The allocation of the special profit-sharing reserve between the beneficiaries is calculated in proportion to the salary received, up to a limit of three times the ceiling mentioned in the first paragraph of Article L. 241-3 of the Social Security Code. For the beneficiaries referred to in the second paragraph of article L. 3323-6 of this code and in the third paragraph of article L. 3324-2, the allocation is calculated in proportion to the annual remuneration or professional income taxed for income tax purposes for the previous year, capped at the level of the highest salary paid in the company, and within the limits of individual allocation ceilings determined by decree.
However, the profit-sharing agreement may decide that this allocation between beneficiaries is uniform, proportional to the length of time the beneficiary has been with the company during the financial year, or may use several of these criteria together.
The agreement may set a minimum salary to be used as the basis for calculating the individual portion.
The ceiling for individual distribution determined by the decree provided for in the first paragraph may not be adjusted upwards or downwards in any way, including by an agreement referred to in Article L. 3323-1.