Book III: Employee dividends: incentives, profit-sharing and employee savings schemes

The salary used as a basis for the proportional distribution of the special profit-sharing reserve is equal to the total earned income, as taken into account for the determination of the basis for contributions defined in article L. 242-1 of the Social Security Code, received by each beneficiary during the financial year in question, without this total exceeding a sum, which is identical for all employees and is set out…

For periods of absence due to maternity leave, adoption leave or bereavement leave and for periods of suspension of the employment contract due to an accident at work or an occupational disease or quarantine, the salaries to be taken into account are those that the beneficiary would have received had he not been absent.

The amount of rights that may be allocated to any one employee may not, for any one financial year, exceed a sum equal to three quarters of the ceiling provided for in Article D. 3324-10.

Where the employee has not spent a full year with the same company, the ceilings provided for in articles D. 3324-10 and D. 3324-12 are calculated in proportion to the length of time the employee has been with the company.

The sums remaining in the special employee profit-sharing reserve, pursuant to the second paragraph of Article L. 3324-7, may only give entitlement to the deductions and exemptions provided for in Articles L. 3325-1 and L. 3325-2 in respect of the financial years during which they are distributed.

The ceilings provided for in articles D. 3324-10 and D. 3324-12 apply to the total profit-sharing allocated to each employee.

With the exception of articles R. 3322-1, D. 3323-8 to R. 3323-11, D. 3324-1 to D. 3324-10 and D. 3325-1 to R. 3326-1, the provisions of this Title are applicable to the supplement to the special profit-sharing reserve provided for in article L. 3324-9 and to the specific allocation agreement to which it may give rise.