Unibanco V CONTRAF-CUT Brazil and Federación de Trabajadores Bancarios y Afines, Paraguay

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 21/02/2007
Date Closed 14/09/2012
Case Duration 290 weeks and 2 days
Host Country Paraguay  (Non-adhering country)
Issue(s) Dismissal and harassment of trade unionists
Provisions Cited II.2  IV.1-a  IV.1-d   
Case Description In February 2007, the Brazilian trade union confederation CUT submitted a case against the Brazilian bank Unibanco. The case concerned the operations of its subsidiary Interbanco Paraguay, which is owned (99.99%) by the Unibanco Group.

Interbanco Paraguay is alleged to have dismissed a trade union leader after 9 years and 5 months of service in order to prevent the trade union leader from reaching 10 years of service after, which she would be entitled to a permanent employment contract. The employee was pregnant at the time and Interbanco had been informed about the preganancy. The employee was later reinstated as a result of a court order, but continues to be harassed by her employer.

Developments In May 2009 the Brazilian NCP reported that it had sent out a list of questions to the lead complainant, CUT.

In its 2010 Annual report to the OECD, the Brazilian NCP stated that it was focusing on dealing with new cases and that it expected to take some time to clear the backlog of old cases.

Outcome On 22 August 2012, the NCP Brazil received a request from the Bank Workers Union of São Paulo, Osasco and Region to close the
complaint, which had been resolved through direct negotiations between the parties.

Organisations

Lead NCP Brazil NCP : Interministerial Body 

Companies

Multinational Company Unibanco
Subsidiary Interbanco (Home country: Paraguay)

Complainants

Lead Complainant CONTRAF-CUT : National Sectoral Union 

Related Documents

OECD  [Publication date: 14/9/2012] 'FINAL STATEMENT Unibanco / CONTRAF-CUT Complaint NCP Nº 05/2007'
   http://mneguidelines.oecd.org/database/ncp/Unibanco-2007.pdf [Date URL accessed: 10/6/2015]

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