Introduction

Scope of application

Compliance program

Protection of whistleblowers

Audit and sanctions

Rules arising from the Sapin II Law

EU law

French law

Rules derived from competition law

Sapin II Law/Competition

Scope ratione personae

Scope ratione materiae

Scope

Development of plan

Measures included in plan

Inclusion in management report

Vigilance plan

Injunctions

Civil liability

Sanctions

Duty of vigilance (devoir de vigilance)

CSR programs

Reporting

Communication

Reporting and communication

Judicial sanctions

Risk to reputation, strategy and stability

Corporate Social Responsability (CSR)

Middlenext Code

IFA Corpus

AFEP - MEDEF Code

Types

Principles of governance

Principles incorporating CSR values

Principles

Comply or explain

Binding force

Private codes of conduct

Compliance

Article L. 225-102-4, paragraph 3, of the Commercial Code requires undertakings to be vigilant with regard to personal health and safety. This area is subject to both national and international regulations.
Articles L. 4121-1 et seq. of the Labor Code require employers to take the necessary measures to ensure the safety and protect the physical and mental health of workers, and to ensure that thes …

Protection of persons

Article L. 225-102-4, paragraph 3, of the Commercial Code requires undertakings to be vigilant with regard to personal health and safety. This area is subject to both national and international regulations.

Articles L. 4121-1 et seq. of the Labor Code require employers to take the necessary measures to ensure the safety and protect the physical and mental health of workers, and to ensure that these measures are adapted to take account of changing circumstances and aim to improve existing situations. These measures include actions to prevent occupational risks, information and training, and the implementation of appropriate organization and resources.

At European level, a directive dated 12 June 1989  lays down measures to promote and improve workers' health and safety, requiring employers to implement appropriate preventive and training measures to avoid pain and suffering.

Furthermore, the International Labor Organization (ILO), in its Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, encourages undertakings to adopt professional standards likely to limit the risks of accidents or illness in the professional environment, through rational methods of prevention, notification and inspection.

First and foremost, the ILO recommends the establishment of a dialogue between the government and employers' and workers' organizations. Secondly, it proposes the introduction and periodic review of requirements and procedures for the reporting of occupational accidents and diseases, and the publication of corresponding annual statistics. Finally, it advocates the establishment of occupational medicine departments at undertaking level, with a primarily preventive remit, responsible for advising the employer, workers and their representatives in the undertaking on the preservation of a safe and healthy working environment.

Workers are not the only beneficiaries of protection standards: undertakings must include in their programs all persons likely to be affected by their activities. Here again, it is up to undertakings to identify the standards best suited to their business context, reconciling French, local and international rules as far as is possible.

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work.

Compliance

105. Protection of persons

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Les notions juridiques connexes

105. Protection of persons

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Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise