Important information about complaints-handling and the revised guidelines
Please note that NCP Denmark's complaints-handling procedures are currently being updated based on the most recent revision of the OECD guidelines in June 2023. Therefore the stated time frames may vary from the actual time frames, depending on e.g. whether coordination across national NCP’s is necessary.
The 2023 OECD Guidelines update both the substance of what adhering governments expect of multinational enterprises and the procedures that adhering governments should put in place to implement the OECD Guidelines.
Until NCP Denmark’s updated complaints-handling procedures are published, the NCP will continue to manage complaints consistent with the Danish NCP Act, the executive order and the old version of the complaints-handling procedures.
The assessment of the conduct of MNE’s will be based on the relevant version of the guidelines; i.e. the 2011 version of the guidelines if the specific instances in question occurred before 2023, or the most recent version from 2023 if the specific instances occurred in June 2023 or later. If in doubt, please contact the secretariat. Thank you for your understanding.
The 5 steps of the complaints-handling procedure
The procedure for handling a complaint consists of the following 5 steps:
Initial assessment
When NCP Denmark receives a complaint, NCP Denmark will conduct an initial assessment. Here, it particularly will be assessed whether the complaint complies with the formal requirements.
The complaint cannot be made anonymously. A description of the violation and documentation hereof needs to be part of the complaint, and the role of the accused company, authority or organasation in the violation needs to be explained. Furthermore, NCP Denmark assesses whether the complaint falls within the scope of the OECD Guidelines.
Based on the initial assessment, NCP Denmark will either reject or approve the complaint for further consideration.
Opportunity to solve the case among the parties
When a complaint is approved for further consideration, NCP Denmark will encourage the parties to the case (the complainant and the respondent) to resolve the case among themselves.
The aim is to create a foundation for dialogue between the parties. If the parties manage to resolve the case themselves, NCP Denmark will not be further involved.
If the parties reach a solution among themselves, the case will be closed without any public statement from NCP Denmark
Preliminary investigation
If the parties are unable to resolve the matter among themselves, NCP Denmark will conduct a preliminary investigation. The initial requirements for the complaint still apply, but the NCP Denmark investigates the case in light of any new information that may have emerged in connection to the parties’ attempt to resolve the case themselves.
New information may have emerged, and NCP Denmark takes on a more active role in the case. The institution decides whether it will process the case any further and potentially offer to mediate between the parties. NCP Denmark will publish its decision on this website.
Mediation
NCP Denmark can offer the parties to participate in a formal mediation process if the parties are unable to resolve the case themselves and the preliminary investigation shows potential for further investigation of the case. Mediation is voluntary and is therefore solely an offer from the NCP Denmark.
If the parties accept the offer of mediation, NCP Denmark will contribute to creating constructive and meaningful dialogue between the parties. If a solution is found through mediation, NCP Denmark will publish the results of the mediation. After one year, NCP Denmark follows up on whether theparties have complied with the mediation agreement.
Actual investigation
NCP Denmark conducts an actual investigation if a solution cannot be found through mediation, or if the parties decline the offer of mediation. There may also be cases that the institution does not find suitable for mediation, e.g. in the case of serious violations.
Based on the investigation, NCP Denmark will publish a statement that may acquit the accused company or contain criticism of its conduct. In the statement, NCP Denmark will give recommendations on how the company should do to improve the situation.
Transparency and confidentiality in cases
If you are a party to a complaint, you are encouraged not to speak to the media about the case since press coverage may have a negative impact on the main purpose of the complaints procedure: that the parties reach an agreement.
NCP Denmark will only make a public statement about a pending case if the complaints-handling procedure proceeds to the mediation stage or at the initiation of the actual investigation.
Appointment of a representative
An important element in the complaints-handling procedure is to ensure the interest of both parties. In cases where a party is unable to handle their own interests or if the a party not have the opportunity to participate in the process, NCP Denmark may appoint an representative.
Do you have any questions?
You are welcome to contact NCP Denmark for advice and guidance. You can also choose to contact NCP Denmark anonymously.
NCP Danmark
Langelinie Allé 17
2100 Copenhagen Ø
E: post@ncp-danmark.dk