Read the final statement published on 23 December 2020: French
On 15 December 2018, the trade union CDT submitted a specific instance to the Moroccan NCP alleging that Aptiv (formerly Delphi Automotive Systems), a company active in the automotive manufacturing sector, did not observe the “Employment & industrial relations” provisions (Chapter V) of the OECD Guidelines. The issues concerned breaches of the right to freedom of association as well as several dismissals of union officers and members. The submitter was seeking the respect of trade union practices in the company and the reintegration of the workers that had allegedly been dismissed as a result of their union membership.
As the company originated from the United States, the Moroccan NCP informed the American NCP of the submission on 1 March 2019.
On 26 March 2019, after holding several meetings with each of the parties, the Moroccan NCP published its initial assessment accepting the case and offering its good offices to the parties. While both parties agreed to engage in a dialogue, the company denied having dismissed employees for their membership in a trade union on the grounds that it had never been officially notified of the establishment of a trade union office within the company. The company further explained to the Moroccan NCP that it had organised elections in a transparent manner under the supervision of a labour inspector. With regards to the dismissals, the company stated that the employees had been dismissed for serious misconduct reasons. On 3 December 2019, the NCP held a second meeting with representatives of the company to collect the documents justifying the dismissal of the workers.
No mediation or conciliation took place between the parties, as it emerged that the dismissals did not relate to membership of the CDT union, which was not represented in the company
In addition, parallel proceedings took place within national courts. The court handed down its judgement in favour of the employees.
On 23 December 2020, the Moroccan NCP concluded the case and published its final statement in which it addressed several recommendations to the company:
- The NCP recalled the importance for all companies to respect the right of employed workers to form or join trade unions and representative organisations of their own in line with Chapter V of the OECD Guidelines;
- The NCP emphasised the importance of collective agreements within a company as a major tool of professional governance and effective way to build a lasting relationship and improve the company’s performance;
- With regards to the publication of information, the NCP encouraged APTIV to communicate on its activities by making public all information of a non-financial nature, in particular on its website;
- The NCP encouraged APTIV to continue its efforts to comply with international standards, including the OECD Guidelines.