Call Us + 33 1 84 88 31 00

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

Article D3323-4 of the French Labour Code

When a group profit-sharing agreement is concluded, the documents filed on the remote-procedure platform mentioned in Article D. 2231-4 under the conditions provided for in that Article and in II of Article D. 2231-2 include : 1° Whatever the method used to conclude the agreement, the mandates authorising the representative of the various companies concerned to sign the group agreement; 2° If the agreement has been concluded with one or…

Read More »

Article R3323-5 of the French Labour Code

When the ratification of a group agreement is requested jointly by the representative of the companies concerned and one or more trade union organisations, or the majority of the social and economic committees of the companies concerned, or the group works council, this is mentioned in the documents filed.

Read More »

Article R3323-6 of the French Labour Code

When the draft group agreement ratified by the employees does not mention a joint request, it is filed with the agreement: 1° A certificate from the various heads of the undertakings concerned to the effect that they have not been notified of any appointment of trade union delegate; 2° And, for undertakings subject to the legislation on social and economic committees, a statement of default dating back less than four…

Read More »

Article D3323-8 of the French Labour Code

The party denouncing a participation agreement or the employer, in the case where the participation scheme has been set up in accordance with the second paragraph of article L. 3322-9 or the third paragraph of article L. 3323-6, shall immediately file this decision on the tele-procedure platform mentioned in article D. 2231-4 under the conditions provided for in this article and in II of article D. 2231-2. The denunciation of…

Read More »

Article R3323-9 of the French Labour Code

In sociétés coopératives de production, the special reserve for employee profit-sharing is calculated on the following basis: 1° The profit is deemed to be equal, for each financial year, to the net management surpluses defined in article 32 of law no. 78-763 of 19 July 1978 on the status of sociétés coopératives de production, less the fraction equal to 25% of these surpluses, provided for in article 33, paragraph 3…

Read More »

Article R3323-10 of the French Labour Code

Under the terms of a profit-sharing agreement, the portion of net management surpluses distributed among employees in application of article 33° of the aforementioned law of 19 July 1978 may be allocated in whole or in part to the constitution of the special profit-sharing reserve. In this case, the special profit-sharing reserve and the investment provision are set up before the end of the financial year.

Read More »

Article R3323-11 of the French Labour Code

A profit-sharing agreement concluded within a société coopérative de production may stipulate that the use of the special profit-sharing reserve in company shares, whatever the legal form of the company, is reserved for members employed in the company.

Read More »

Article D3323-13 of the French Labour Code

Within six months of the end of each financial year, the employer submits a report to the social and economic committee or to any specialised committee set up by this committee. This report includes in particular: 1° The elements used to calculate the amount of the special employee profit-sharing reserve for the past financial year; 2° Precise information on the management and use of the sums allocated to this reserve.

Read More »

Article D3323-14 of the French Labour Code

When the Social and Economic Committee is called upon to meet to examine the report relating to the profit-sharing agreement, the issues thus examined are the subject of separate meetings or of a special mention on its agenda. The Committee may be assisted by the Chartered Accountant provided for in article L. 2325-35.

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.