Chapter V.6: Provide information on changes in operations with major employment effects

In considering changes in their operations which would have major employment effects, in particular in the case of the closure of an entity involving collective lay-offs or dismissals, provide reasonable notice of such changes to representatives of the workers in their employment and their organisations, and, where appropriate, to the relevant governmental authorities, and co-operate with the worker representatives and appropriate governmental authorities so as to mitigate to the maximum extent practicable adverse effects. In light of the specific circumstances of each case, it would be appropriate if management were able to give such notice prior to the final decision being taken. Other means may also be employed to provide meaningful co-operation to mitigate the effects of such decisions.


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
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 166 weeks and 3 days
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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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E Ink Holdings Inc. V Korean Confederation of Free Trade Unions (KCTU), Korean Metal Workers' Union (KMWU) and Hydis Local, Korean Metal Workers' Union

Failure to consult with trade unions on restructuring with employment effects; failure to provide trade unions with timely and accurate information

South Korea

South Korea NCP


31/08/2015

Decision Pending

Ongoing

Duration so far 210 weeks and 6 days

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

Retaliation for forming a trade union; contract workers

South Korea

South Korea NCP


05/08/2015

Accepted

Ongoing

Duration so far 214 weeks and 4 days

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Tower Semiconductor Ltd V RENGO

Non-payment of severance pay, following closure

Japan

Japan NCP


18/08/2014

Accepted

Closed

Closed on 30/09/2016
110 weeks and 4 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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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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MOLEX Automotive SARL V Fédération des Travailleurs de la Métallurgie CGT (FTM-CGT), la FGMM-CFDT, la CFE-CGC métallurgie, FO métaux et la Fédération Internationale des Organisations de travailleurs de la Métallurgie (FIOM)

Closure of a factory without consultation

France

France NCP


28/02/2011

Accepted

Closed

Closed on 20/12/2013
146 weeks and 4 days
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Eaton Corporation Group v Federazione Impiegati Operai Metallurgici (FIOM-CGIL)

Factory closure

Italy

Italy NCP


24/02/2011

Accepted

Closed

Closed on 31/12/2012
96 weeks and 4 days
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Brinks V Ministry of Economy, Belgium

Company restructuring and labour violations

Belgium

Belgium NCP


30/11/2010

Accepted

Closed

Closed on 20/01/2011
7 weeks and 2 days
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Unilever V CUT-BRAZIL

Closure of the factory without due notice or consultation and without payment of severance payments

Brazil

Brazil NCP


25/11/2010

Accepted

Ongoing

Duration so far 459 weeks and 3 days

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Xstrata Plc V Construction, Forestry, Mining & Energy Union (CFMEU)

Undermining collective bargaining; failure to consult on major workplace restructuring; failure to redeploy workers made redundant

Australia
Switzerland

Australia NCP


11/10/2010

Accepted

Closed

Closed on 08/06/2011
34 weeks and 2 days
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Cargill V International Union of Food Workers (IUF)

Refusal to negotiate with the trade union

Papua New Guinea

US NCP


29/04/2010

Rejected

Closed

Closed on 05/05/2011
53 weeks and 0 days
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Valeo V Korean Metal Workers' Union (KMWU)

Closure of a factory without prior information or consultation and massive lay-offs

South Korea

South Korea NCP


24/03/2010

Suspended

Suspended

Duration so far 494 weeks and 4 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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Vale do Rio Doce SA V CUT Brazil

Failure to consult with trade union on laying off workers and breaching the collective bargaining agreement

Brazil

Brazil NCP


05/03/2009

No Decision

Withdrawn

Duration so far 549 weeks and 3 days
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EMBRAER S.A. V CUT BRAZIL

Failure to consult with trade unions on lay-offs

Brazil

Brazil NCP


26/02/2009

No Decision

Withdrawn

Duration so far 550 weeks and 3 days
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Delta Airlines V Association of Flight Attendants

Interference with the right to organise

US

US NCP


10/09/2008

Rejected

Closed

Closed on 08/01/2009
17 weeks and 1 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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Laurens van der Kroft Textiel V the International Textile, Garment and Leather Workers’ Federation (ITGLWF)

Forced resignation of union members and relocation without consultation with union members

Turkey

Netherlands NCP


Turkey NCP


04/12/2006

Accepted

Closed

Closed on 03/05/2007
21 weeks and 3 days
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Unilever PLC India V International Union of Food Workers (IUF) (SEWRI, India)

Failure to abide by national law; illegal transfer of ownership; illegal company closure; failure to engage in collective bargaining

India

UK NCP


03/10/2006

Accepted

Closed

Closed on 09/11/2009
161 weeks and 6 days
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Lafarge Group V Korean Chemical and Textile Workers Federation (KCTF)

Union-busting/anti-union behaviour/outsourcing

South Korea

South Korea NCP


01/10/2006

Accepted

Closed

Duration not known
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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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GP Garments V ITGLWF

Freedom of association; dismissals of striking workers; refusal to disclose ownership or structure; threat to close factory

Bangladesh

Belgium NCP


09/06/2005

Accepted

Closed

Closed on 01/10/2007
120 weeks and 4 days
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Unilever V Central Unitaria de Trabajadores de Chile (CUT) and Sindicato 1 at Unilever

Failure to consult on plant closures

Chile

Chile NCP


08/06/2005

Accepted

Closed

Closed on 01/11/2005
20 weeks and 6 days
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Imerys V Transport and General Workers Union (T&G)

UK

UK NCP


01/04/2005

Accepted

Withdrawn

Closed on 01/04/2006
52 weeks and 1 days
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Seves V Force Ouvrière

Threats of relocation as a means to win concessions in negotiations on working conditions

France

France NCP


09/02/2005

Accepted

Closed

Duration not known
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Bata V ITGLWF

Dismissed employees without any prior information or consultation with the union; right to trade union representation

Sri Lanka

Canada NCP


01/01/2005

Accepted

Closed

Closed on 01/11/2005
43 weeks and 3 days
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UPM Kymmene V the Communications, Energy and Paperworkers’ Union Canada

Closure; lack of disclosure, lack of negotiation and right to trade union representation

Canada

Canada NCP


29/11/2004

Rejected

Closed

Closed on 10/06/2005
27 weeks and 4 days
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Toyota Motor Corporation V Toyota Motor Philippines Corporation Workers' Association (TMPCWA)

Illegal dismissal of 233 union members who participated in a strike and the filing of criminal cases against union leaders

Philippines

Japan NCP


04/03/2004

Accepted

Suspended

Duration so far 810 weeks and 3 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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Unilever V CUT Brazil

Failure to consult or give information on plant closure

Brazil

Brazil NCP


27/10/2003

Accepted

Closed

Closed on 01/06/2004
31 weeks and 1 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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Metaleurop V Force Ouvrière (FO)

Failure to consult on company closure; environmental damage

France

France NCP


01/02/2003

Accepted

Closed

Duration not known
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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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Plaid Enterprises Inc. V FNV

Failure to inform workers on their decision to file for bankruptcy

Netherlands

Netherlands NCP


08/08/2002

Accepted

Closed

Closed on 01/12/2005
173 weeks and 0 days
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Continental V SNRTE

Closure of a factory without prior information being provided to the workers

Mexico

Mexico NCP


01/05/2002

Accepted

Closed

Closed on 01/01/2005
139 weeks and 3 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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