The Mediation and Complaints-Handling Institution for Responsible Business Conduct is the OECD’s National Contact Point in Denmark. It was established in 2012 and replaces the old Danish National Contact Point.
Who can access it?
Any interested party negatively impacted by an enterprise’s activities can file a complaint, including trade unions, NGOs, individuals and communities.
How does it work?
The complaints must be submitted in writing, by e-mail or online and cannot be anonymous. The event of the complaint must have taken place within five years.
Complaints must contain the following information:
- Who is complaining?
- What has happened? This includes a description of the alleged violation and the role of the company in the incident.
- Are you complaining on behalf of others?
- Contact details
- Documentation supporting the complaint. This must be as specific as possible.
The complaint must relate to an area covered by the OECD Guidelines. It does not necessarily need to specify the guidelines that are alleged to have been breached.
It is up to the Mediation and Complaints-Handling Institution to decide whether the complaint falls within the scope of the OECD Guidelines.
After initial assessment of the complaint, the Mediation and Complaints-Handling Institution will either reject the complaint or accept it for further consideration. If a complaint is accepted, the parties are encouraged to resolve the matter themselves, to create a basis for dialogue between them. Within three months, the parties must notify the Mediation and Complaints-Handling Institution whether they have found a solution. Matters resolved between the parties are not published by the Institution.
If the parties fail to resolve the matter themselves, the Institution will conduct a preliminary investigation and can offer to mediate between the parties. Mediation is voluntary.
If a solution is reached through mediation, the Institution will publish the results of the mediation.
If no solution is reached through mediation, or if the parties reject mediation, the Institution will carry out an actual investigation. On the basis of the investigation, the Institution will publish a Final Statement, providing recommendations for what the company should do to improve the situation.
Monitoring and enforcement
If a mediation agreement is reached between the parties, the Institution will follow up a year later to see whether the parties have complied with the mediation agreement.