Chapter V.2-c: Provide information on company performance to workers

Provide information to workers and their representatives which enables them to obtain a true and fair view of the performance of the entity or, where appropriate, the enterprise as a whole.


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

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

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.

Argentina

Belgium NCP


26/02/2016

Accepted

Ongoing

Duration so far 185 weeks and 2 days

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Grupo Mexico v United Steelworkers (USW) and the National Union of Mine, Metal, Steel and Allied Workers of the Mexican Republic (Los Mineros)

Failure to respect the right to collective bargaining

Mexico
US

US NCP


18/02/2016

Accepted

Closed

Closed on 09/08/2016
24 weeks and 5 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Withdrawn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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Hyundai Motor Europe Technical Center GmbH (HMETC) V IG Metall

Undermining the Works Council; violations of the German Works Constitution Act

Germany

Germany NCP


04/04/2014

Accepted

Closed

Closed on 15/01/2015
40 weeks and 6 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 302 weeks and 5 days

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PepsiCo V International Union of Food Workers (IUF) (India)

Trade union rights; precarious work

India

US NCP


18/11/2013

Accepted

Closed

Closed on 19/05/2014
26 weeks and 0 days
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Michelin V Tamil Nadu Land Rights Federation, Thervoy Grama Makkal Munnerta Nala Sanga, CCFD-Terre Solidaire, Confédération Générale du Travail (CGT), Association Sherpa

Land rights; destruction of livelihoods; deforestation

India

France NCP


09/07/2012

Accepted

Withdrawn

Closed on 27/09/2013
63 weeks and 4 days
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Itaú Unibanco V Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região

Restructuring leading to dismissal without consultation or adequate steps to mitigate the adverse impacts

Brazil

Brazil NCP


05/12/2011

Accepted

Closed

Closed on 23/04/2013
72 weeks and 1 days
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América Móvil S.A.B. de C.V. V UNI Global Union, UNT, STRM, SITCOM and FESC

Unfair dismissal of trade unionists; trade union and human rights

El Salvador
Guatemala
Nicaragua

Mexico NCP


21/09/2011

Rejected

Closed

Closed on 01/06/2012
36 weeks and 2 days
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Roquette Frères V International Union of Food Workers, AFL-CIO and ICEM

Lock out of employees in violation of the right to good faith collective bargaining; and violation of the right to freedom of association.

US

US NCP


06/01/2011

Rejected

Withdrawn

Closed on 23/07/2011
28 weeks and 2 days
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Triumph International V Triumph International Thailand Labour Union, Bagong Pagkakaisa ng mga Manggagawa sa Triumph Int’l. Phils. Inc, Defend Job Philippines Organization Inc. and the Thai Labour Campaign

Dismissal of workers without notice or consultation; violation of the collective bargaining agreement

Philippines
Thailand

Switzerland NCP


02/12/2009

Accepted

Closed

Closed on 14/01/2011
58 weeks and 2 days
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Glencore International A.G. V CUT Peru

Termination of operations carried out by contracted mining companies without informing or consulting the workers

Peru

Peru NCP


23/03/2009

Accepted

Closed

Duration not known
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Global Hyatt V International Union of Food Workers

Replacement of permanent workers with agency and casual workers and refusal to engage in collective bargaining; right to trade union representation; lack of consultation and failure to give notice

Philippines

US NCP


23/03/2009

Rejected

Closed

Closed on 22/04/2011
108 weeks and 4 days
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Nestlé V International Union of Food Workers (Korea)

Refusal to disclose information in the context of collective bargaining concerning changes in industrial set-up including changes in ownership.

South Korea

South Korea NCP


18/03/2009

Rejected

Closed

Closed on 30/09/2009
28 weeks and 0 days
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Kongsberg Automotive V Norwegian United Federation of Trade Unions (Fellesforbundet)

The use of lockout in combination with hired labour

US

Norway NCP


25/08/2008

Accepted

Closed

Closed on 28/05/2009
39 weeks and 3 days
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Novartis V Austrian Union of Salaried Private Sector Employees

Lack of pior information and consultation on closure

Austria

Austria NCP


05/02/2008

Accepted

Closed

Closed on 01/07/2009
73 weeks and 1 days
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Tetra Pak V Korean Confederation of Trade Unions (KCTU)

Failure to negotiate and disclose information on closure of plant

South Korea

South Korea NCP


01/07/2007

Rejected

Closed

Closed on 01/11/2007
17 weeks and 4 days
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ABN Amro Bank V Confederación de Trabajadores del Sector Financier

Failure to engage in collective bargaining; failure; refusal to disclose information

Brazil

Brazil NCP


19/04/2007

Accepted

Closed

Closed on 14/09/2012
282 weeks and 1 days
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C&A V CUT BRAZIL and CONTRACTS

Failure to negotiate on profit sharing for workers

Brazil

Brazil NCP


01/01/2007

Accepted

Withdrawn

Closed on 17/05/2013
332 weeks and 4 days
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PSA Peugot Citroën V Amicus and the Transport and General Workers Union (T&G)

Plant closure

UK

UK NCP


28/07/2006

Accepted

Closed

Closed on 01/02/2008
79 weeks and 0 days
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Nestlé V National Confederation of Trade Unions Japan, Hyogo Prefectural Confederation of Trade Unions and Nestlé Japan Employees Union

Unfair labour practice and disclosure of information

Japan

Japan NCP


01/08/2005

Accepted

Closed

Closed on 19/11/2013
433 weeks and 1 days
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Banca Nazionale del Lavoro SA V Asociación Bancaria

Failure to disclose information

Argentina

Argentina NCP


01/12/2004

Accepted

Closed

Closed on 31/12/2008
213 weeks and 0 days
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Ryanair V FNV and FNV Bondgenoten

Right to trade union representation

Ireland
Netherlands

Netherlands NCP


01/11/2004

Rejected

Closed

Closed on 31/12/2005
60 weeks and 5 days
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Bridgestone V Local Union of Chemical, Energy and Mines

Dismissal of trade union officials for union activities

Indonesia

Japan NCP


06/09/2004

Suspended

No Information

Duration so far 783 weeks and 6 days
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Michelin V Sindicato Nacional de Trabajadores de Uniroyal SA de CV (SNTU)

Failure to inform or consult workers or trade unions on factory closures.

Mexico

Mexico NCP


01/02/2004

Suspended

Suspended

Duration so far 815 weeks and 0 days
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Locomotive Trading AG Hänibül V Czech-Moravian Confederation of Trade Unions

Right to trade union representation

Czech Republic

Czech Republic NCP


08/10/2003

Accepted

Closed

Closed on 01/02/2004
16 weeks and 4 days
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Bayer V DGB

Right to trade union representations Establishing a 'yellow' union

Philippines

Germany NCP


27/06/2003

Accepted

Closed

Closed on 29/06/2007
209 weeks and 0 days
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Parmalat V CUT-Brazil

Transfer of production and dismissal of workers without prior consultation.

Brazil

Brazil NCP


26/09/2002

Accepted

Closed

Closed on 01/04/2003
26 weeks and 5 days
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Hewlett Packard V FNV

Abrupt closure of an assembly plant, set up with considerable financial assistance by local, regional and national Government

Netherlands

Netherlands NCP


03/09/2002

Rejected

Closed

Closed on 01/01/2004
69 weeks and 2 days
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Aspocomp V Force Ouvrière

Failure to consult on the closure of a plant

France

France NCP


04/04/2002

Accepted

Closed

Closed on 13/11/2003
84 weeks and 0 days
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Wärtsilä V FNV

Closure without consultation or notice

Netherlands

Netherlands NCP


01/12/2001

Accepted

Withdrawn

Closed on 31/12/2001
4 weeks and 2 days
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Bata V CFDT and CGT

Failure to provide information reflected the company's true financial situation

France

France NCP


01/06/2001

Accepted

Closed

Closed on 01/12/2002
78 weeks and 2 days
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Marks and Spencer (Belgium) V FGTB and CSC

Failure to provide information prior to notice

Belgium

Belgium NCP


01/05/2001

Accepted

Closed

Closed on 23/12/2001
33 weeks and 5 days
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Marks and Spencer (France) V CFDT and FO

Closure without any prior consultations with workers: lack of information, lack of consultation, lack of notice

France

France NCP


01/04/2001

Accepted

Closed

Closed on 23/12/2001
38 weeks and 0 days
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