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Part Three: Working hours, pay, profit-sharing and employee savings schemes

Article D3313-13 of the French Labour Code

When a beneficiary requests payment of the profit-sharing in accordance with the provisions of article R. 3313-12, or when the profit-sharing is allocated to an employee savings plan, the company makes this payment before the first day of the sixth month following the end of the calculation period for which the profit-sharing is due. Where this calculation period is less than twelve months, the payment is made before the first…

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Article D3314-1 of the French Labour Code

The salaries to be taken into consideration when calculating the ceiling provided for in the first paragraph of Article L. 3314-8 are the total gross salaries paid to all employees of the company or of one or more establishments, depending on the scope of the company agreement.

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Article D3314-2 of the French Labour Code

Bonuses paid to employees under the profit-sharing agreement and deductible from taxable income pursuant to article L. 3315-1 may result from the distribution, among all the employees of the company or of one or more establishments, depending on the scope of the agreement: 1° Either of a global sum resulting from the profit-sharing method adopted for this company or this establishment or these establishments; 2° Or of sums for which…

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Article R3314-3 of the French Labour Code

When the profit-sharing is distributed in proportion to salaries, the salaries to be taken into account for periods of leave, maternity leave, paternity leave, childcare leave, adoption leave and bereavement leave, as well as periods of suspension following an accident at work or occupational disease and periods of quarantine, are those that the beneficiary would have received had he been present.

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Article R3314-4 of the French Labour Code

With the exception of articles D. 3313-5 to D. 3313-7, the provisions of this Title apply to the profit-sharing supplement provided for in article L. 3314-10 and to the specific distribution agreement to which it may give rise.

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Article R3321-1 of the French Labour Code

The provisions of this Title, with the exception of articles R. 3322-1, R. 3322-2, D. 3323-4, R. 3323-6, R. 3323-10 and D. 3324-1, also apply to the persons mentioned in the second paragraph of article L. 3323-6 and the third paragraph of article L. 3324-2.

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Article D3321-2 of the French Labour Code

Employees of an employers’ group that has not set up a profit-sharing scheme may benefit from the profit-sharing schemes set up in each of the companies in the group to which they are seconded if the agreement so provides.

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Article R3322-2 of the French Labour Code

Companies constituting an economic and social unit set up profit-sharing, either through a single agreement covering the economic and social unit, or through separate agreements covering all the employees of these companies.

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Article D3323-1 of the French Labour Code

The agreement or the unilateral decision on profit-sharing or the unilateral document provided for in article L. 3322-9 is filed on the remote-procedure platform mentioned in article D. 2231-4 under the conditions provided for in this article and in II of article D. 2231-2.

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Article D3323-3 of the French Labour Code

If the participation scheme is set up at the initiative of the company, the decision specifying the terms and conditions of this unilateral subjection is filed with the minutes of the consultation of the social and economic committee provided for in the second paragraph of article L. 3323-6.

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