Poland – OECD NCP

By Daniel Morris | 27. November 2017

2017-2020 NATIONAL ACTION PLAN

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)”.

Appendix 1

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. (…)

 

2021-2024 NATIONAL ACTION PLAN

2. Ministry of Development Funds and Regional Policy

Activity of the OECD National Contact Point for Responsible Business Conduct

The Polish OECD National Contact Point for Responsible Business Conduct (OECD NCP) was established in 1998, two years after Poland’s accession to the OECD. Since 2016, OECD NCP has been operating within the structure of government administration, currently in the Ministry of Development Funds and Regional Policy (MFiPR) in the structures of the Office of the Minister.

As part of the operations of the OECD NCP in the area of respect for human rights in business activity of enterprises, the following activities are planned:

·         promotion of the OECD Guidelines for Multinational Enterprises and the OECD sectoral recommendations, with particular emphasis on those concerning respect for human rights,

·         continuation of activities aimed at translating OECD documents on responsible business, which have not yet been translated into Polish, including involvement of representatives of relevant industries and sectors in the process of translation and verification of the documents,

·         organisation of thematic information meetings on the activities of the OECD NCP to promote responsible business standards and the complaint mechanism for reporting potential violations of the OECD Guidelines for Multinational Enterprises,

·         processing of notifications of potential violations of the OECD Guidelines for Multinational Enterprises by multinational enterprises.

The OECD Guidelines for Multinational Enterprises address respect for human rights in business activity of enterprises in Chapter IV and, in part, also in Chapter V on employment relations including labour rights. Across the 50 countries implementing the OECD Guidelines for Multinational Enterprises, human rights violations constitute one of the most frequent reasons for filing notifications to the OECD NCP. Hence, one of the indicators for monitoring the implementation of the NAP in 2021-2024 will be information on the number of notifications of potential violations of the OECD Guidelines related to Chapters IV and V of the OECD Guidelines as received and processed by the OECD NCP.

Moreover, in the coming years and in line with the expectations of the social partners the OECD NCP plans to increase the number of events promoting the OECD Guidelines, such as webinars or conferences. These events will also include one promoting responsible business standards in the context of respect for human rights in business activities of enterprises. – page 11/12