Article L3323-4 of the French Labour Code
November 7, 2023
Participation agreements are filed with the administrative authorities. This filing is a prerequisite for entitlement to the exemptions provided for in Chapter V.
Participation agreements are filed with the administrative authorities. This filing is a prerequisite for entitlement to the exemptions provided for in Chapter V.
If a profit-sharing agreement has not been signed within one year of the end of the financial year in respect of which the employees’ rights have arisen, this situation is recorded by the Labour Inspector. The sums allocated to employees are placed in a current account that the company must use for investments and, subject to the cases provided for by decree in application of article L. 3324-10, frozen for…
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…
An agreement or an extended branch agreement may provide for the implementation of a participation scheme in agricultural undertakings employing employees mentioned in 1° to 3°, 6° and 7° ofarticle L. 722-20 of the Rural and Maritime Fishing Code , in accordance with terms and conditions that derogate from the provisions of article L. 3324-1. These companies and their employees then benefit, under the same conditions, from the social and…
When there is a change in the legal situation of the company, by merger, transfer or demerger, making it impossible to apply a profit-sharing agreement, this agreement ceases to have effect between the new employer and the company’s employees. In the absence of a profit-sharing agreement applicable to the new company, the latter undertakes, within six months of the end of the financial year in which the change occurred, negotiations…
The provisions of this Title as well as those governing cooperative production companies and agricultural cooperatives are adapted, by decree of the Conseil d’Etat, to make them applicable to these companies. By way of derogation from article L. 3324-10, the profit-sharing agreement applicable in these companies may provide that all or part of the special profit-sharing reserve is only payable on expiry of a period of five years from the…
The provisions of this Title do not apply to financial years prior to the financial year following 1 January 2005 for companies, groupings or legal entities, whatever their legal status, of which more than half of the capital is held, together or separately, directly or indirectly, by the public establishments and public undertakings mentioned in the second paragraph of Article L. 3321-1, with the exception of those for which these…
The special employee profit-sharing reserve is set up as follows: 1° The sums allocated to this special reserve are, after closure of the accounts for the financial year, calculated on the profit made in mainland France and in Guadeloupe, French Guiana, Martinique, Mayotte, La Réunion, Saint-Barthélemy and Saint-Martin, as used for income tax purposes or at the corporation tax rates provided for in the second paragraph and in b of…
The profit-sharing agreement may establish a profit-sharing scheme with a calculation basis and procedures different from those defined in Article L. 3324-1. This agreement does not dispense with the application of the rules defined in that article unless, in compliance with the principles laid down in this title, it provides at least equivalent benefits for employees. The basis of calculation may therefore be one third of net profit for tax…
In companies subject to income tax, the profit to be deducted, before deduction of the corresponding tax, is equal to the taxable profit for that financial year, less : 1° Normal remuneration for the work done by the company director, where such remuneration is not included in overheads for the purposes of calculating tax under ordinary law; 2° Losses recorded over the previous five years which have been set off…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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