"Final Statement FNV vs Just Eat Takeaway.com", 22. March 2023

Notification to the Netherlands National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises by the Dutch trade union FNV concerning an alleged violation of the OECD Guidelines for Multinational Enterprises by Just Eat Takeaway.com (February 22, 2021).

As noted in the Procedural Guidance to the OECD Guidelines for Multinational Enterprises, following conclusion of a specific instance and after consultation with the parties involved, the NCP will make the results of the procedures publicly available. [...]

On February 22, 2021, the Dutch National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprisesreceived a notification of a specific instance from the Dutch trade union FNV with regard to an alleged violation of the OECD Guidelines for Multinational Enterprises (hereinafter the Guidelines) by Just Eat Takeaway.com N.V., based in the Netherlands, and 10bis Ltd., based in Israel. The notifying party requested the Dutch NCP to handle the notification. As a notification based on the same alleged breaches of the OECD Guidelines had been submitted to the Israeli NCP by the Israeli trade union Histadrut regarding Just Eat Takeaway’s subsidiary 10bis’s observance of the OECD Guidelines, the Dutch NCP coordinated the handling of the complaint with the Israeli NCP.

The issues raised in this notification and the supplemental submission by the notifying party of April 28, 2021, relate to the right to freedom of association of 10bis (or Scoober, according to Just Eat Takeaway.com) workers in Israel. They relate to the OECD Guidelines’ Chapter II (General Policies), Chapter IV (Human Rights) and Chapter V (Employment and Industrial Relations). [...]

The NCP makes the following assessment regarding the issues raised in the specific instance:

Taking into account the examination by the NCP and the information provided by the parties, it is the assessment of the NCP that Just Eat Takeaway.com has acted in a manner that is not consistent with the OECD Guidelines. More specifically, Just Eat Takeaway.com should have engaged, directly and/or through its Israeli subsidiary, with local stakeholders, including Histadrut, regarding the alleged violations of labour and union rights as stipulated in the Employment Chapter.

Based on its assessment, the NCP recommends to Just Eat Takeaway.com that:

• Just Eat Takeaway.com ensures that 10bis/Scoober enters into meaningful social dialogue with Histadrut, in accordance with the expectations under the OECD Guidelines to engage with all relevant stakeholders, with the aim of preventing and mitigating adverse impacts in relation to freedom of association.
• Just Eat Takeaway.com, together with 10bis/Scoober, communicates to all workers of 10bis/Scoober that they can join a trade union of their own choosing and furthermore guarantees that joining a trade union will not have any negative consequences regarding their job or position.
• Just Eat Takeaway.com continuously reviews its policies and procedures as expected under the OECD Guidelines, in particular as they relate to risk-based due diligence responsibilities throughout the corporate group, to ensure full alignment with the Guidelines, and communicates its policies throughout its global operations.
• Just Eat Takeaway.com to this end also enters into a dialogue with FNV regarding its due diligence responsibilities as the parent company.

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