Individuals & Telefónica de Argentina S.A. and Telecom Argentina S.A.
Lead NCPArgentina
Supporting NCP(s)
DescriptionSpecific instance notified by Liliana Zabala and Enrique Fernández Sáenz concerning an alleged non-observance of the OECD Guidelines by Telefónica de Argentina S.A. and Telecom Argentina S.A.
Theme(s)Employment and industrial relations, General policies
Date11 Oct 2018
Host country(ies)Argentina
Industry sectorInformation and communication

Read the final statement published on 16 November 2020: Spanish

On 11 October, 2018, two workers representatives of Telefónica de Argentina S.A. and Telecom Argentina S.A‘, two companies active in the telecommunications sector, submitted a specific instance to the Argentinian NCP alleging that the companies had not observed the General Policies (Chapter II) and Employment and Industrial relations (Chapter V) provisions of the OECD Guidelines. More specifically, the companies had requested and obtained from the Argentinian government for an exemption to the Employee Stock Ownership Programme to avoid issuing profit sharing bonds to its workers. The exemption was later declared unconstitutional by the Argentinian Supreme Court. Based on this ruling, the submitters requested that adequate compensation be provided to the workers for their loss and for the damages caused.

On 8 November 2018, the Argentinian NCP accepted the case considering the issues merited further examination. The NCP then held separate meetings with both the submitters and the companies, and offered its good offices to the parties.
The companies declined the NCP’s multiple offers of good offices. As a result, in November 2020, the NCP concluded the case and issued the following recommendations to the companies:
- The NCP encourages the parties to consider finding a way to generate the conditions required to engage in dialogue and constructively work for the resolution of the issues in which they are involved
- The NCP recommends that all companies comply with and incorporate the OECD Guidelines as part of their corporate social responsibility framework and proceed with their implementation in their activities and operations.