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Article L3326-1 of the French Labour Code

The amount of the company’s net profit and shareholders’ equity are established by a certificate issued by the tax inspector or the auditor. They may not be challenged in disputes arising from the application of this Title. Disputes relating to the amount of wages and the calculation of added value provided for in 4° of Article L. 3324-1 are settled by the procedures stipulated by the profit-sharing agreements. Failing this,…

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Article L3326-2 of the French Labour Code

Penalties may be imposed by the court on companies that fail to fulfil their obligations under this Title. Only the employees of the company in question and the public prosecutor in whose jurisdiction the company is located are entitled to take action. The penalty is provisional and is liquidated by the judge once the company has fulfilled its obligations. When liquidating the astreinte, account is taken in particular of the…

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Article L3331-1 of the French Labour Code

The provisions of this Title apply to private-law employers and their employees. Where reference is made in this Title to the number of employees, this number and the crossing of the threshold are determined in accordance with the procedures set out in Article L. 130-1 of the Social Security Code.

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Article L3332-2 of the French Labour Code

Former employees who have left the company on retirement or early retirement may continue to contribute to the company savings plan. In companies employing at least one employee and less than two hundred and fifty employees, the following may also participate in company savings plans: 1° The managers of these companies ; 2° The chairmen, general managers, managing directors or members of the management board, in the case of legal…

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Article L3332-3 of the French Labour Code

The company savings plan may be set up at the initiative of the company or by an agreement with the employees, concluded under the conditions provided for in article L. 3322-6, in particular with a view to receiving payments made in application of Titles I and II relating to profit-sharing and employee shareholding in the company’s results.

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Article L3332-4 of the French Labour Code

Where the company has at least one trade union delegate or a social and economic committee, the company savings plan is negotiated under the conditions set out in article L. 3322-6. If, at the end of the negotiations, no agreement has been reached, a statement of disagreement is drawn up in which the respective proposals of the parties and the measures that the employer intends to apply unilaterally are recorded…

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Article L3332-5 of the French Labour Code

When the company savings plan is not established by virtue of an agreement with the employees, the social and economic committee is consulted on the draft regulations of the plan at least fifteen days before they are filed with the administrative authority.

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