ETEX v Building and Wood Workers’ International (BWI) and Federación de Obreros Ceramistas de la República Argentina (FOCRA)

Overview

NCP Decision Accepted
Current Status Ongoing
Date Submitted 26/02/2016
Case Duration 146 weeks and 2 days so far
Host Country Argentina  (Adhering Country)
Issue(s) Failure to cooperate with trade unions on the employment effects of re-structuring; failure to provide timely and accurate information on the economic performance; failure to conduct due diligence to identify and address adverse employment effects.
Provisions Cited II.A.10  II.A.11  III.1  III.2-a  III.2-b  III.2-f  III.2-g  IV.1  IV.2  IV.4  IV.5  V.1-b  V.2-b  V.2-c  V.3  V.6  V.8   
Case Description In February 2016, the Global Union Federation Building and Wood Workers’ International (BWI), and its affiliate the Ceramic Workers' Union of the Republic of Argentina (FOCRA) filed a complaint at the Belgian NCP against the Belgian multinational enterprise Etex for dismissing workers at its subsidiary, Cerámica San Lorenzo, in Argentina without cooperating with trade unions to mitigate the adverse employment effects.

The complaint was filed at the Belgian NCP rather than the Argentinean NCP because the decision to dismiss the workers was taken by ETEX HQ in Belgium and because of the failure of ETEX HQ to conduct due diligence in line with the OECD Guidelines.

Developments On 25 April 2016, the Belgian NCP met with representatives of Etex. Both BWI and Etex both provided additional information to the Belgian NCP during the months of May and June.

On 14 July 2016, the Belgian NCP published its initial assessment, which stated that it had accepted the specific instance. The Belgian NCP offered its support in facilitating dialogue between the parties.

Organisations

Lead NCP Belgium NCP : Tripartite (involving several government departments and the social partners) 
Supporting NCP Argentina NCP : Single Government Department 

Companies

Multinational Company ETEX Group (Home country: Belgium)
Subsidiary Cerámica San Lorenzo (Home country: Argentina)

Complainants

Lead Complainant FOCRA : National Sectoral Union 
Lead Complainant BWI : Global Union Federation 

Related Documents

Belgium NCP  [Publication date: 16/7/2016] 'Evaluation Initiale de la circonstance spécifique Etex : Building and Wood Workers’ International (BWI)'
   http://economie.fgov.be/fr/binaries/Communiqu%C3%A9%20Evaluation%20Initiale%20E
   tex-BWI_tcm326-279687.pdf
[Date URL accessed: 19/6/2017]

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