Anyone who is a stakeholder (an individual, NGO, trade union or other company) to an alleged breach of the OECD Guidelines by a multinational enterprise can submit a notification of this alleged breach at the NCP as a specific instance. The requirements that a notification must meet are described below.
Report an alleged breach of the OECD Guidelines
Do you suspect that a company is not following the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct? You can submit your complaint by filling out the complaint form below. We also ask you to provide a clear and detailed description of the issue as an attachment.
You can submit complaints about:
- Dutch multinational companies; and
- foreign companies that have entities or activities in the Netherlands, or where decisions were made in the Netherlands that led to the alleged impact.
If more than one company is involved, you may file your complaint against multiple companies, as long as at least one of them is based in, or has activities in, the Netherlands.
What you should know about the NCP procedure
The Dutch National Contact Point (NCP) handles complaints regarding the observance of the OECD Guidelines by Dutch multinational companies, and foreign companies with entities in the Netherlands where decisions were made that led to the alleged impact.
After receiving a complaint, the NCP can decide to conduct an initial assessment in order to determine whether the issue raised merits further examination. If so, the NCP offers its good offices, usually in the form of dialogue or mediation, to facilitate agreement between the company and the complainant(s).
If mediation is not accepted, or if the parties do not reach an agreement, the NCP will proceed with an independent examination of the issues raised in the complaint and may assess whether the company has observed the OECD Guidelines with respect to those issues.
When the procedure is concluded, regardless of the outcome, the NCP publishes a final statement. This statement may include:
- an overview of the issues raised, the parties’ positions and the course of the proceedings;
- information on any joint solution reached (if and insofar as the parties consent to publication);
- conclusions by the NCP on the company’s observance of the OECD Guidelines in relation to the issues raised;
- recommendations by the NCP on the implementation of the OECD Guidelines in relation to the issues raised.
One year after the conclusion of the NCP procedure, the NCP will start a follow‑up procedure with a limited scope, in order to assess the implementation of:
- any agreement reached between the parties; and
- any recommendations issued by the NCP.
The outcome of this follow‑up is published in a follow‑up statement.
Please note that the OECD Guidelines are not legally binding for companies and that the NCP procedure is not a court procedure. The NCP cannot impose sanctions or fines, compel actions, or order compensation to be paid. The aim of the NCP procedure is to make the OECD Guidelines more effective by helping to resolve issues that arise in relation to their implementation and by providing a forum for discussion.
1. Submission and preliminary check
After receiving your complaint and supporting documents, the NCP first checks whether:
- the complaint falls within the NCP’s mandate; and
- there is a sufficient link with the Netherlands (for example, a Dutch company or a foreign company with relevant activities or decision‑making in the Netherlands).
If this is the case, the NCP will usually hold an introductory meeting (in person or online) with you, and a separate introductory meeting with the company.
2. Initial assessment
The NCP then reviews whether your complaint meets the initial assessment criteria under the OECD Guidelines. These criteria are described in chapter 2 of the Dutch NCP’s case‑handling procedures.
In cases involving companies or issues that are also located in, or have arisen in, other countries that have an NCP, the relevant NCPs will first coordinate to establish which of them will handle the case.
If the NCP decides, on the basis of the initial assessment, that the issue raised merits further examination, the complaint will be accepted for further handling.
3. Mediation and/or independent examination
If the complaint is accepted:
- The NCP will offer mediation (or another form of facilitated dialogue) between you and the company, with the aim of reaching a joint solution to the issues raised in your complaint.
- If the parties do not accept mediation, or if mediation does not lead to an agreement, the NCP may proceed with an independent examination of the issues raised in your complaint. In that case, the NCP may assess whether the company has observed the OECD Guidelines in relation to those issues and may issue recommendations.
The information you provide about:
- the issue,
- the company or companies involved, and
- the company’s involvement in the issue
will be shared with the company or companies concerned.
The NCP also publishes basic information about your complaint on its website, including:
- the name of the complainant (unless anonymity is requested and granted),
- the name of the company or companies, and
- the date of receipt of the complaint.
Please limit personal information (such as names, contact details or ID numbers) to what is relevant to the case. Do not include sensitive personal information (for example, about health, ethnicity, religion or political views) unless it is strictly necessary for the complaint.
Personal identities can be kept confidential for safety or privacy reasons. Please indicate clearly in your complaint if you wish to remain anonymous or if you want certain information to remain confidential. Please also inform the NCP if you have any indication that submitting your complaint may lead to reprisals against you or others.
The NCP will handle such information with particular care and will discuss with you how to proceed in a way that minimises risks.
The NCP’s role in receiving and handling your complaint is based on the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. The purpose of the Guidelines is to encourage responsible trade and investment by setting out the expectation that companies prevent, mitigate and, where appropriate, remediate negative impacts on people and the planet that may be directly or indirectly caused by, or linked to, their business activities.
The OECD Guidelines are a set of voluntary principles and standards that OECD member states, including the Netherlands, expect companies operating in or from their territories to observe. They do not create direct legal obligations for companies.
In line with the non‑binding nature of the OECD Guidelines:
- the NCP procedure is not a court procedure;
- the NCP cannot impose fines or penalties;
- the NCP cannot compel companies or complainants to take specific actions;
- the NCP cannot order compensation to be paid.
Instead, the NCP:
- provides a forum for discussion and mediation;
- supports constructive dialogue between the parties;
- may facilitate an agreement between the parties;
- may offer conclusions on the observance of the OECD Guidelines;
- may issue recommendations to help bring company conduct in line with the OECD Guidelines.
Filling out the complaint form
To submit your complaint, please:
- Fill out the complaint form with your contact details, information about the company or companies, and a short description of the issue.
- Attach a separate, detailed description of the issue, including:
- the relevant facts and timeline;
- the specific chapters or topics of the OECD Guidelines you consider to be breached (if known);
- any supporting documentation (for example, correspondence, reports, photos, or witness statements).
You can then submit the completed form and attachments to the Dutch NCP. The specific instance will be assessed on a fixed set of criteria to determine whether further consideration of the NCP is warranted. You can read all about it in the procedure for submitting specific instances to the Netherlands NCP.