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.
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.
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.
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.
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.
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.
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.
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…
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.
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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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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