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

2. 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)

3. 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

4. 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)

5. 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)

6. 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)

7. 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