The sums allocated to the beneficiaries in application of the profit-sharing agreement or in respect of the profit-sharing supplement mentioned in article L. 3314-10 are excluded from the basis of assessment for the contributions defined in articles L. 131-6 and L. 242-1 of the Social Security Code and articles L. 731-14, L. 731-15 and L. 741-10 of the Rural and Maritime Fishing Code. These sums may not replace any remuneration elements, within the meaning of the same articles, in force in the company or which become compulsory by virtue of legal provisions or contractual clauses.
However, in the event of total or partial withdrawal of a remuneration component, this rule of non-substitution may not have the effect of calling into question the exemptions provided for both in this article and in articles L. 3315-1 to L. 3315-3, provided that a period of twelve months has elapsed between the last payment of this remuneration component and the effective date of this agreement.
The sums mentioned in the first paragraph do not have the status of salary components for the application of labour legislation.