The approval procedure applies to branch agreements on profit-sharing and incentive schemes, or setting up a company savings plan, an inter-company savings plan, a collective company retirement savings plan or an inter-company collective company retirement savings plan.
Only agreements that are open to company membership and amendments to agreements that are open to company membership may be subject to the approval procedure.
Approval is granted by the Minister responsible for labour.
The approval procedure is conducted within four months of the filing of the agreement or its amendment, carried out under the conditions set out in articles D. 2231-2, D. 2231-3 and D. 2231-7. The competent Minister may extend this period by a further two months. He shall inform the applicant of the agreement of this extension.
In the event of a request for extension in accordance with article L. 2261-24 concomitant with the filing of the agreement or its amendment, the extension and approval procedures may be initiated simultaneously.
Depending on the needs of the investigation, additional information may be requested from the applicant.
Approval may only be granted for an agreement or amendment that complies with the legal provisions, in particular with respect to the random nature of profit-sharing as provided for in article L. 3314-2 and the collective nature of employee savings as provided for in article L. 3342-1.