NCP Czech Republic
This page provides information related to NCP Czech Republic. 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 Czech Republic
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 Czech NCP's case-handling procedures include the six admissability criteria set out in the Guidelines, but includes an additional admissibility criteria of whether the submission is made in good faith. This should not be considered as part of the admissibility criteria.
Source
Case-handling procedures, paragraph 3.14:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP states that even if a party rejects mediation the NCP will publish a final statement, including recommendations as to how the Guidelines should be implemented, meaning that it will conduct an assessment of the issues raised.
Source
Case-handling procedures, paragraph 3.28:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
NCP website shows case-handling procedures for complaint handling in national language(s) and English.
Evaluation
The Czech NCP has published its case-handling procedures in Czech and English.
Source
Case-handling procedures in Czech:
https://www.mpo.gov.cz/assets/dokumenty/41879/57176/612166/priloha002.pdf
Case-handling procedures in English:
https://www.mpo.gov.cz/en/foreign-trade/international-organizations-and-trade/oecd/national-contact-point-for-the-implementation-of-oecd-guidelines-for-multinational-enterprises—165673/
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 Czech NCP allows companies to remain anonymous when a complaint is filed. In a 2018 complaint for which the final statement was published in 2022, the NCP anonymised both the company and complainant names with their agreement.
Source
Link to the final statement of a case where the company has remained unnamed, page 5:
https://www.mpo.gov.cz/assets/cz/zahranicni-obchod/narodni-kontaktni-misto-pro-smernici-oecd/projednavani-stiznosti/2023/1/Zaverecna-zprava_EN.pdf
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 Czech NCP does not explicitly state that the NCP allows complainants to withhold their identity from the company for security reasons. The NCP states that, in its public statements, it may not disclose the identity of a party in order to protect their identity. There are no recent complaints to indicate the NCP's practice.
NCP offers guidance in both national language(s) and English on how to file complaints.
Evaluation
The Czech NCP provides guidance in both Czech and English on how to file complaints.
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 Czech NCP follows the expected timeline for each stage of the complaint procedure, but does not mention that the NCP will communicate with the parties over the status of the complaint, especially when there are delays. In a 2018 complaint for which the final statement was published in 2022, the NCP mentioned that there had been communication between itself and the complaint parties about the reasons for delays and developments.
Source
Case-handling procedures, paragraphs 3.37-3.42:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
Complaint, page 8:
https://www.mpo.gov.cz/assets/cz/zahranicni-obchod/narodni-kontaktni-misto-pro-smernici-oecd/projednavani-stiznosti/2023/1/Zaverecna-zprava_EN.pdf
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 Czech NCP has published on its website a record of complaints recieved, but the record does not include the parties to the complaint, or the issues raised.
Source
Link to the NCP’s complaint record:
https://www.mpo.gov.cz/en/foreign-trade/national-contact-point/complaints-handling/default.htm
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 Czech NCP states that NCP members that submit a complaint to the NCP must inform the NCP and not participate in the adoption of resolutions in the complaint. However, potential or percieved conflicts of interest go beyond the submission of complaints by members to the NCP and no further information is provided as to the NCP's response in other situations.
Source
Case-handling procedures, paragraph 3.9:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP does not recommend consequences from its government.
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 Czech NCP states that if a complaint involves multiple NCPs, it will consult with the relevant NCPs to decide how to proceed, following the Procedural Guidance of the Guidelines, and inform the parties. Cooperation between NCPs will determine which NCP will lead and which will support the case. The NCP will inform the complainant about this process and its decision.
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 Czech 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 Czech NCP states that when assessing a case it will consider 'the relevance of the issues raised for the implementation of the Guidelines (the issue is material and supported by sufficient and credible information)'.
Source
Case-handling procedures, paragraph 3.14(d):
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP states that it can seek advice from competent authorities, relevant embassies and consulates of the country in which the company is established or where it operates. The NCP can also consult with the NCPs of other countries in relation to complaints handled by those NCPs. It can also ask for information from the OECD Secretariat for information on NCP practices in similar cases and consult the OECD Working Party on Responsible Business Conduct, and/or the OECD Investment Committee in cases where the NCP is unsure as to how to interpret the Guidelines.
Source
Case-handling procedures, paragraph 3.21
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP states that it will conduct follow-up on agreements reached within the period agreed among parties and of recommendations made (including when no agreement is reached) within 12 months, and that it will publish follow-up statements. However, the NCP has not published any follow-up statements on its website for recent complaints.
Source
Case-handling procedures, paragraphs 3.31 and 3.32:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
Complaints database: https://www.mpo.gov.cz/en/foreign-trade/national-contact-point/complaints-handling/default.htm
NCP plays a guiding role in mediation, ensuring agreements reached further the implementation of the Guidelines and address past harms.
Evaluation
The Czech NCP states that its role is to support the parties in seeking a mutually agreeable and Guidelines-compatible solutions to the issues raised. 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, paragraphs 3.1, 3.21:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP states that it is able to process complaints in both Czech and English. It does not state whether it covers the cost of translation and interpretation.
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 Czech NCP states that it should handle complaints in an accessible manner, but no further explanation is provided as to the location of mediation. No recent complaints indicate the NCP's practice.
Source
Case-handling procedures, paragraph 3.3:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
NCP works to accept complaints despite parallel proceedings and/or has a commitment to do so in its case-handling procedures.
Evaluation
The Czech NCP accepts complaints despite parallel proccedings. It states that it will assess whether its involvement could positively contribute to resolving the issues and supporting the implementation of the Guidelines, without causing serious harm to any party involved in other proceedings. The NCP states that it can consider whether to suspend or reject the complaint due to parallel proceedings, but not that it could partially accept a complaint. The NCP also does not commit to consult with parties or the parallel grievance mechanism in question.
Source
Case-handling procedures, paragraphs 3.13 and 3.14(e):
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
NCP provides an external review process for parties to pursue if they believe the NCP has not followed its internal procedures.
Evaluation
The Czech 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 Czech NCP states that it will publish its final statement with basic information after the parties have been consulted.
Source
Case-handling procedures, section F:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP publishes an initial assessment on its website for every complaint received.
Source
Case-handling procedures, paragraph 3.19:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP states that it can make recommendations in its final statements, both in cases that reached and did not reach agreement.
Source
Case-handling procedures, paragraphs 3.25 & 3.28:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP states, 'Reprisals against... the NCP, external experts or external mediators in connection with the specific instance under discussion are unacceptable. Reprisals may include threats to harm the individual or his loved ones, inappropriate threats to terminate employment or inappropriate threats of legal action'. The NCP also connects threatening and using reprisals to the principle of good faith, but there is no mention of how the NCP would address (risks of) reprisals.
Source
Case-handling procedures, paragraph 3.4-3.5:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP states, 'Reprisals against the parties of the specific instance... in connection with the specific instance under discussion are unacceptable. Reprisals may include threats to harm the individual or his loved ones, inappropriate threats to terminate employment or inappropriate threats of legal action'. The NCP also connects threatening and using reprisals to the principle of good faith, but there is no mention of how the NCP would address (risks of) reprisals.
Source
Case-handling procedures, paragraph 3.4-3.5:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP does not state that it ensures transparency between the parties during the complaint.
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 Czech NCP states that it must ensure compliance with the principles in the Guidelines including, without limitation, transparency in relation to the public. The NCP will also protect sensitive information and the interests of the complaint parties, including their personal identities if appropriate. It does not state whether complainants can publish their own complaint or communicate about the stages of the process.
Source
Case-handling procedures, paragraph H.3.34:
https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
NCP has a dedicated detailed budget that is published on its website.
Evaluation
The Czech NCP has no dedicated budget.
Source
Annual Report 2023, question 12
NCP has an independent expert structure whereby complaints are handled strictly by non-governmental independent experts.
Evaluation
The Czech NCP does not have an independent expert structure; it has a quadripartite structure.
Source
Annual report 2023, question 2
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 Czech NCP is housed in the Ministry of Industry and Trade.
NCP is led or overseen by senior officials that are actively engaged with the NCP’s work.
Evaluation
The Czech NCP is led by the Head of the International Law Unit at the Ministry of Industry and Trade, who is actively involved in the work of the NCP.
Source
Annual Report 2023, A. Contact information
NCP employs two or more full-time staff that hold permanent (non-rotating and not short-term) positions.
Evaluation
The Czech NCP employs four part-time staff members that spend approximately 50%, 50%, 33%, and 10% of their time, respectively, on NCP work. They all hold permanent positions.
Source
Composition of the NCP Secretariat: https://www.mpo.gov.cz/en/foreign-trade/national-contact-point-for-responsible-business-conduct/national-contact-point-for-responsible-business-conduct–224350/
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 Czech NCP does not have an advisory body.
Source
Annual Report 2023, question 6
NCP structure ensures all three core stakeholder groups (NGOs, labour unions/workers organisations, businesses) at minimum advise on individual complaints.
Evaluation
The Czech NCP has a quadripartite structure composed of government representatives (from various ministries and the Czech National Bank), and representatives from employers, employees, and civil society. These representatives advise on complaints and adopt decisions of the NCP preferably by consensus.
Source
Annual report 2023, question 1 – 5
Case-handling procedures, section 2: https://www.mpo.gov.cz/assets/en/foreign-trade/national-contact-point-for-responsible-business-conduct/status-and-rules-of-procedure/2024/5/Rules-of-Procedure-of-the-NCP.pdf
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 Czech NCP has a website showing all of the items listed. The mandate of the NCP is explained in the NCP's statute, which is available on the website.
NCP annually promotes the Guidelines and due diligence guidance to civil society.
Evaluation
The Czech NCP has not promoted the Guidelinesand due diligence guidance specifically to civil sociey. However, the NCP has participated in promotional events to stakeholders more broadly, including one 2023 event jointly organised with trade unions.
Source
Annual report 2023, question 26 & Annex, Table 1 & 2
Link to an NCP event in collaboration with trade unions:
https://www.mpo.gov.cz/en/foreign-trade/national-contact-point-for-responsible-business-conduct/ncp-activities/czech-national-contact-point-for-responsible-business-conduct-and-its-cooperation-with-trade-unions–278831/
NCPs annually promotes the Guidelines and due diligence guidance to its government.
Evaluation
The Czech NCP has not promoted the Guidelines and due diligence guidance to its government.
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 Czech NCP states that it was involved in the development of the Free Trade Agreement between the EU and Chile, which includes a Trade and Sustainable Development chapter that refers to the Guidelines.
Source
Annual report 2023; questions 51 – 59