NCP Denmark concludes preliminary investigation of a complaint concerning a Danish enterprise

On 30 May 2025, NCP Denmark received a complaint from a Turkish trade union concerning a Danish enterprise and a joint venture in Turkey. According to the submitter, the enterprise does not observe the due diligence expectations set out in the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct in relation to the joint venture in Turkey - including to address adverse impacts on workers’ rights, meaningfully engage with relevant stakeholders (including trade unions), as well as carry out human rights due diligence and provide for or cooperate in remediation. 

The enterprise is of the opinion, that both itself and the joint venture in Turkey respect the fundamental workers’ rights as established by the UN and the International Labour Organization (ILO).

In line with Step 1 of the case handling procedures, NCP Denmark made an initial investigation of the complaint. On that basis, it accepted the issues of the complaint that fell within the NCP’s mandate and concerned due diligence for responsible business conduct (RBC) in accordance with the OECD Guidelines (chapter II General Policies, para. A.10-A.15 and chapter IV Human Rights, para. 5-6). After inviting the parties to resolve the case on their own, NCP Denmark concluded that the parties would not resolve the issues without the involvement of the NCP, and closed Step 2 of the case proceedings. Consequently, the complaint proceeded to a preliminary investigation, where both parties shared further documentation with NCP Denmark. Both parties were given the opportunity to submit statements regarding the case facts before NCP Denmark concluded its preliminary investigation and closed Step 3 of the case proceedings. 

Based on the preliminary investigation, NCP Denmark concludes that the enterprise has carried out risk-based due diligence for RBC in its own operations and in relation to the joint venture in Turkey as appropriate to the circumstances of the enterprise. In its conclusion, NCP Denmark highlights that risk-based due diligence for RBC is a dynamic process and encourages the enterprise to progressively improve its systems and processes to prevent and address adverse impacts. The enterprise is also encouraged to formalize the enterprise’s due diligence process and policies on RBC. 

The enterprise, like many SMEs, relies primarily on audits from external certification schemes to review salient risks related to their industry. The enterprise has also tracked implementation and effectiveness of due diligence activities through non-conformities observed and solved in relation to the audits.  NCP Denmark wishes to highlight that while industry-specific certification schemes and audits can be useful tools to support enterprises’ due diligence efforts, they represent only one source of information. Enterprises retain the responsibility to conduct their own risk-based due diligence for RBC and are expected to collect appropriate information from different sources, including through meaningful engagement with relevant stakeholders. When engaging in industry-specific initiatives, the enterprise should assess whether these align with the OECD’s expectations for risk-based due diligence for RBC and whether they involve relevant stakeholders - such as civil society organisations, trade unions, and experts - that enhance the credibility of the initiatives. 

Based on this, NCP Denmark finds that the case does not merit further examination and concludes the case.

NCP Denmark has handled the complaint with support from NCP Türkiye, as the complaint also concerns matters in Turkey. Both parties have actively participated in the handling of the complaint, which is concluded with this statement.