ASAHI GLASS CO., LTD. V Korean Confederation of Trade Unions (KCTU) and Korean Metal Workers' Union (KMWU)

Overview

NCP Decision Accepted
Current Status Ongoing
Date Submitted 05/08/2015
Case Duration 175 weeks and 2 days so far
Host Country South Korea  (OECD member)
Issue(s) Retaliation for forming a trade union; contract workers
Provisions Cited II.A.2  II.A.3  II.A.4  II.A.11  II.A.13  II.A.14  IV.1  IV.2  IV.6  V.1-a  V.3  V.6  V.7  V.8   
Case Description In August 2015, the Korean Confederation of Trade Unions (KCTU) and Korean Metal Workers Union filed a complaint at the South Korean NCP against the Japanese multinational enterprise, AGC Asahi Glass, for violations of trade union rights at its subsidiary Asahi Glass Fine Techno Korea. The contract workers are employed by a labour agency, but work for Asahi Glass Fine Techno Korea. When the contract workers established a trade union, the Asahi Glass Fine Techno Korea unilaterally terminated the subcontracting contract so that the workers lost their jobs.

Organisations

Lead NCP South Korea NCP : Independent Expert Body 

Companies

Multinational Company AGC ASAHI GLASS (Home country: Japan)
Local Company Asahi Glass Fine Techno Korea (Home country: South Korea)

Complainants

Lead Complainant KMWU : National Sectoral Union 
Lead Complainant KCTU- Korea : National Centre 
Supporting Complainant Japan NCP : Interministerial Body 
Affected Party Asahi Glass In-house Subcontracting Workers Union : Company Union 

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