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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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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…

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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.

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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…

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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…

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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…

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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.

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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.

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