Chapter I.2: Obey domestic law but also the principles and standards of the Guidelines

Obeying domestic laws is the first obligation of enterprises. The Guidelines are not a substitute for nor should they be considered to override domestic law and regulation. While the Guidelines extend beyond the law in many cases, they should not and are not intended to place an enterprise in situations where it faces conflicting requirements. However, in countries where domestic laws and regulations conflict with the principles and standards of the Guidelines, enterprises should seek ways to honour such principles and standards to the fullest extent which does not place them in violation of domestic law.


All Cases  Closed Cases   Overdue Cases (more than 12 months)
Title sort up sort down Issue Host Country(s) Lead NCP Date submitted NCP Decision Current status sort up sort down Duration sort up sort down Positive outcome
Natixis and Natixis Global Asset Management (NGAM) V UNITE HERE Local 11

Interference with the right to organise

US

France NCP


14/09/2016

Accepted

Closed

Duration not known
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VimpelCom V UNI Global Union

Retaliation against trade unionists; dismissals of trade unionists; interference in the right to organise

Bangladesh

Netherlands NCP


07/07/2016

Accepted

Suspended

Duration so far 131 weeks and 6 days
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Ripley Corp S.A. V UNI Global Union and UNI Americas

Anti-union activities; intimidation; corrupt practices

Chile

Chile NCP


03/06/2014

Accepted

Withdrawn

Closed on 01/08/2015
60 weeks and 4 days
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Starbucks V Sindicato de Trabajadores de Starbucks Coffee Chile S.A.

Anti-union campaign; interference with the right to organise; refusal to engage in collective bargaining on wages; retaliation against unionised workers; providing misleading information; corrupt practices

Chile

Chile NCP


28/05/2014

Accepted

Closed

Closed on 01/06/2015
52 weeks and 5 days
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Mondelēz International V International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Association (IUF) (Pakistan)

Right to collective bargaining; abusive use of contract labour

Pakistan

US NCP


18/12/2013

Accepted

Closed

Closed on 06/06/2014
24 weeks and 2 days
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PROSEGUR AB v UNI Global Union

Interference with the right to organise; evasion of collective bargaining obligations; harassment of trade union organisers and activists.

Brazil
Colombia
Paraguay
Peru

Spain NCP


26/11/2013

Accepted

Ongoing

Duration so far 268 weeks and 1 days

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Atento V Bank Workers Union of São Paulo, Osasco

Failure to pay the national minimum wage

Brazil

Brazil NCP


28/02/2012

Accepted

Withdrawn

Closed on 28/01/2015
152 weeks and 1 days
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Suez Environnement V Utility Workers Union of America (UWUA) and Food and Water Watch

With-holding information required for bargaining and manipulating water quality monitoring results

US

US NCP


08/06/2011

Decision Pending

Withdrawn

Closed on 29/02/2012
38 weeks and 0 days
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