Grupo Santander Brasil V Sindicato dos Bancários e Financiários de São Paulo, Osasco e Região

Overview

NCP Decision Rejected
Current Status Closed
Date Submitted 04/08/2010
Date Closed 04/10/2013
Case Duration 165 weeks and 2 days
Host Country Brazil  (Adhering Country)
Issue(s) Failure to negotiate with trade unions
Provisions Cited IV.1-a   
Developments The case was accepted on the 6 December 2012.
Outcome The NCP closed the case because the demand was made more than 12 months after the event.

Organisations

Lead NCP Brazil NCP : Interministerial Body 

Companies

Multinational Company Banco Santander (Home country: Spain)
Subsidiary Banco Santander Brasil (Home country: Brazil)

Complainants

Lead Complainant Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região

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

TUAC Assessment

TUAC considers that the time period elapsed since the violations is not grounds for rejecting case and is out of line with the rules of the OECD Guidelines.