Overall, the ruling is balanced and highlights the ongoing progress made by La Poste group to improve its vigilance plan.
On the merits, the judges dismissed all the Sud PTT union's claims: those relating to additional safeguards and vigilance measures concerning subcontracting; the fight against harassment; psycho-social risks; and the fight against concealed work. They asked La Poste to complete its risk mapping, adapt the resulting third-party assessment procedures and ensure better publication of monitoring systems.
It was the vigilance plans for 2019 and 2020 (published in the universal registration documents for 2020 and 2021) that were judged. However, since a summons cannot be issued unless a prior formal notice has been served, this means that, by construction, any judgement on plans that are a little old will be postponed. The judge himself expressed surprise at this at the hearing on 19 September 2023.
In any case, the plans for 2021 and 2022 already include a number of elements requested by the judge. For example, in formulating his injunctions, the judge was unable to take into account the development of the Group's warning system, which, in accordance with legal obligations, was presented to the Staff Representative Bodies before being appended to the Internal Regulations on 8 September 2023. This progress was therefore not taken into account during the hearing on 19 September and the ruling on 5 December.
The Court highlighted La Poste group's continuous improvement approach since the creation of the duty of care law:
‘(...) La Poste annually modifies and enriches its duty of care plan, which it began drawing up as soon as Law no. 2017-399 of 27 March 2017 came into force. A comparison of the plans drawn up for 2020 and 2021 shows significant progress, as part of a dynamic improvement process.’
It therefore did not deem it necessary to impose financial penalties.
It should be remembered that this law has not been the subject of any implementing decree or guidelines, leaving companies subject to it in a state of great legal uncertainty.
Pending the adoption of the European Directive on due diligence, which will be more precise and on which political agreement was reached between the European Parliament and the EU Member States on 14 December, the courts have clarified certain expectations regarding the implementation of due diligence obligations.
The main projects in 2023 involved:
- Completing the body of Group documentation by drawing up and distributing a Group Duty of Care policy (see attached file) setting out the framework and guidelines applying to all controlled subsidiaries; a new Code of Conduct.
- The commitment of the management bodies: in December 2023, the members of Comex renewed their signature of the letter of commitment relating to the implementation of these compliance policy frameworks within their respective perimeters.
- Enhancement of the risk management system, e.g. extended scope of risk mapping, introduction of risk prevention/mitigation measures common to all purchasing categories of La Poste SA, La Poste Immobilier and La Banque Postale, etc.
- The DDV risk assessment system also includes an annual self-assessment exercise designed to determine the progress made by the controlled entities in deploying their vigilance plan. In 2023, the replacement of the self-assessment questionnaire by a level 2 internal control questionnaire has been initiated and will be finalised for the 2024 campaign.
The Compliance Plan and its improvements are presented each year to the Group Executive Committee, the Audit Committee and the Joint Social Dialogue Committee. A steering committee comprising the various Group subsidiaries and functional departments involved in the duty of care meets several times a year to ensure that the measures taken are effectively implemented and monitored.
It is within this governance framework that La Poste will continue its work and take all necessary measures to meet the requirements of the ruling.
Finally, La Poste reiterates its full support for the values advocated by the law and undertakes to do its utmost to prevent serious violations of human rights, fundamental freedoms, the health and safety of individuals and the environment, including in the context of its subcontracted activities.