The “question & answer” circular of 18 February 2016 provides guidance on the implementation of the changes introduced by the “Macron Act” (no. 2015-990) of 6 August 2015 for growth, business and equal economic opportunity, in the area of employee savings, and by Decrees no. 2015-1526 of 25 November 2015 and no. 2015-1606 of 7 December 2015.

The Instruction provides guidance on the forfait social  charge, reduced to 8% (compared with 20% previously) for companies with less than 50 employees which, for the first time, conclude a voluntary or mandatory profit sharing plan after 8 August 2015.

It also details the rules on how voluntary profit sharing allocations are invested by default. In the absence of an explicit choice by the employee, the circular points out that the default selection applies only if a company savings plan (CSP) exists in the company (whereas for mandatory profit sharing, the scheme is required to include a CSP).

The way the threshold number of employees is counted has been modified: the company is now subject to mandatory profit sharing for the 2015 fiscal year if, during the fiscal years 2013, 2014 and 2015, it reached the 50-employee threshold during 12 months, whether consecutive or not.

The PERCO conditions required in order to benefit from the intermediate-level 16% forfait social charge are clarified, as are the means of contributing to the PERCO (periodic complementary contribution, rest days not taken, etc.).

The payment dates of mandatory and voluntary profit sharing schemes have been aligned.

For all of these modifications, the Administration recommends concluding amendments to the various agreements concerned.