In undertakings or groups which have a profit-sharing agreement and which work together with other undertakings on a specific and coordinated activity, an agreement may be concluded to provide for all or some of the employees to benefit from a project-based profit-sharing scheme.
This project profit-sharing agreement is negotiated under the conditions provided for in this chapter if it only involves all or some of the employees of the same company or group. It is negotiated according to the same procedures as those provided for in the first paragraph of article L. 3333-2 if it involves all or some of the employees of undertakings which do not form a group.
In both cases, the two-thirds majority required for ratification applies to employees falling within the scope of the project.
In companies with a profit-sharing agreement, this agreement may include a project-based profit-sharing scheme defining a common objective for all or some of the company’s employees.
The agreement defines a specific scope and calculation period, which may differ from those provided for in articles L. 3311-1 and L. 3312-5 , but may not exceed five years.
The application of the provisions of the first paragraph of article L. 3312-4 to project profit-sharing does not give rise to the application of article L. 131-7 of the Social Security Code.