Hodecol S.A.S and the National Union of the Gastronomic, Hotel and Tourism Industry Workers of Colombia (SINTHOL)

Overview

NCP Decision Rejected
Current Status Closed
Date Submitted
Date Closed 01/03/2017
Case Duration weeks and days
Host Country Colombia  (Adhering Country)
Provisions Cited  
Case Description This information is taken from the OECD database:
http://mneguidelines.oecd.org/database/instances/co0001.htm

On 15 October 2016, the Colombian NCP received a submission by the National Union of the Gastronomic, Hotel and Tourism Industry Workers of Colombia (SINTHOL) alleging the non-observance of the Employment and Industrial Relations and Human Rights Chapters of the Guidelines by Hodecol S.A.S., a company headquartered in Panama, operating in Colombia.

On 8 November 2016, the NCP confirmed receipt of the specific instance to all parties and proceeded during the following months, to hold separate meetings with its consultative committee, the company and other entities involved in the case. During the course of the meetings, the NCP clarified the purpose and functioning of the specific instance and provided a space for parties to present their reasoning and arguments.

The submitter alleged non observance of the human rights to freedom of association and collective bargaining of unionized workers, petitioned for the company to be recognised as SINTHOL’s new employer and to recognise the existence of a workers' union by law.

The NCP did not offer mediation, considering that all petitions were currently being disputed in the courts. The case, and particularly the legal status of the company as an employer, is currently being decided by a national court in Colombia.

On 1 March 2017, the NCP issued an initial assessment not accepting the case. Despite not accepting the case, the NCP concluded that notwithstanding the ongoing court proceedings, the company is still expected to conduct due diligence in respect of adverse impacts it may cause or contribute to or those that may be directly linked to its operations, products or services by a business relationship.

The NCP recommended the company provide and create spaces for dialogue with SINTHOL, in order to mitigate and/or address adverse impacts.

Organisations

Lead NCP Colombia NCP : Single Department with Multi-stakeholder Advisory Board 

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 is concerned that this case was rejected by the Colombian NCP due to parallel proceedings.