The exemption provided for in Article L. 411-9 is granted if :
1° The fraction of the value of the holiday vouchers paid for by the employer is higher for employees with the lowest salaries;
2° The amount of the employer’s contribution and the terms and conditions of its allocation, in particular the modulation defined in accordance with 1° above, are the subject either of a collective branch agreement at national, regional or local level providing for the terms and conditions of implementation in companies with fewer than fifty employees, or of an agreement concluded under the conditions provided for in articles L. 2234-1 to L. 2234-3 of the Labour Code, or a company agreement concluded with one or more staff representatives designated as trade union representatives or, in the absence of such trade union representation and of a collective branch agreement, a proposal from the head of the company submitted to all the employees;
3° The employer’s contribution does not replace any element forming part of earned income as taken into account to determine the basis for contributions defined in article L. 242-1 of the Social Security Code, or provided for in the future by individual or collective contractual stipulations.