Company Profit Sharing : New obligations for employers in France

French Law no. 2023-1107 of 29 November 2023 creates new profit-sharing obligations. Hereafter our overview of the new measures that came into force on 1st December 2023, while awaiting the implementing decrees that will soon finalize the system.

1. New provisions applicable from 2024

• Optional : Value sharing Bonus (“prime de partage de la valeur” or “PPV”):

From 1st January 2024, the value-sharing bonus may be paid twice in the same calendar year, up to the total exemption limits (€3,000 or €6,000 per employee).

These bonuses can now be invested in an employee savings plan (PEE, PEI, PERCO) or a company pension savings plan. A decree will specify the conditions and timeframe for this investment.

• Mandatory profit-sharing (“Participation”):

Possibility of derogating from the statutory profit-sharing formula in companies with fewer than 50 employees: for a period of 5 years from publication of the law, companies that are not obliged to set up a profit-sharing scheme may derogate from the statutory profit-sharing formula and provide for a calculation formula that is less favourable to employees.

Immediate introduction of profit-sharing for companies with more than 50 employees that have a profit-sharing agreement: the derogation allowing companies with a profit-sharing agreement to delay the introduction of profit-sharing for 3 years has been abolished.

• Optional and mandatory profit-sharing schemes (“Intéressement” and “Participation”):

Taking into account an exceptional increase in net taxable profit: Companies with more than 50 employees that are required to set up a profit-sharing scheme and that have at least one trade union delegate must negotiate on the definition of an exceptional result of their profits and on the sharing of the resulting added value for employees. This measure applies from the next round of negotiations on profit-sharing or incentive schemes, i.e. from now on for companies currently negotiating on these issues. For companies that already have a participation or intéressement agreement, these new negotiations must be initiated before 30 June 2024.

Introduction of a floor bonus: perpetuation of the floor and ceiling salaries to guarantee a minimum profit-sharing bonus for low-paid workers.

Advances on bonuses: Possibility of setting up advances on profit-sharing bonuses on a minimum quarterly basis.

• Optional company value sharing plan (PPVE)

Without being shareholders, employees may be remunerated in proportion to the change in the value of the company over a 3-year period. This new PPVE bonus applies to all employees with at least one year's seniority at the start of the 3-year period. This scheme is awaiting an implementing decree that will specify the terms and conditions.

2. New provisions applicable in 2025 : Obligation to set up a value-sharing scheme in companies with more than 11 employees

From 1st January 2025, companies which not subject to the obligation to set up a profit-sharing scheme (“participation”) will have to set up a value-sharing scheme if the following conditions are met:

• Average headcount ranging between 11 and 49 employees in France. The Ministry of Labour mentioned that this obligation would also apply to companies with more than 50 employees that do not meet the conditions for being subject to mandatory profit-sharing.
• Net profit for tax purposes of at least 1% of sales for 3 consecutive financial years: for implementation in 2025, the calculation will therefore cover the years 2022 to 2024.
• No previously applicable profit-sharing scheme: this condition therefore excludes companies that have already set up a voluntary profit-sharing scheme.

If these conditions are met, the company must put in place at least one value-sharing scheme, which may take one of the following forms:

• Voluntary participation (with an option to change the legal calculation formula),
• Profit sharing (“intéressement”),
• Value-sharing bonus,
• Employer contribution to an employee savings plan (PEE, PEI, PERCO, PERECO).