To qualify for the exemptions provided for in articles L. 3315-1 to L. 3315-3, the collective employee profit-sharing scheme must be of a random nature and result from a calculation formula linked to :
1° Either to the company’s results or performance over the course of a year or a period of lesser duration, expressed as a whole number of months at least equal to three ;
2° Or to the results of one or more of its subsidiaries within the meaning of article L. 233-16 of the French Commercial Code, provided that, on the date the agreement is concluded, at least two thirds of the employees of these subsidiaries located in France are covered by a profit-sharing agreement.
The calculation formula described in 1° may be supplemented by a multi-year objective linked to the company’s results or performance.