Company closures with at least six months’ notice. Appointment of an advisor to interface with the institutions and drafting of a plan to contain employment and economic effects. Sanctions and blacklists for those who take advantage of concessions to settle in Italy and subsequently relocate, moving to other territories. These are some of the points that emerge in the drafts of the anti-relocation decree that will be examined in the council of ministers after the summer break and that ItaliaOggi is able to anticipate. The decree on which the ministry of labor and that of economic development are working is aimed at companies operating in Italy from 1 January 2020 of medium-large size and which for reasons of budgetary imbalances such as to make the state of insolvency plausible start a procedure of closure.
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Our goal is not to hit restructuring tout court. We do not want to blame those who make turnarounds, explained Deputy Minister for Economic Development Alessandra Todde, because they have to switch to different production models, we certainly do not have companies that live on subsidies in mind. Competitiveness is the goal, but purely speculative attitudes. they are no longer acceptable.
The obligation is introduced for the company to notify the Ministry of Labor and Social Policies, the Ministry of Economic Development, the National Agency for Active Policies, the region in which it is located in writing, in writing. the production site and the company trade union representatives are located. At least six months before closure, what is called the right to alert workers to know in time the company closure decisions is activated. The communication must therefore specify. The economic, financial, technical or organizational reasons for the closure project, the number and professional profiles of the staff employed and the deadline for closure.
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Employment relapse mitigation plan. Furthermore, within 90 days of the communication, the company must present a plan to limit the employment and economic repercussions deriving from the closure of the production site. In the plan it will be necessary to specify: the actions planned for the safeguarding of employment levels and the interventions for the non-traumatic management of possible redundancies. The ways indicated in the decree are those of relocation to another company, active labor policy measures, such as orientation services, assistance for relocation, training and professional retraining, aimed at re-employment or self-employment. The prospects for the sale of the company or of the company compendiums with the purpose of continuing the activity, also through the sale of the company, or its branches, to the workers or cooperatives established by them must be specified.
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The path of eventual reconversion projects of the production site must also be followed, also for socio-cultural purposes in favor of the territory concerned and finally the times, phases and methods of implementation of the envisaged actions. Within one month of the communication of the decision to close the company, the company must proceed with the appointment of an advisor as an expert, independent professional with skills both for active and reindustrialization policies and for outplacement.
The business crisis facility reviewing the plan has 30 days to respond to the document. In the event that the company does not send the plan, a penalty is triggered which is foreseen in 10 times the contribution of article 2 paragraph 31 l. 92/12 (50 percent of the initial monthly ASpI treatment for every twelve months of company seniority in the last three years). Sanctions. For the company that closes in any case in the absence of the conditions provided for by the decree, there is the inclusion in a black list. Same fate for subjects who are part of the same industrial group or are linked by a management and coordination relationship. For three years, he will not be able to receive national public funding or incentives or social safety nets.
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Public contributions. A penalty equal to 2% of the turnover of the last financial year is envisaged in the event that anyone who has received public grants over the previous five years violates the right to alert or the reindustrialisation procedure. The amount will go to a fund dedicated to reindustrialisation.
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