Pillar III: Access to remedies
4. OECD National Contact Point [page 49]:
One of the remedies available to victims of human rights abuses by multinational enterprises is the possibility of notifying the OECD National Contact Point (OECD NCP) about the situation. The OECD NCP’s main task is to promote and disseminate the OECD Guidelines for Multinational Enterprises and, in particular situations, conduct proceedings to resolve conflicts that may arise in the course of the implementation of these Guidelines, also with respect to human rights. (…) In Poland, the NCP was established in 1998 in the structure of the central administration (Ministry of the Treasury and then the Ministry of Economy). Since 2001, the OECD NCP has been operating within the Polish Information and Foreign Investment Agency (PAIiIZ). In June 2016, in order to unify the operation of the public administration in the field of CSR and responsible business conduct (RBC), the OECD NCP was transferred from the PAIiIZ to the Ministry of Economic Development. The website of the Ministry of Economic Development provides detailed information about the OECD Guidelines for Multinational Enterprises and OECD NCP activities (http://www.mr.gov.pl/strony/zadania/wsparcie-przedsiebiorczosci/spoleczna-odpowiedzialnosc-przedsiebiorstw-csr/krajowy-punkt-kontaktowy-oecd/).
To file a notice of infringement of the OECD Guidelines for Multinational Enterprises, one should complete the appropriate form, available on the website of the Ministry of Economic Development, in particular referring to the specific provisions of the OECD Guidelines to which the notification applies and providing a detailed description of the activities of the enterprise that caused the infringement of the OECD Guidelines in the above areas. Upon receipt of the notice, the case is subject to a detailed examination by the OECD NCP, which may refer the case to mediation if the case is accepted.
Implementation of the National Action Plan
2. Monitering [page 53]:
The monitoring of the implementation of the National Action Plan for the implementation of the UN Guiding Principles on Business and Human Rights will be carried out through: (…)
- Analysis of the annual OECD NCP report submitted to the OECD, with respect to the number of infringement notifications submitted to the OECD NCP by Notices submitted to the OECD NCP providing notification of breaches by multinational enterprises (Chapters IV and V of the OECD Guidelines for Multinational Enterprises on human rights and labour rights);
- Analysis of the annual OECD NCP report submitted to the OECD, for the number of training sessions or seminars disseminating the OECD Guidelines for Multinational Enterprises (Chapter IV on Human Rights)”.
International non-binding mechanisms and international legal framework in force in Poland in relation to business and human rights [page 55]:
Corporate responsibility for infringements of international human rights standards/norms is provided for in non-binding mechanisms. In this respect, apart from the UN Guiding Principles on Business and Human Rights, the following documents should be mentioned: The OECD Guidelines for Multinational Enterprises: rules for different areas, from employee relations, environmental issues, respect for human rights, and occupational safety, through issues of access to information, taxation, environmental protection, and due diligence in business. The OECD Guidelines contain a dispute settlement mechanism involving the possibility of submitting notifications to the OECD NCP on the infringement of the Guidelines. The OECD NCP examines the case and, provided it has grounds to do so, recommends mediation proceedings to the parties. (…)