|Vinci and Vinci Airports and ITUC in Cambodia|
|Description||This specific instance concerns the alleged non-observance of the OECD Guidelines by the Vinci group regarding the activities of the Cambodian subsidiary of Vinci Airports in Cambodia, Cambodia Airports.|
|Theme(s)||Concepts and principles, Employment and industrial relations, Human rights|
|Date||27 Jul 2017|
|Industry sector||Transportation and storage|
On 27 July 2017, the French NCP received a specific instance submitted by two labour confederations: the International Trade Union Confederation (“ITUC”) and the Cambodian Labour Confederation (“CLC”) (collectively “the submitters”) targeting the Vinci group regarding the activities of the Cambodian subsidiary of Vinci Airports in Cambodia, Cambodia Airports. Cambodia Airports holds a concession to operate three airports located in Cambodia (in Phnom Penh, Siem Reap and Sihanoukville).
The submitters allege that Cambodia Airports did not comply with seven recommendations of the OECD Guidelines pertaining to the respect for domestic laws, to human rights, to workers' freedom of association and to the right to collective bargaining. The facts concerned a labour dispute that started in 2012 when Cambodia Airports introduced a new method of organising work under a “multi-tasking scheme” in their three airports. According to the submitters, the introduction of this scheme was not collectively negotiated; eight workers (one union leader and several union activists) were subsequently dismissed due to their protest; Labour Arbitration Council decisions following the dismissals were not implemented by the Enterprise. The submitters also alleged that no new collective bargaining has been initiated following the expiration of the previous collective bargaining agreement in 2016, and that unfair practices arose during the strikes.
The NCP action takes place in a complex local situation linked to the adoption of a new Cambodian Trade Union Law and its subsequent entry into force on 5 March 2016. However, the Cambodian authorities are still to adopt implementing regulations, notably to organize trade union’s recognition and collective bargaining.
On 19 September 2017, the NCP finalised ite initial assessment concluding that the specific instance merited further examination. On 2 October 2017, the NCP offered its good offices to the parties and held separate meetings which was followed by a joint mediation meeting on 13 February 2018.
On 7 September 2018, the NCP concluded the specific instance and adopted a final statement. The NCP concluded that its mediation activities led to the implementation of several measures related to due diligence, but despite the NCP’s efforts to mediate, an agreement was not reached between the parties.
The parties are requested to inform the NCP of new developments in six and twelve months’ time, and a follow-up meeting and statement will be organised if the NCP considers it relevant.