Chapter V.7: Do not threaten to transfer operations or workers in order to influence negotiations

In the context of bona fide negotiations with workers‟ representatives on conditions of employment, or while workers are exercising a right to organise, not threaten to transfer the whole or part of an operating unit from the country concerned nor transfer workers from the enterprises' component entities in other countries in order to influence unfairly those negotiations or to hinder the exercise of a right to organise.


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 131 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 180 weeks and 0 days

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Nissan V United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) and IndustriALL

Interference with the right to organise, anti-union campaigns

US

US NCP


28/04/2014

Accepted

Closed

Closed on 30/01/2015
39 weeks and 4 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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HeidelbergCement Group V Confederation of Indonesian Trade Unions and IndustriALL

Freedom of association; reprisals against trade unions; violence against trade unions

Indonesia

Germany NCP


29/05/2013

Accepted

Closed

Closed on 21/05/2014
51 weeks and 0 days
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Deutsche Post DHL V UNI Global Union and the International Transport Workers Federation (ITF)

Anti-union campaigns; reprisals against trade unions; infringements of the right to join a trade union and to engage in collective bargaining; abusive use of contract labour.

Colombia
Guatemala
Indonesia
Malawi
Norway
Panama
South Africa
Turkey
Vietnam

Germany NCP


21/11/2012

Accepted

Closed

Closed on 20/01/2014
60 weeks and 5 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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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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Abbott Pharmaceuticals V Korean Confederation of Trade Unions (KCTU)

Not known

South Korea

South Korea NCP


16/10/2009

Rejected

Closed

Closed on 01/03/2011
71 weeks and 4 days
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Häagen-Dazs (General Mills) V Korean Confederation of Trade Unions (KCTU)

Not known

South Korea

US NCP


15/10/2009

No Decision

Withdrawn

Closed on 15/11/2009
4 weeks and 3 days
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Itaú Unibanco V Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região and CUT-Brazil

Suppressing a strike

Brazil

Brazil NCP


22/09/2009

Accepted

Closed

Closed on 30/03/2015
287 weeks and 6 days
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Nestlé V International Union of Food Workers (Russia)

Refusal to engage in collective bargaining on wages

Russia

Switzerland NCP


11/02/2008

Accepted

Closed

Closed on 29/09/2008
33 weeks and 0 days
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British American Tobacco (BAT) V Malaysian Trades Union Congress (MTUC)

Right to trade union representation

Malaysia

UK NCP


11/12/2007

Accepted

Closed

Closed on 04/03/2011
168 weeks and 3 days
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Unilever PLC, India (Doom Dooma) V International Union of Food Workers (IUF)

Use of precarious work to deny workers the right to freedom of association and to collective bargaining in violations of ILO Conventions 87 and 98

India

UK NCP


01/10/2007

Accepted

Closed

Closed on 18/10/2010
159 weeks and 0 days
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Chong Won Trading V Korean Confederation of Trade Unions (KCTU) and Chongwon Union (Philippines)

Threat to close down the factory should the union be formed: right to trade union representation; bribery

Philippines

South Korea NCP


03/09/2007

Rejected

Closed

Duration not known
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Il-Kyoung Co Ltd. V Korean Confederation of Trade Unions, Korean House for International Solidarity and Workers Assistance Center

Right to trade union representation, anti-union activities, sex discrimination, violence, bribery

Philippines

South Korea NCP


03/09/2007

No Decision

No Information

Duration so far 593 weeks and 2 days
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Nestlé V International Union of Food Workers (IUF) (UK)

Threat to transfer production

UK

UK NCP


02/10/2006

Accepted

Closed

Closed on 01/10/2007
52 weeks and 0 days
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InBev V International Union of Food Workers

Violation of trade union rights

Montenegro

Belgium NCP


01/07/2006

Accepted

Withdrawn

Closed on 13/06/2007
49 weeks and 4 days
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British American Tobacco (BAT) V International Union of Food Workers (US)

Anti-union campaign

US

US NCP


04/05/2006

Rejected

Closed

Duration not known
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Formica Corporation V CUT Brazil and the Sindicato de Quimicos de ABC

Dismissal of trade union representatives without cause

Brazil

Brazil NCP


12/12/2005

Accepted

Closed

Closed on 20/02/2008
114 weeks and 2 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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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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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 749 weeks and 2 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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Nestlé V Korean Confederation of Trade Unions (KCTU) International Union of Food Workers and the International Federation of Chemical, Energy, Mine and General Workers’ Union (ICEM)

Sub-contracting workers; failure to engage in construction negotiations; threat to re-locate/transfer in the context of a collective bargaining dispute

South Korea

South Korea NCP


26/09/2003

Accepted

Closed

Closed on 01/04/2004
26 weeks and 6 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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ChoiShin Co Ltd.V ITGWLF, FKTU and KCTU

Anti-union campaign, which included harassment and threats against workers

Guatemala

South Korea NCP


19/03/2002

Accepted

Closed

Closed on 01/07/2003
67 weeks and 0 days
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Trico Marine Services

Denying employees right to representation by the Federation of Maritime Unions; harassment and intimidation

US

US NCP


02/02/2001

Rejected

Closed

Closed on 12/12/2002
96 weeks and 6 days
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