All employees of a company included in the scope of profit-sharing agreements or employee savings plans benefit from their provisions.
However, a condition of seniority in the company or in the group of companies defined in articles L. 3344-1 and L. 3344-2 may be required. This may not exceed three months. To determine any seniority required, all employment contracts performed during the calculation period and the twelve months preceding it are taken into account. Temporary employees are deemed to have three months’ seniority in the employing company or group if they have been made available to user companies for a total of at least sixty days during the last financial year.
The ported employee referred to in articles L. 1254-1 et seq. is deemed to have three months’ seniority in the porting company or in the group employing him if he has provided a service to a client company for a total period of at least sixty days during the last financial year.
The maximum seniority condition of three months, provided for in the first paragraph, automatically replaces, as from the date of publication of law no. 2001-152 of 19 February 2001 on employee savings, any higher maximum seniority condition appearing in the profit-sharing and incentive agreements and in the company savings plan regulations in force on that same date.