NCP Austria
This page provides information related to NCP Austria. Directly underneath, you find the scores of the NCP on the NCP Evaluation Project. The NCP is evaluated on the indicators with Yes, No or Partial/Not Applicable. The indicators are ordered per category. Only a few indicators per category are shown on this page. To see them all, click on “more…. indicators To see what indicator scores best among all NCPs go to the NCP Evaluation Overview. At the bottom, there is news related to the NCP.
Related complaints
In the OECD Watch Complaint Database you can find all the related complaints with NCP Austria
NCP considers only the six admissibility criteria set out in the Guidelines and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP considers only the six admissibility criteria set out in the Guidelines.
Source
Case-handling procedures, paragraph 4.4.3: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP assesses the issues raised even if mediation is declined by a party and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that if one of the parties declines the NCP's good offices, the NCP's final statement will 'describe the issues raised, the parties' identity and respective positions as appropriate, the steps taken by the Austrian NCP in considering the complaint, the parties' readiness to engage in the proceedings and the reasons for discontinuing them and explain the relevance of the grievance procedure for the effective implementation of the OECD Guidelines. However it does not state that it will examine the issues.
Source
Case-handling procedures, paragraph 4.7.1: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP website shows case-handling procedures for complaint handling in national language(s) and English.
Evaluation
The Austrian NCP has published its case-handling procedures in German and English.
Source
Case-handling procedures in German: https://www.bmaw.gv.at/Themen/International/OECD-Leitsaetze-multinationale-Unternehmen-OeNKP.html
Case-handling procedures in English: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP.html
NCP does not allow companies to remain anonymous when a complaint is filed and/or has a commitment not to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that the identity of the parties involved may be kept confidential in some cases, such as when its disclosure could disadvantage one or both parties. This means that companies may be allowed to remain anonymous when a complaint is filed.
Source
Case-handling procedures, paragraph 5.9.2: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP allows complainants to withhold their identity from the company for security reasons, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that the identity of the parties involved may be kept confidential in some cases, such as when its disclosure could disadvantage one or both parties. This means that the NCP allows complainants to withhold their identity from the company in certain circumstances, including for security reasons.
Source
Case-handling procedures, paragraph 5.9.2: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The Austrian NCP provides fill-in forms in German, English, and French on how to file a complaint.
NCP follows the expected timeline for each stage of the complaint-handling procedure and communicates punctually with all complaint parties over the status of the complaint, including any reasonable delays, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that it follows the expected timelines. It states that complaints should be concluded within one year to avoid delays, but that external factors, such as translation, the involvement of multiple NCPs, or complaints involving non-adherent countries, can cause delays. The NCP will communicate any delays and reasons for these delays to the parties.
Source
Case-handling procedures, paragraph 5.11:
https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP website contains a permanent record of every complaint received by the NCP, including parties to the complaint, the issue(s) addressed, and the status of the complaint.
Evaluation
The Austrian NCP's website publishes a list of complaints received by the NCP, provides a summary for some of the complaints (in German only) and publishes the initial assessment and final statement for some of the complaints that include the listed details.
NCP prevents or addresses potential or perceived conflicts of interest of any person playing a role for the NCP in the complaint and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that it 'will seek to prevent conflicts of interest' and that an important aspect of engaging an external mediator is that there is no conflict of interests, but does not explain further how it will prevent conflicts of interest.
Source
Case-handling procedures, 2.1.5 and 4.6.1: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP recommends consequences from its government for companies that engage in bad faith in the proceedings or fail to implement agreements reached, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that the results of the complaints procedure can have major consequences, e.g. for the reputation of an enterprise or for public procurement and funding systems and will feed into the review process of Austria's national export credit agency Oesterreichische Kontrollbank AG.
Source
Case-handling procedures, paragraph 3.8: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP clarifies how it will engage with other NCPs in relation to the handling of complaints, including explaining when complaints may be jointly handled or transferred to other NCPs.
Evaluation
The Austrian NCP states that it 'will coordinate in good faith' with other NCP(s) 'with the goal of designating the lead and supporting NCPs' but doesn't explain when complaints may be jointly handled or transferred to other NCPs. It states that 'supporting activities include obtaining, checking or translating documents or liaising with relevant authorities' and coordination arrangements and that the parties will be kept informed.
Source
Case-handling procedures, 4.3.2: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP makes determinations in its final statements when no agreement is reached explaining how the company has (not) observed specific provisions of the Guidelines, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP does not make determinations in its final statements.
NCP ensures a low threshold to assess whether the issue is material and substantiated and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that a complaint is sufficiently substantiated when the allegations appear credible based on the parties' submissions and that there is a plausible link between the enterprise's activities and the issues raised.
Source
Case-handling procedures, paragraph 4.4.3: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP ensures it has access to and, where relevant, uses investigative resources and broad external subject-matter expertise to support its complaint handling functions, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that during mediation it can access and use information from competent authorities, experts, or other NCPs, and that the Steering Committee of the NCP (comprised of representatives from all three core stakeholder groups and government) can also provide advice.
Source
Case-handling procedures, paragraph 5.9: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
2023 Annual Report, B. Institutional arrangements – (b) Advisory body, question 6
NCP always engages in follow-up and publishes follow-up statements where relevant, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that it may engage in follow-up and may publish a follow-up statement. The NCP has done so in practice.
Source
Case-handling procedures, paragraph 5.12: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
Complaints database: https://www.bmaw.gv.at/Themen/International/OECD-Leitsaetze-multinationale-Unternehmen-OeNKP/Der-Beschwerdemechanismus.html
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The Austrian NCP states that it assists the parties with its expertise on the Guidelines with an aim to reach a mutally agreed solution that is compatible with the Guidelines. It does not specify that this should include a commitment by the company to further the implementation of the Guidelines in the future and, where relevant and as appropriate, address past harms.
Source
Case-handling procedures, paragraph 5.1: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP accepts complaints in national language(s) and English and covers the cost of translation of key filings and statements and interpretation during mediation, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that the language of the procedure is as a rule German, but also occasionally the parties may agree on English. There is no indication of whether the NCP covers translation and interpretation costs.
Source
Case-handling procedures, 5.9.1: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP holds mediation in the most accessible manner for complainants and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that it generally facilitates mediation at its Vienna offices, but the dialogue may take place elsewhere if beneficial to the process and agreed to by both parties. In practice, the NCP has held meetings between complaint parties in-person and via video call.
Source
Case-handling procedures, paragraph 5.9.1: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
Recent NCP complaint: https://www.oecdwatch.org/complaint/open-society-justice-initiative-vs-a1-telekom-austria/
NCP works to accept complaints despite parallel proceedings and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP accepts complaints despite parallel proceedings. It states that it will examine on a case-by-base basis whether conducting proceedings may make a positive contribution to resolving the issues raised, and whether no adverse impacts on other proceedings are to be expected. The NCP does not explain how it will work to accept complaints despite parallel proceedings, such as by partially accepting or temporarily suspending a complaint while other proceedings are ongoing, nor does it commit to consult with parties or the parallel grievance mechanism in question.
Source
Case-handling procedures, paragraph 5.2: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The Austrian NCP does not provide an external review process.
NCP consults parties on and publishes a final statement that includes the basic information required after the case reaches that stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that it provides the parties an opportunity to comment on its draft final statement, which is published online and includes the basic information required.
Source
Case-handling procedures, pargraph 5.10: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP website shows the initial assessment for every complaint received which is published after the initial assessment stage is concluded, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that initial assessments will be published on its website. However, its website currently only contains the initial assessment of the most recent complaint but not of other complaints.
Source
Case-handling procedures, paragraph 5.8.5: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
Complaints database: https://www.bmaw.gv.at/Themen/International/OECD-Leitsaetze-multinationale-Unternehmen-OeNKP/Der-Beschwerdemechanismus.html
NCP makes recommendations in its final statements on specific company action needed to support remediation of past harm and/or observe the Guidelines in future, and/or the NCP has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that whether or not the parties have reached an agreement, it may include recommendations in its final statement.
Source
Case-handling procedures, paragraphs 5.10.2 and 5.10.3: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP proclaims zero tolerance for reprisals against the NCP and implements measures to respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that 'threatening or taking reprisals against any of the parties involved including the Austrian NCP is unacceptable' and that it will 'take all reasonable and appropriate measures to counteract the risk of reprisals' and 'assist the individuals concerned as far as possible' including 'contact[ing] the competent authorities', 'keeping the identity of the person at risk confidential, suggesting that the person at risk be represented by a trusted third party, documenting attempted reprisals, reaching out to relevant authorities or embassies, etc'.
Source
Case-handling procedures, 5.1: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP proclaims zero tolerance for reprisals against complainants and assesses and implements measures to prevent and respond to (risks of) reprisals, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that 'threatening or taking reprisals against any of the parties involved including the Austrian NCP is unacceptable' and that it will 'take all reasonable and appropriate measures to counteract the risk of reprisals' and 'assist the individuals concerned as far as possible' including 'contact[ing] the competent authorities', 'keeping the identity of the person at risk confidential, suggesting that the person at risk be represented by a trusted third party, documenting attempted reprisals, reaching out to relevant authorities or embassies, etc'.
Source
Case-handling procedures, 5.1:
https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP supports transparency between the parties in the complaint process generally, including by the sharing of all relevant facts and arguments brought forward by each party during the proceedings with other parties, requiring confidentiality only over the personal identities of parties for security/privacy reasons or legitimately sensitive business information, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that all information submitted by the parties will be made available to all stakeholders unless there are legitimate interests 'such as protection of life and limb, of business and trade secrets' that preclude disclosure.
NCP supports transparency during the complaint process by allowing complainants to publish their own complaint and communicate about the stages of the process. The NCP requires confidentiality only over the personal identities of parties for security/privacy reasons, legitimately sensitive business information, and documents shared and discussions had during the mediation stage, and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Austrian NCP states that the parties 'may communicate publicly on the existence of the specific instance and the reason for the complaint' and that 'disclosure of any other information will be agreed on by the parties'. It states that 'conducting a public campaign against parties involved in the proceedings damages trust between the parties and jeopardises the success of the proceedings'. However, in a recent complaint, the NCP did not prevent the complainants from publishing the complaint text. It allows 'as much as the level of confidentiality that is necessary to establish a basis of trust for a constructive dialogue so permits' and that the identify of parties may be withheld if 'its disclosure could be of disadvantage to one or both parties'.
Source
Case-handling procedures, paragraph 2.1.3, 3.2, 4.6.2: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
Recent NCP complaint: https://www.oecdwatch.org/complaint/open-society-justice-initiative-vs-a1-telekom-austria/
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The Austrian NCP has a dedicated budget, but it is not published on its website.
Source
Annual Report 2023, question 12
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The Austrian NCP does not have an independent expert structure; it has a single agency structure.
Source
Annual Report 2023, question 1
NCP is not housed within a ministry focused on economics, trade, or investment to limit risk of real or perceived conflict of interest.
Evaluation
The Austrian NCP is housed in the Ministry of Labour and Economy.
Source
Annual Report 2023, question 1 – 5
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The Austrian NCP states that it is 'managed by its own head of unit with appropriate competences and powers who is a senior expert' but it is unclear whether the head is a senior government official.
Source
Annual Report 2023, question 2
NCP employs two or more full-time staff that hold permanent (non-rotating and not short-term) positions.
Evaluation
The Austrian NCP employs one full-time staff and two part-time staff that spend 50% and 25% of their time, respectively, on NCP work.
Source
Annual Report 2023, question 8 – 9
NCP has a multi-stakeholder advisory body involving all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses). The advisory body is meaningfully consulted by the NCP on its promotional and complaint-handling activities at least 2 times a year.
Evaluation
The Austrian NCP has a multi-stakeholder advisory body involving representatives from all three core stakeholder groups and government. Stakeholder representation on the Committee is unequal, with three members from business, one from trade unions, and one from civil society. The Committee planned to meet twice in 2023 but one meeting was delayed to January 2024 due to illness. The Committee has met in July 2024 and plans to meet again in December 2024.
Source
Annual Report 2023, question 6
Terms of reference of the Austrian NCP, section 1 and 4.1: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The Austrian NCP's Steering Committee is comprised of all three core stakeholder groups and its role includes consulting and potentiall providing advice to the NCP in all matters regarding implementation of the OECD Guidelines, including handling complaints.
Source
Terms of reference of the Austrian NCP, section 8(a): https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
Case-handling procedures, page 12: https://www.bmaw.gv.at/en/Topics/International/OECD-Guidelines-for-Multinational-Enterprises-and-the-Austrian-NCP/Activities-Austrian-NCP.html
NCP has a website that shows:
- Contact information for the NCP;
- Links to the Guidelines and translations of the Guidelines in national language(s) and English;
- Links to the OECD Due Diligence Guidance documents;
- A comprehensive description of the Guidelines, due diligence, and the dual mandate of the NCP in national language(s) and English; and
- The NCP’s most recent annual report to the OECD.
Evaluation
The Austrian NCP has a website that shows: contact information, a link to download the Guidelines and OECD Due Diligence Guidance in both English and German and an explanation of both, and a description of the mandate of the NCP. The annaul reports of the Austrian NCP to the OECD since 2011 until 2023 are available for download.
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The Austrian NCP has promoted the Guidelines and due diligence guidance to civil society specifically.
Source
Annual report 2023, question 26 & Annex, Table 1 & 2
NCPs annually promotes the Guidelines and due diligence guidance to its government.
Evaluation
The Austrian NCP promotes the Guidelines and due diligence guidance among trade and investment promotion agencies, trade missions, the Austrian Export Credit Agency, other government agencies, and relevant government officials.
Source
Annual Report 2023, question 49 – 50 & Annex, Table 1 & 2
NCP supports its government in developing, implementing, and fostering policies, programmes, and/or laws on responsible business conduct that are coherent with the Guidelines.
Evaluation
The Austrian NCP supported its government in negotiations on laws on responsible business conduct, specifically the EU Corporate Sustainability Due Diligence Directive. In 2023, the NCP met twice with its ministry to promote synergies between the OECD Guidelines and the CSDDD.
Source
Annual report 2023; questions 51 – 59