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

Article D3332-16-1 of the French Labour Code

The annual statement of account sent to beneficiaries by the administrative account registrar, as provided for in article L. 3332-7-1, includes : 1° Identification of the company and the beneficiary; 2° The total amount of rights and assets held in the beneficiary’s account, estimated at 31 December of the previous year; 3° The amount of his rights and assets per management vehicle, with the dates on which they are available,…

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Article R3332-17 of the French Labour Code

The costs of maintaining a custody account for former employees of the company, where they are not borne by the company, may be deducted from the assets in accordance with the conditions laid down by the profit-sharing agreement or by the collective agreement setting up the company savings plan or, failing that, by the fund regulations.

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Article R3332-19 of the French Labour Code

For the application of the fifth paragraph of article L. 3332-17, the appraised value of the company is determined in accordance with the procedures set out in articles R. 3332-22 and R. 3332-23. The employer informs the employees individually of this appraised value, of its evolution in relation to the last value communicated, of the date of the next publication of the net asset value of the company’s mutual fund,…

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Article R3332-20 of the French Labour Code

When the legal situation of a company which has set up a company savings plan changes, in particular by merger, sale, takeover or demerger, the signatories of the agreement or, where the plan has not been set up pursuant to an agreement, the employer, may decide to transfer the employees’ assets to the savings plan of the new company, if the latter includes undertakings for collective investment in transferable securities…

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Article R3332-21 of the French Labour Code

In the case provided for in article R. 3332-20, where the employee savings plan has not been set up in application of an agreement with the personnel, the social and economic committee, where it exists, is consulted on the transfer project at least fifteen days before it is actually carried out.

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Article R3332-21-1 of the French Labour Code

The condition set out in 2° of I of Article L. 3332-17-1 is met when either of the following two conditions is met: 1° Operating expenses relating to activities involved in the pursuit of social utility, within the meaning ofArticle 2 of Law No. 2014-856 of 31 July 2014 on the social and solidarity economy, represent at least 66% of all operating expenses in the company’s income statement over the…

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Article R3332-21-3 of the French Labour Code

I.-The “socially useful solidarity enterprise” approval provided for in Article L. 3332-17-1 is issued by the prefect of the département in which the enterprise has its registered office. When the company has its registered office in another Member State of the European Union, it submits its application for approval to the prefect of the département where it has its main establishment in France. II – The application for authorisation is…

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