Section 2: Financial assistance for employees, company directors or managers.

The financial assistance of the social and economic committee and that of the company paid in favour of employees do not have the character of remuneration for the application of employment legislation and are excluded from the basis of assessment for the contribution defined inarticle L. 136-1 of the Social Security Code and from the basis of assessment for the contributions defined in article L. 242-1 of the same code…

The provisions of article L. 7233-4 also apply to the head of the company or, if the company is a legal entity, to its chairman, its managing director, its deputy managing director(s), its managers or the members of its management board, provided that the financial aid is paid to them for the same purpose and may benefit all the employees of the company in accordance with the same allocation rules.

Financial assistance from the company does not fall within the scope of the social and cultural activities of the social and economic committee mentioned in article L. 2323-83 and does not constitute social expenditure within the meaning of article L. 2323-86.

The financial assistance is exempt from income tax for beneficiaries. It is not taken into account in the amount of expenditure to be taken into account for the tax credit mentioned in article 199 sexdecies of the General Tax Code. The company’s financial aid benefits from the provisions of f of I of article 244 quater F of the same code.

Financial assistance may be managed by the social and economic committee or the company, or jointly by the social and economic committee and the company. In the case of joint management, the social and economic committee is consulted in advance about the management of the company’s financial aid, and the social and economic committee is involved in an evaluation procedure.

A decree specifies the conditions for application of articles L. 7233-4 and L. 7233-5.