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Article L3324-1 of the French Labour Code

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…

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Article L3324-2 of the French Labour Code

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…

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Article L3324-3 of the French Labour Code

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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Article L3324-5 of the French Labour Code

The allocation of the special profit-sharing reserve between the beneficiaries is calculated in proportion to the salary received, up to a limit of three times the ceiling mentioned in the first paragraph of Article L. 241-3 of the Social Security Code. For the beneficiaries referred to in the second paragraph of article L. 3323-6 of this code and in the third paragraph of article L. 3324-2, the allocation is calculated…

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Article L3324-6 of the French Labour Code

The following are treated as periods of presence, regardless of the method of distribution adopted by the agreement: 1° Periods of maternity leave provided for in Article L. 1225-17, paternity and childcare leave provided for in Article L. 1225-35, adoption leave provided for in Article L. 1225-37 and bereavement leave provided for in Article L. 3142-1-1 ; 2° Periods of suspension of the employment contract as a result of an…

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Article L3324-7 of the French Labour Code

The sums which could not be distributed due to the rules defined in articles L. 3324-5 and L. 3324-6 are immediately distributed among all the employees and, where applicable, the beneficiaries referred to in the second paragraph of article L. 3323-6 and in the third paragraph of article L. 3324-2, to whom sums of less than the individual rights ceiling determined by decree have been paid in application of these…

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Article L3324-8 of the French Labour Code

When a single agreement is concluded within an economic and social unit in application of article L. 3322-2 for undertakings that are not included in the same consolidation or combination of accounts within the meaning of the second paragraph of article L. 3344-1, the sums are distributed among all employees and, where applicable, the beneficiaries referred to in the second paragraph of article L. 3323-6 and the third paragraph of…

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Article L3324-9 of the French Labour Code

The Board of Directors or the Management Board may decide to pay a supplement to the special profit-sharing reserve in respect of the financial year ended, in compliance with the ceilings mentioned in Article L. 3324-5 and in accordance with the allocation procedures provided for by the profit-sharing agreement or by a specific agreement concluded in accordance with the procedures provided for in Article L. 3322-6. If the company has…

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Article L3324-10 of the French Labour Code

The rights constituted in application of the provisions of this title are negotiable or payable on expiry of a period of five years from the first day of the sixth month following the financial year in respect of which the rights arose, unless the employee requests payment of all or part of the corresponding sums under conditions laid down by decree. The request may be made on the occasion of…

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