Hoteles Decamerón Colombia S.A.S. (Hodecol S.A.S) and the National Union of the Gastronomic, Hotel and Tourism Industry Workers of Colombia (SINTHOL)
Lead NCPColombia
Supporting NCP(s)
DescriptionSpecific instance notified by the National Union of the Gastronomic, Hotel and Tourism Industry Workers of Colombia alleging the non-observance of the Guidelines by Hodecol S.A.S., a company headquartered in Panama, operating in Colombia.
Theme(s)Human rights, Employment and industrial relations
Date15 Oct 2016
Host country(ies)Colombia
SourceTrade Union
Industry sectorAccommodation and food service
StatusNot accepted
Summary

On 15 October 2016, the Colombian NCP received a submission by the National Union of the Gastronomic, Hotel and Tourism Industry Workers of Colombia (SINTHOL) alleging the non-observance of the Employment and Industrial Relations and Human Rights Chapters of the Guidelines by Hodecol S.A.S., a company headquartered in Panama, operating in Colombia.

On 8 November 2016, the NCP confirmed receipt of the specific instance to all parties and proceeded during the following months, to hold separate meetings with its consultative committee, the company and other entities involved in the case. During the course of the meetings, the NCP clarified the purpose and functioning of the specific instance and provided a space for parties to present their reasoning and arguments.

The submitter alleged non observance of the human rights to freedom of association and collective bargaining of unionized workers, petitioned for the company to be recognised as SINTHOL’s new employer and to recognise the existence of a workers' union by law. 

The NCP did not offer mediation, considering that all petitions were currently being disputed in the courts. The case, and particularly the legal status of the company as an employer, is currently being decided by a national court in Colombia.

On 1 March 2017, the NCP issued an initial assessment not accepting the case. Despite not accepting the case, the NCP concluded that notwithstanding the ongoing court proceedings, the company is still expected to conduct due diligence in respect of adverse impacts it may cause or contribute to or those that may be directly linked to its operations, products or services by a business relationship. 

The NCP recommended the company provide and create spaces for dialogue with SINTHOL, in order to mitigate and/or address adverse impacts.