Companies intended about an effective complaints mechanism may be facing one or more of these challenges:

› the company has no complaints handling mechanism at all;

› there is a mechanism, but no complaints are received;

› there is an anti-corruption hotline, but it is not contacted about the impact on human rights;

› complaints are not dealt with systematically, but ad hoc;

› the company does not have a person/department responsible for handling complaints;

› complaints are considered only after the violation has already occurred, the mechanism does not perform the function of preventing potential violations;

› the same complaints come up again and again;

› the company does not provide procedures for the restoration of violated rights;

› there is no system for collecting, consolidating and monitoring information on complaints filed.

If you recognize your company's concerns in this list, this resource will help you develop the right approach for your particular starting point.

WHY A GOOD COMPLAINT MECHANISM IS IMPORTANT FOR BUSINESS

First of all, human rights complaint mechanisms help to identify problems at an early stage and therefore can play an important role in preventing adverse impacts on people. Unfortunately, for many companies, the term "complaint" has a negative connotation that prevents them from taking a constructive approach to the problem.

Complaint mechanisms should be seen as information and communication tools that help a company improve its processes and increase productivity. Complaint mechanisms can be useful for several reasons:

● Serves as an early warning system. Grievance mechanisms facilitate early identification and resolution of problems, leading to better management of consequences and prevention of potential harm. They can help identify systemic problems.

● Effective complaint management helps businesses reduce the risk of complaints escalating into serious and potentially long-term conflicts that can lead to litigation, strikes, conflict situations.

● Contribute to compliance with regulatory requirements and stakeholder expectations. Grievance mechanisms help companies identify and actively manage human rights risks. As such, they are an integral part of a company's human rights due diligence and help ensure business compliance with national and international law, as well as stakeholder and investor expectations.

● A well-functioning grievance mechanism demonstrates the company's willingness to take community issues seriously. It also means it can respond faster to stakeholder needs and stand out from the competition.

WHAT ARGUMENTS CAN BE USED WITHIN THE COMPANY?

To convince management and the whole team in large companies that it is worth making an effort to ensure the effectiveness of the complaints mechanism, or to dispel your own doubts about whether it is worth it or not, you can use the following arguments:

✓ Risk prevention

“Complaint mechanisms can help us make sure that small issues don't turn into big problems.

They can help us prevent problems from recurring by identifying them early and addressing their root causes.”

✓ Data collection

“Complaint mechanisms accumulate data that can give us insight into our business processes/value chain. They help us track our performance and find out if our employees and stakeholders think we are doing the right thing.”

✓ Risk management

“Grievance mechanisms are tools for identifying actual and potential impacts and managing risk more effectively.”

“If we identify risks early, we can address problems before they become problems for our business.”

✓ Costs

“Effective complaint management can improve the workplace climate, which can help reduce employee turnover, reduce accidents and increase productivity.”

"Disputes are costly when they escalate."

"We can also improve the dialogue with workers and suppliers."

✓ Strategic approach

“Effective grievance mechanisms help us obtain and maintain our social license to operate.”

“They help us meet investor expectations.”

"They help us with our employer brand."

✓ Control

“Ignorance does not eliminate the problem. It just means that the risk is getting out of hand.”

“Why leave our fate in the hands of third parties? Wouldn't we rather identify and eliminate risks or charges within the company?"

✓ Regulation

“The growing number of voluntary and mandatory standards require us to put in place effective human rights complaint mechanisms at the operational level.”

✓ Values

"We must act because our values and our corporate culture require it."

✓ Sustainability

“Grievance redress mechanisms can help to involve local residents in solving problems.” 

WHO CAN USE THE COMPLAINT MECHANISM?

Depending on the nature of the problem that arises, complaints can come from different groups:

- On the organization of work (working hours, wages, discrimination, harassment in the workplace, etc.) - employees of the company, external personnel, employees of suppliers and business partners.

- Health and safety (occupational health / building safety) - company employees, external personnel, employees of suppliers and business partners, visitors, customers.

- Environment (hazardous substances, noise/light/smell problems, impact on waterways, seas and land) - communities living near the production, the general public.

- Product impact - company employees, consumers, the public.

It is important for the company to make the complaints mechanism accessible to all these groups.

WHAT CHANNELS CAN I USE TO SUBMIT COMPLAINTS?

● Hotline (employee or customer complaints hotline / ethics and compliance hotline / whistleblowing hotline or general issues hotline)

● Email

● Complaint box

● Open door policy/information policy

● Workforce surveys

● General meetings where participants have the opportunity to voice their concerns

● Workflow-related meetings (for example, shift handover)

● Designated contact person

● Dispute Resolution Committee

● Trade union

● Ombudsman

● Grievance redress system through sectoral/multilateral initiatives

● Hotlines in the supply chain

WHAT REQUIREMENTS SHOULD A COMPANY COMPLAINT MECHANISM MEET?

To ensure an effective complaints mechanism, it should be guaranteed that:

1. LEGITIMACY

The company, at a minimum, must answer itself the following questions (yes or no):

- Is there a clear and understandable process for complainants that describes the approach to handling complaints?

- Were clear responsibilities established and adequately trained for staff, including in human rights matters, who are responsible for dealing with incoming complaints?

- Is there a clear statement that people who file a complaint will not be harmed or penalized as a result, and is compliance monitored?

- Is there a mechanism for protecting personal data during the complaints process?

2. ACCESSIBILITY

- Are potential complainants aware of the possible ways to file a complaint and can they use them?

3. PREDICTABILITY

- Has the complaints process, its timeline and potential approaches to finding a solution been developed in advance and communicated to potential users?

4. JUSTICE

- Is the necessary support provided so that potential complainants can actually use the complaints mechanism (in particular, consultations, an interpreter if necessary, etc.)?

5. TRANSPARENCY

- Are applicants informed about the progress of the procedure?

- Is the effectiveness of the complaints mechanism monitored and published?

6. COMPLIANCE WITH HUMAN RIGHTS STANDARDS

- Do complaints about serious human rights violations have priority over other complaints?

- Have solutions and corrective measures been developed according to the needs of affected people?

7. CONTINUITY OF LEARNING

- Is the experience of using the grievance mechanism used to improve its functioning over time and to adapt other relevant management processes?

8. BASED ON DIALOGUE

- Are potential users involved in the development and evaluation of the effectiveness of the complaints mechanism?

- Are complaints processes using dialogue-based approaches?

If at least one question you answered in the negative, you have something to improve.

HOW TO MAKE INFORMATION ABOUT COMPLAINT MECHANISMS AVAILABLE?

You can improve access for employees, partners and supply chain workers, communities or consumers (including vulnerable groups) by considering the following measures:

- The contact details of the complaints mechanism are on the business cards of field quality control officers or auditors.

- Simple illustrated posters informing about the complaint handling procedure in the relevant languages, which can be posted on the websites of the company or suppliers.

- A short brochure showing how to file a complaint.

- Simple complaint forms that can be placed in a complaint box accessible to all interested parties.

- Public meetings and discussions with relevant stakeholders.

- Seminars for the company's own employees or suppliers.

- Educating company and/or supplier purchasing staff about the importance of local grievance mechanisms.

- Placing hotline numbers for complaints or contact details on products.

This article is element of a wide-ranging public information campaign to promote human rights issues in aspects of business practice in Kyrgyzstan within UNDP project Business and Human Rights (B+HR) funded by the government of Japan.

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The United Nations Development Programme (UNDP) is one of the leading development organizations in Kyrgyzstan. Since 1993, we have been working in various areas, including inclusive development, environmental protection, crisis response, gender equality promotion, and collaborative efforts towards sustainable development goals.

For more information, please visit our website: www.undp.org/ru/kyrgyzstan or follow us on social media @undpkg.

Media Contact: Nurzhan Alymkanova, Communications Specialist, UNDP Nurzhan.alymkanova@undp.org