Companies that are not obliged to implement a profit-sharing scheme may, by means of a profit-sharing agreement, voluntarily submit to the provisions of this Title.
The heads of these companies or, in the case of legal entities, their chairmen, general managers, managing directors or members of the management board, as well as the spouse or partner linked by a civil solidarity pact of the head of the company if he/she benefits from the status of collaborating spouse or associated spouse mentioned inarticle L. 121-4 of the Commercial Code, may benefit from this scheme.
If negotiations fail, the employer may unilaterally implement a profit-sharing scheme that complies with the provisions of this Title. The Social and Economic Committee is consulted on the draft unilateral participation scheme at least fifteen days before it is submitted to the administrative authority.
These undertakings, their employees and the beneficiaries referred to in the second paragraph shall be subject to the social and tax arrangements set out in Chapter V.