|UNI Global Union and 4 French Trade Union federations (CFDT Fédération Communication Conseil Culture, CGT-FAPT, CGT Fédération des Sociétés d’Etudes and FO-FEC) & Teleperformance|
|Supporting NCP(s)||Colombia, Greece, Mexico, Portugal, United Kingdom, United States|
|Description||Specific instance alleging a non-observance of the OECD Guidelines.|
|Theme(s)||General policies, Human rights, Employment and industrial relations, Environment, Concepts and principles|
|Date||17 Apr 2020|
|Host country(ies)||Albania, Colombia, France, Greece, India, Mexico, Philippines, Portugal, United Kingdom, United States|
|Industry sector||Administrative and support service activities|
On 17 April 2020, UNI Global Union, an international labour union, together with four of its French affiliates, CFDT Fédération Communication Conseil Culture, CGT-FAPT, CGT Fédération des Sociétés d’Etudes and FO-FEC, submitted a specific instance alleging that the company Teleperformance did not observe the General Policies (Chapter II), Human Rights (Chapter IV), Employment and Industrial Relations (Chapter V) and Environment (Chapter VI) provisions of the Guidelines in ten countries where it operates call-centres.
Specifically, the submitters claimed that the company violated workers’ rights to health and safety at the workplace, freedom of association, collective bargaining, and had not undertaken appropriate due diligence, in the context of the COVID-19 pandemic.
On 23 April 2020, the French NCP informed the NCPs of Colombia, the US, France, Greece, Mexico, Portugal, and the UK of the submission to coordinate given that the case had links to these countries.
On 29 April 2020, the French NCP adopted a statement acknowledging the receipt of the specific instance and began its initial assessment
On 4 June 2020, the French NCP accepted the case and offered its good offices to the parties, which they accepted.
On 6 April 2021, the French NCP issued an Intermediary Statement announcing that it terminated the good offices phase due to an absence of agreement between the parties and was moving to the conclusion phase. Given the potential for media coverage, the French NCP reminded the parties of their commitment to respect the confidentiality of the procedure.
On 30 July 2021, the French NCP published its final statement. The NCP notes the implementation, following an emergency management phase, of a policy to prevent, manage and monitor the pandemic in all its subsidiaries to address health risks associated with the pandemic. The policy largely corresponds to the expectations of the Guidelines.
The NCP addresses 6 recommendations to Teleperformance on social issues. It recommends to strengthen convergence on the Group’s policies for leave, sick leave and “work at home” costs to take into account COVID-19’s impacts and to improve employees’ representation in health and safety committees.
The NCP recommends that the Group ensures, as soon as possible, that its Albanian and Colombian subsidiaries respect freedom of association and strengthen due diligence in cases of dismissals involving workers representatives, trade union representatives and unionised workers and provide appropriate remediation measures if non-compliances with the OCED Guidelines are found.
The NCP will follow up on its recommendations in July 2022.