A-Infos (en) France, UCL AL #371 - Unionism - Duty of Vigilance: Yves, you're in trouble! (ca, de, fr, it, pt, tr)[machine translation]

On March 12, the Paris Judicial Court ruled against the Rocher Group - 
Yves Rocher Plant Biology Laboratories - for failing in its duty of 
vigilance towards the employees of its Turkish subsidiary. This landmark 
decision comes after years of struggle for recognition of 132 unfair 
dismissals. ---- In 2018, the story shook the Turkish labor movement: 
female workers at Kosan Kozmetik, a Rocher Group subsidiary in Turkey, 
were laid off en masse. They had recently joined the Petrol-Is union and 
were demanding improved working conditions and an end to gender 
discrimination in the factory. 300 days of struggle later, the group 
offered a paltry severance package and continues to refuse their 
reinstatement. Thirty-four female workers, supported by their union and 
the associations Sherpa and Action Aid, then took their boss to court in 
France.

A partial victory... This is not the first scandal to tarnish the 
reputation of the Rocher Group[1]. The group was already convicted in 
2021 by the Rennes Court of Appeal for falsified promotions. A boycott 
campaign was also launched following its continued operations in Russia, 
a country embroiled in an imperialist war. French protests against the 
multinational resumed in 2023 when it announced the closure of its 
Ploëmel factory in Brittany, along with the elimination of 300 jobs by 2026.

This time, since the Turkish subsidiary has not been under the Rocher 
Group's control since 2024, only financial compensation was considered 
by the French courts. The court ultimately ruled that the layoffs were 
carried out to prevent a union from establishing itself! While the 
associations were only seeking symbolic compensation of one euro, the 
court ordered Petrol-Is to pay 40,000 euros and the former employees 
8,000 euros. It should be noted, however, that only nine employees were 
heard by the court, as the tribunal concluded that those who accepted 
the compensation offered in 2019 had already received redress. This 
decision was handed down with immediate effect, and the Rocher Group has 
already announced its right to appeal.

...which marks a turning point in history. The Paris Judicial Court thus 
rejected the application of Turkish law, prioritizing the responsibility 
of French companies towards their foreign subsidiaries. This decision 
comes at a crucial time for our union struggles. Last November, the 
European right and far right voted hand in hand to dismantle due 
diligence laws[2]. The court ruling recognizing the repression of union 
activity against the female workers at Kosan Kozmetik thus serves as a 
reminder of these companies' responsibilities in their foreign 
factories. While La Poste was symbolically condemned in 2023 for failing 
to uphold due diligence, the Rocher Group is the first French company to 
receive a court order requiring it to financially compensate for its 
actions outside of France. This decision could set a precedent and 
impact proceedings against Casino and its appropriation of Brazilian 
indigenous lands, or Total Energies and its fossil fuel expansion policy.

Ness (UCL Marseille)

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[1]13,500 employees and over EUR2.2 billion in revenue in 2024.

[2]The Duty of Vigilance Law, in force since 2017 in France and in 2024 
in Europe, requires large companies to prevent risks of human rights and 
environmental abuses in their foreign subsidiaries.

https://www.unioncommunistelibertaire.org/?Devoir-de-vigilance-Yves-gros-cheh
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