Complaints to the NCP
Complaints alleging possible violations of the OECD Guidelines can be submitted to the NCP. If a complaint falls within the scope of the Guidelines, the NCP offers the parties involved a mediation process. The aim is to help them find a mutually agreed solution. The NCP publishes the outcomes of this dialogue in its reports.
Submitting a complaint
The NCP is available at any time for questions and comments on the OECD Guidelines. Complaints alleging possible violations of the OECD Guidelines by a company should be submitted in the country where the violation occurred. If that country has not signed up to the OECD Guidelines and therefore has no NCP, the complaint should be submitted in the country where the multinational enterprise has its headquarters. The NCP's submission checklist recommends that complainants provide their identity and interest in the case, details about the company concerned, a direct reference to the OECD Guidelines allegedly violated, previous attempts to resolve the matter, and expectations regarding any mediation process. When handling complaints, the Swiss NCP can conduct proceedings in German, French, Italian and English.
Procedure for handling complaints
In a preliminary assessment, the NCP decides – on the basis of information from both parties (including the parties' identities and interest in the complaint, its substance, reasoning and relevance) – whether the case falls within the scope of the Guidelines. The NCP publishes a report on its decision to accept or reject a complaint, setting out its reasoning. If the NCP accepts the complaint, it offers the parties a confidential mediation process, which requires the consent of all parties involved. The aim is for the parties to reach agreement on the underlying facts, their assessment against the OECD Guidelines, and possible steps towards resolution.
To ensure its work is conducted impartially, the NCP applies the following measures:
- Decisions to accept or reject complaints are taken by consensus within an ad hoc inter-agency working group.
- Mediations are conducted as a rule by mediators external to the Federal Administration.
- The NCP Advisory Board, comprising representatives of all stakeholder groups (business, NGOs, trade unions, academia and government), is consulted on decisions to reject complaints.
If the parties reach agreement through mediation and a solution is found, the NCP publishes the outcome in a report. If no agreement is reached, the NCP makes this known as well. The NCP may also include recommendations on implementing the OECD Guidelines in its report. Where relevant, the NCP carries out specific follow-up on agreements reached by the parties or recommendations it has issued.
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National Contact Point for Responsible Business Conduct
The National Contact Point promotes awareness of the OECD Guidelines for Responsible Business Conduct among interested parties. It answers questions about the Guidelines and acts as an out-of-court mediation body.
Tasks and organisation of the NCP
The National Contact Point (NCP) promotes compliance with the OECD Guidelines for Responsible Business Conduct. It discusses all relevant issues with the parties involved in order to contribute to their implementation.
Raising the awareness of the OECD Guidelines
The NCP is tasked with raising awareness of the OECD Guidelines and due diligence instruments among interested stakeholders (e.g. business, NGOs, trade unions) and promoting their implementation by Swiss companies.
Contact
Foreign Economic Affairs Directorate
Special Foreign Economic Service / International Investment and Corporate Sustainability
Holzikofenweg 36
CH - 3003 Bern