Holding Multinational Corporations Accountable for Violations of the Right to Just Conditions of Work in Global Operations 2016 Dr. Nicolas Bueno Nicolas.Bueno@unil.ch University of Lausanne Dr. Anne Meier Anne.Meier@unine.ch University of Neuchâtel and Geneva

Contents I. The human right to just conditions of work Corporate obligations State obligations to regulate global corporate operations II. Domestic implementation Domestic case law (UK, FR, US, GE) Model legislative developments (CH, FR, UK)

I. The Right to Just Conditions of Work Legal Basis 23, 24 UNDH; 7 ICESCR (General Comment 23) Regional human rights treaties Interpretative guidance: ILO Conventions Material Scope Minimum remuneration Healthy and safe working conditions Rest and holidays with pay

I. The Right to Just Conditions of Work Corporate Due Diligence Obligations UN Guiding Principles on Business and Human Rights OECD Guidelines for Multinational Enterprises ILO Tripartite Declaration of Principles concerning Multinational Enterprises Corporate obligations under the right to just conditions of work General Comment 23 Ex: 16 ILO Occupational Safety and Health Convention 1981 (No. 155)

I. The Right to Just Conditions of Work Obligations to regulate multinational corporations ‘States parties should take measures to clarify that … enterprises domiciled in their territory … are required to respect the right [to just conditions of work] throughout their operations extraterritorially … States parties should introduce appropriate measures to ensure … that victims have access to a remedy.’ (General Comment 23)

II. Domestic Implementation Parent company liability Chandler v. Cape (UK) Venel v. Areva (FR) Liability with regard to subcontracting companies Doe v. Wal-Mart (US) Jabir, Khan, Khatoon, and Hanif v. KiK (GE)

II. Domestic Implementation Legislative developments Swiss Federal Initiative on Responsible Business French Law Proposal on the Due Diligence Duty of Parent and Subcontracting Companies UK Modern Slavery Act