The sharing contract referred to in Article L. 23-11-2 shall benefit all employees present in the company or companies mentioned in article L. 23-11-1 for all or part of the period between the date it is signed and the date of the sale of the shares in the company concerned and who are members of the company savings plan on the date of this sale.
The following are treated as periods of presence:
1° Periods of maternity leave provided for in article L. 1225-17 of the French Labour Codeand adoption leave provided for in article L. 1225-37 of the same code;
2° Periods of suspension of the employment contract as a result of an accident at work or an occupational disease pursuant to article L. 1226-7 of the said code.
The sums are distributed among the beneficiary employees in accordance with 2° of article L. 3332-11 of the same code in a uniform manner, proportional to the length of presence in the company during the period between the signing of the contract and the transfer of the shares or proportional to the salaries.
The sums distributed may not exceed 30% of the annual amount of the ceiling mentioned in article L. 241-3 of the Social Security Code.
The benefit of the capital gains sharing agreement is subject to a condition of seniority in the company during the period covered by the capital gains sharing agreement which may not be less than that provided for in article L. 3342-1 of the Labour Code nor more than two years.