Deutsche Post DHL V UNI Global Union and the International Transport Workers Federation (ITF)

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 21/11/2012
Date Closed 20/01/2014
Case Duration 60 weeks and 5 days
Host Countries Colombia  (Adhering Country)
Guatemala  (Non-adhering country)
Indonesia  (OECD Enhanced Engagement)
Malawi  (Non-adhering country)
Norway  (OECD member)
Panama  (Non-adhering country)
South Africa  (OECD Enhanced Engagement)
Turkey  (OECD member)
Vietnam  (Non-adhering country)

Issue(s) Anti-union campaigns; reprisals against trade unions; infringements of the right to join a trade union and to engage in collective bargaining; abusive use of contract labour.
Provisions Cited IV.1  IV.2  IV.3  IV.4  IV.5  V.1-a  V.1-b  V.2-a  V.3  V.7   
Case Description In November 2012, UNI Global Union and the International Transport Workers Federation (ITF) submitted a case to the German NCP concerning labour violations by Deutsche Post-DHL in a number of countries around the world. The complaint describes anti-union activities including reprisals against trade unionists in breach of Chapter V (Employment and Industrial Relations) and Chapter IV (Human Rights) of the OECD Guidelines. The complaint also focuses on the responsibility of Deutsche Post-DHL to conduct effective human rights due diligence. The trade unions have requested that the German NCP offer its good offices for mediation with a view to problem-solving and finding mechanisms to improve the effectiveness of human rights due diligence.
Developments The German NCP partially accepted the case and offered the parties mediation. Deutsche Post-DHL agreed to participate in mediation.
Outcome Following mediation the parties reached an agreement. The German NCP published a Joint Statement.

Organisations

Lead NCP Germany NCP : Single Department with Interagency Working Group 

Companies

Multinational Company Deutsche Post DHL (Home country: Germany)

Complainants

Lead Complainant International Transport Workers' Federation (ITF) : Global Union Federation 
Lead Complainant UNI Global Union : Global Union Federation 

Related Documents

German National Contact Point  [Publication date: 20/1/2014] 'Joint final statement by the German National Contact Point... UNI Global Union (UNI) and International Transport Workers´ Federation (ITF) and Deutsche Post DHL (DP-DHL) on the complaint by UNI/ITF against DP-DHL/Bonn'
   http://www.bmwi.de/English/Redaktion/Pdf/oecd-ac-final-statement-itf-dhl,proper
   ty=pdf,bereich=bmwi2012,sprache=en,rwb=true.pdf
[Date URL accessed: 26/5/2014]

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