The profit-sharing agreement is filed with the competent administrative authority within a period and in accordance with procedures determined by regulation. If none of the bodies mentioned in articles L. 213-1 and L. 752-4 of the Social Security Code or inarticle L. 723-3 of the Rural and Maritime Fishing Code has commented by the end of the period provided for in the first paragraph of article L. 3345-2 of this…
When a change occurs in the legal situation of the company, in particular by merger, transfer or demerger, which requires the setting up of new staff representative institutions, the profit-sharing agreement continues or may be renewed in accordance with one of the methods provided for in article L. 3312-5. Where this change makes it impossible to apply the profit-sharing agreement, the agreement ceases to have effect between the new employer…
The methods for calculating profit-sharing may vary from one establishment or work unit to another. To this end, the profit-sharing agreement may refer to establishment agreements.
To qualify for the exemptions provided for in articles L. 3315-1 to L. 3315-3, the collective employee profit-sharing scheme must be of a random nature and result from a calculation formula linked to : 1° Either to the company’s results or performance over the course of a year or a period of lesser duration, expressed as a whole number of months at least equal to three ; 2° Or to…
Profit-sharing for employees of an economic interest group or an employers’ group may take into account the results or performance of the group’s member companies.
To be eligible for the exemptions provided for in articles L. 3315-1 to L. 3315-3, the profit-sharing agreement must have been concluded before the first day of the second half of the calculation period following the date on which it takes effect.
Incentive payments may be distributed evenly among beneficiaries, in proportion to the length of time they have been with the company during the financial year, or in proportion to their salaries. The agreement may also combine these different criteria. These criteria may vary according to establishments and work units. To this end, the agreement may refer to establishment agreements. The following are treated as periods of presence: 1° Periods of…
For the persons mentioned in article L. 3312-3, when it is proportional to salaries, the allocation takes into account the annual remuneration or the professional income taxed for income tax purposes for the previous year, up to a ceiling equal to the highest salary paid in the company. However, if the agreement so provides, for the persons mentioned in 3° of the same article L. 3312-3, the allocation in proportion…
A profit-sharing agreement approved in application ofOrdinance no. 59-126 of 7 January 1959 designed to promote employee involvement in the company may continue to use the distribution criteria based on seniority and qualifications as approved in this context, provided that it has been renewed without interruption since its last approval.
The total amount of bonuses distributed to beneficiaries must not exceed 20% of the total gross salaries and, where applicable, of the annual remuneration or professional income of the beneficiaries mentioned in article L. 3312-3 subject to income tax in respect of the previous year paid to the persons concerned. The amount of bonuses distributed to any one beneficiary may not, in respect of any one financial year, exceed a…
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182, rue de Rivoli
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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