French Labour Code
In forceI. - For the application of 1° of I of article L. 2135-13, the fund distributes its appropriations equally between employees' trade union organisations and employers' professional organisations in accordance with the following terms and conditions:
1° An endowment is distributed between the employees' trade union organisations, on the one hand, and the employers' professional organisations, on the other hand, which are representative at national and cross-industry level.
The appropriations allocated to the employees' trade union organisations are divided equally between each of them.
The appropriations allocated to the professional employers' organisations are distributed in proportion to their audience at national and cross-industry level determined under the conditions provided for in 1° of I of article L. 2135-13.
Professional employers' organisations and trade union organisations representing employees at national and cross-industry level receive the sums due to their territorial organisations. They contribute to the financing of the latter in respect of the mission mentioned in 1° of article L. 2135-11;
2° An endowment is distributed between the employers' professional organisations and the employees' trade union organisations, representative in the branches, at national and multi-professional level as well as at national and inter-professional level.
The appropriations allocated to the employees' trade union organisations are distributed uniformly between each of them, taking into account the ratio between the amount of the contribution mentioned in 1° of I of article L. 2135-10 paid by the companies falling within the branch or branches in which they are representative and the total amount of this contribution, under the conditions laid down in article L. 2135-14.
The credits allocated to the professional employers' organisations are distributed according to their audience determined under the conditions provided for in 1° of I of article L. 2135-13 in the branch or branches in which they are representative, taking into account the ratio between the amount of the contribution mentioned in 1° of I of article L. 2135-10 paid by the companies in this or these branches and the total amount of this contribution.
The portion of the contribution mentioned in 1° of I of article L. 2135-10, paid by companies that do not belong to a branch, is allocated to employees' trade union organisations and to professional employers' organisations that are representative at national and inter-professional level, and the portion of the contribution mentioned in 1° of I of article L. 2135-10, paid by companies covered by a category or territorial collective agreement in which no organisation is recognised as being representative, is allocated to organisations that are representative of the sector of activity covered by the said agreement.
The credits allocated to the professional employers' organisations in application of the previous paragraph are distributed among the representative organisations at national and inter-professional level or at branch level in proportion to the sums concerned according to their audience determined under the conditions provided for in 1° of I of article L. 2135-13. The credits allocated to the employees' trade union organisations are distributed uniformly between each of them;
In the film production, audiovisual and entertainment sector:
a) By way of derogation from the first and third paragraphs of 2°, the appropriation due to professional employers' organisations is allocated to professional employers' organisations representing all professions in this sector. These appropriations are allocated on the basis of their determined audience in this sector, taking into account the ratio between the amount of the contribution mentioned in 1° of article L. 2135-10 paid by all the companies and establishments in this sector, including those that do not fall within the scope of a collective agreement, and the total amount of this contribution;
b) By way of derogation from the second paragraph of 2°, the credits allocated to the employees' trade union organisations are distributed uniformly between each of them, taking into account the ratio between the amount of the contribution mentioned in 1° of Article L. 2135-10 paid by all the companies and establishments in this sector, including those outside the scope of a collective agreement, and the total amount of this contribution.
3° Where applicable, the other allocations resulting from the voluntary participation of national bodies defined in 2° of I of article L. 2135-10 are divided equally between the employees' trade union organisations and the employers' professional organisations participating in their management.
The appropriations allocated to the employees' trade union organisations are distributed uniformly between each of them and, unless otherwise stipulated in the agreement concluded by the national body with the fund, the appropriations allocated to the professional employers' organisations are distributed in proportion to their audience at national and cross-industry level determined under the conditions provided for in 1° of article L. 2135-13.
II. - The board of directors of the association managing the fund determines the distribution of the appropriations between the allocations provided for in 1° and 2° of I. The allocation provided for in 2° may not be less than 36 million euros.
In the absence of a decision by the Board of Directors on the distribution of funds between the allocations provided for in 1° and 2° of I, the allocation provided for in 2° is set at 36 million euros.
