| Unilever and ATUMA | |
|---|---|
| Lead NCP | Netherlands |
| Supporting NCP(s) | United Kingdom |
| Description | Specific instance concerning an alleged non-observance of the OECD Guidelines by Unilever |
| Theme(s) | Concepts and principles, General policies, Human rights, Disclosure, Employment and industrial relations, Combating bribery, bribe solicitation and extortion |
| Date | 12 Apr 2018 |
| Host country(ies) | Democratic Republic of the Congo |
| Source | Individuals |
| Industry sector | Wholesale and retail trade |
| Status | Concluded |
| Summary | Read the initial assessment published by the NCP 16 April 2020: English On 12 April 2018, a group of former workers of Unilever-Marsavco in the Democratic Republic of the Congo (DRC), represented by Association des Ex-Travailleurs Unilever Marsavco/PHC au Congo (ATUMA) in the DRC, submitted a specific instance to the Dutch and United Kingdom NCPs alleging that Unilever-Marsavco unjustifiably dismissed 802 employees and then failed to provide a complete severance package. After consulting with the United Kingdom NCP, it was agreed that the Dutch NCP would handle the specific instance. On 16 April 2020, the Dutch NCP published its initial assessment accepting the case for further examination. The NCP offered its good offices, which both parties accepted. While a Terms of Reference (ToR) was drafted for mediation, it was not signed due to complications in the dialogue phase. Nevertheless, mediation began with an external mediator. In addition, it was agreed that a neutral evaluation of legal documents and legal procedures in the DRC would be carried out by an expert in Congolese labour law. Due to associated costs, the legal review could not be completed. The final mediation session was held in September 2023. On 2 May 2024, the NCP published a final statement concluding the specific instance without agreement between the parties. On the basis of the 2000 Guidelines, the NCP concluded that it could not be established if and to what extent there may have been a breach of the Guidelines relating to the issues raised in the specific instance. On the basis of the 2011 Guidelines, the NCP concluded that the legalistic approach of Unilever in the NCP process went contrary to the spirit of the Guidelines, and considered that Unilever was not engaging in good faith. The NCP recommended that Unilever:
The NCP plans to follow up on the implementation of these recommendations in May 2025. #nationallaw #remedy #duediligence #ESCR #labourrights #labourconditions #bribery #cosmetics #coordination #parallelproceedings #fact-finding #externalmediators #embassynetwork #localsubsidiary
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