012] 'MOLEX: Communiqué of the French National Contact Point for the OECD Guidelines for Multinational Enterprises'
   http://www.tresor.economie.gouv.fr/File/401148 [Date URL accessed: 15/10/2014]

TUAC Analysis

Did the NCP publish its initial assessment? status-icon
Did the case involve parallel proceedings? status-icon
Was the existence of parallel proceedings an obstacle to the NCP accepting the case? status-icon
Was the businsess relationship other than that of a subsidiary? status-icon
Was the nature of the business relationship an obstacle to the NCP accepting the case? status-icon
Did the NCP inform other relevant government departments about its acceptance of this case? status-icon
Did the NCP offer mediation or conciliation? status-icon
Did the company accept the offer of mediation or conciliation? status-icon
Did the complainant(s) accept the offer of mediation or conciliation? status-icon
Was mediation or conciliation held? status-icon
Was mediation or conciliation conducted by a professional mediator? status-icon
Did the parties reach agreement? status-icon
If yes, did the NCP publish this agreement following the consent of the parties? status-icon
If mediation was refused or failed did the NCP make an assessment of whether the company had breached the Guidelines? status-icon
Did the NCP conduct in-host country fact finding? status-icon
Did the NCP make recommendations to the company on the future implementation of the Guidelines? status-icon
Did the NCP publish its final statement or report? status-icon
Did the NCP provide for follow-up of the agreement/recommendations? status-icon
Did the NCP inform other relevant government departments about its final statement or report? status-icon
Did the NCP inform public pension funds about its final statement or report? status-icon
Did the NCP apply any consequences in this case? status-icon
Did the NCP follow the indicative timescales set out in the procedural guidance? status-icon
Was there a positive outcome for the workers involved in this case? status-icon
Did the filing of the case under the Guidelines have a positive impact for the workers involved? status-icon
Did the lead NCP play a positive role? status-icon
If different, did the home NCP play a positive role? status-icon