Read the Final Statement published by the NCP 3 October 2022: Spanish
Read the Follow Up Statement published by the NCP 12 December 2023: Spanish
On 27 May 2022, the law firm Justicia y Reparación submitted a specific instance to the Spanish NCP alleging that a company active in the construction sector had not observed the Employment and Industrial Relations (Chapter V) provisions of the Guidelines. Specifically, the submitters alleged that the company did not apply sufficient due diligence regarding safety at the workplace of its subsidiary.
On 9 June 2022, the NCP completed its initial assessment deciding to accept the specific instance for further examination. The NCP made an offer of good offices, which the company did not accept. Despite the NCP clarifying that it would be possible to participate in the NCP procedure even with the existence of parallel proceedings, the company declined to participate in the NCP process, further noting that ongoing conciliation attempts would limit the company’s ability to be in direct contact with the submitting party.
On 3 October 2022, the NCP published a final statement deciding to conclude the procedure without agreement between the parties. The NCP issued the following recommendations:
- As part of its due diligence, the Spanish company should commission an independent third party to prepare a report on its worker safety policy.
- Reinforced due diligence in the assessment of damages or violations to human rights caused by activities of the Spanish company, including the review of its human rights policy. Furthermore, the Spanish company should review its disclosure policy and include the most relevant aspects of its organisation, including the risk factors that may exist relating to its activities.
On 12 December 2023, the NCP published a follow up statement, into which both parties provided input. The NCP noted that it valued the efforts made by the company to comply with the process. Specifically, with respect to recommendation No. 1, the Spanish company reported its implementation by means of a 3rd party certification on its labour safety policy in the territory. The above demonstrates the company's commitment to decent work.
Regarding recommendation No. 2, the NCP positively welcomes the update of the company's policy regarding human rights, despite not having been able to verify a review of its disclosure policy, as suggested.
The NCP thus considers the procedure concluded.