Sharing of value: two draft decrees specify several measures of the law

Sharing of value: two draft decrees specify several measures of the law
Sharing of value: two draft decrees specify several measures of the law

Draft decrees expected for the implementation of several measures of the law and the ANI

As a reminder, the so-called “Sharing of value” law was taken in order to transpose the ANI relating to the sharing of value within the company concluded by the social partners in February 2023.

At the end of the parliamentary process, the law was published in the Official Journal of November 30, 2023 (law 2023-1107 of November 29, 2023, JO of the 30).

Some of the law’s measures were able to come into force immediately, but others required implementing decrees.

In addition, several provisions of the ANI did not require transposition by legislative means, but by regulatory means.

After several months of waiting, these decrees are about to be published. Two draft decrees were sent to the social partners for consultation. They provide a whole series of expected details.

These are only draft texts, which are therefore still subject to modification before their publication in the Official Journal.

The list of clarifications provided by the draft decrees

Below we broadly outline the details provided by the draft decrees. We will publish a detailed commentary on each of them in articles to appear in the coming days.

Value sharing bonus (PPV). – The draft decrees specify:

  • the methods for calculating the threshold of fewer than 50 employees giving entitlement to the enhanced exemption regime;
  • the deadline for assigning the PPV to an employee savings plan or a company retirement savings plan and the terms of information of the employee by the employer.

Savings plans. – In terms of employee savings plans and company retirement savings plans, the draft decrees:

  • establish the list of “green fund” labels which must be proposed by the PEE;
  • plan to increase the overall ceiling for employer contributions to the PEE from 8% to 16% of the annual social security ceiling in the event of a unilateral employer contribution intended for the acquisition of shares in the company ;
  • plan to increase the employer’s unilateral payment ceiling to the PEE to the level of the PPV exemption ceiling when it is intended for the acquisition of shares in the company, and to increase the unilateral payment ceiling from the employer to PERCO or PERE-CO under the same conditions;
  • create 3 new cases of early release of PEEs linked to the energy renovation of the main residence, the purchase of a clean vehicle and the activity of caregiver.

Interest and participation. – The draft decrees specify in particular:

  • the arrangements for informing the employee about the possibility of advances on profit-sharing or participation;
  • the terms of taking into account paternity and childcare leave for the distribution of participation, in the event of distribution proportional to salary.

Company valuation sharing plan (PPVE). – As a reminder, the “company valuation sharing plan is an optional system that can be used by any company. It makes it possible to pay employees, within a social and tax incentive framework, a “company valuation sharing bonus” when the value of the company increases over a period of 3 years.

The draft decrees set out the terms and conditions for implementing the company’s valuation sharing plan, allowing the system to be operational.

They specify:

  • the terms of submission of the PPVE agreement and control by the recovery organizations;
  • the deadline for allocation of the premium paid under the PPVE to an employee savings plan or a company retirement savings plan and the terms of information of the employee by the employer;
  • the terms of information of the employee when he leaves the company at the end of the duration of the PPVE (3 years) but before payment of the bonus.

Experimental value sharing system in companies with at least 11 employees not required to implement participation. – As a reminder, on an experimental basis from 1er January 2025 and for a period of 5 years, companies with at least 11 employees achieving a net tax profit at least equal to 1% of turnover for three consecutive financial years and which are not required to implement participation will have to put in place a value sharing system for the following financial year.

The draft decrees specify the methods for calculating the threshold of 11 employees.

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