- Date filed
- 26 May 2023
- Keywords
- Countries of harm
- Current status
-
No resolution
- Sector
- NCP
Allegations
On 26 May 2023, CNV International, SOLIFONDS (a foundation formed by unions and development organisations), the Swiss Trade Union Confederation, and Andaychagua Mining and Metal Workers Union of Volcan Compañía Minera filed a complaint against Glencore International AG to the Swiss NCP. The complaint alleges that Glencore, a Swiss-headquartered commodity trading and mining company, has not conducted adequate due diligence on its shareholding in Volcan Mining Company, a Peruvian mining company it controls, which is violating employees’ rights to negotiate their terms and conditions of employment and to form and join trade unions. Specifically, the Volcan Mining Company refuses to recognise the Andaychagua Union as a fundamental actor in collective bargaining processes, even though the Union is fully registered as a trade union organisation in Peru.
Relevant OECD Guidelines
- Chapter I
- Chapter I Paragraph 2
- Chapter IV
- Chapter IV Paragraph 5
- Chapter V
- Chapter V Paragraph 1 a
- Chapter V Paragraph 1 b
Outcome
On 20 February 2024, the Swiss NCP published its initial assessment accepting the complaint and offering the parties its good offices, which both accepted.
On 28 August 2024, the NCP published its final statement. In May 2024, the NCP was informed about Glencore having divested from Volcan and concluded that a basis for mediation no longer existed because the parties intended to negotiate a forward-looking solution to the issues raised in the complaint. The NCP recommended for Glencore to inform the new owner of Volcan’s shares about the recommendations in the OECD Guidelines on collective bargaining as well as the similar complaint pending (filed by a union) at the Peruvian NCP.
More details
- Defendant
- Company in violation
- Other companies involved
- Complainants
- Affected people
- Other NCP's where the complaint was filed
- Date rejected / concluded
- 28 August 2024