SWITZERLAND Trends and Developments Contributed by: Liburn Mehmetaj, Roxane Allot and Andreas Hösli, Walder Wyss Ltd
Navigating Business and Human Rights Cases before the Swiss National Contact Point under the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct What are the OECD Guidelines? Origin and content The first version of the Guidelines was adopted in 1976, as part of the Declaration on Interna - tional Investment and Multinational Enterprises. Being a living instrument, the Guidelines have undergone several revisions (1984, 1991, 2000, 2011), with “targeted update” in 2023. This last update introduced, among other things, specific recommendations concerning how companies should deal with climate change-related aspects of their business. By mid-2025, all 34 OECD countries (including Switzerland) and 12 non- OECD countries have adhered to the Guidelines. The OECD Guidelines for Multinational Enter - prises on Responsible Business Conduct (the Guidelines) are the only multilaterally agreed and comprehensive instrument on responsible business conduct with a non-judicial grievance mechanism (the National Contact Point, see below). They cover a wide array of issues includ - ing human rights, labour rights, environmental issues, bribery, consumer interests, disclosure, science and technology, competition and taxa - tion. Rather than providing a precise definition, the Guidelines adopt a broad concept of multina - tional enterprises (MNEs) that includes state- controlled enterprises. Key factors to determine whether an entity qualifies as an MNE under the Guidelines include the international scope of an enterprises’ structure or operations, as well as its commercial form, purpose and activities. The Guidelines encourage MNEs to implement risk- based due diligence to identify, prevent, miti -
gate and account for both actual and potential adverse impacts on topics addressed by the
Guidelines. Legal status
The Guidelines provide voluntary principles and standards for responsible business conduct consistent with applicable laws and principles. While not technically legally binding on compa - nies, adhering states are under an obligation to promote and support the implementation of the Guidelines. Further, Swiss due diligence obliga - tions enshrined in the Swiss Code of Obliga - tions refer to the Guidelines as an international benchmark. Accordingly, by complying with the Guidelines, companies are able to discharge of their due diligence obligations under Swiss law. The National Contact Points A distinctive feature of the Guidelines is their non-judicial grievance mechanism, the National Contact Points (NCPs) that each state adhering to the Guidelines is required to establish. Any interested person or organisation with a legiti - mate interest may submit a complaint to an NCP (or several NCPs), alleging that an MNE oper - ating in or from the territory of the respective state is not observing the Guidelines (so-called Specific Instance). In addition to offering their good offices with a view to facilitating a mutu - ally acceptable outcome between the involved parties through mediation or conciliation, a main function of the NCP is to raise awareness of the Guidelines and to promote their implementation. The Swiss NCP has a proven track record of han - dling a substantial number of Specific Instances involving enterprises from a broad range of sec - tors including finance, raw materials, energy, pharmaceuticals, and sports.
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