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17 August 2021 A new obligatory path for companies that decide to close or relocate and - in the event of non-compliance - fines (2% of the turnover of the last financial year) and inclusion in a 'black list' (which prohibits the access to public funding or incentives). This is foreseen by the draft of the draft decree which Minister Orlando and Deputy Minister of Economic Development Alessandra Todde are working on.



The draft, consisting of 5 articles, establishes prior information obligations and commits the company to submit a plan to mitigate the employment and economic consequences associated with the closure. The draft law decree containing urgent measures regarding the protection of the establishment of production activities and the safeguarding of the occupational perimeter, as stated in the Explanatory Report, has as its scope the business situations involving a number of employees greater than or equal to " fifty / one hundred and fifty, whose employment impact on the territory is considered to be significant and requires an adequate time frame to allow the compatibility check of all possible support interventions ". 



To guarantee the "right of alert", that is the right of workers to know in time the company closure decisions, and the right of the competent institutions to intervene to support and mitigate the consequences, the provision introduces an obligatory path for companies that decide to close the site: in particular, the company is required to communicate the project to close the production site to the institutions with at least 6 months notice, indicating the reasons, the people involved and the expected times.



Communication that must be made before the eventual start of the collective dismissal procedure. Within one month of the communication, the company must proceed with the appointment of an 'advisor' who will be the interface with the institutional interlocutors. Within 3 months of the formal notification of the voluntary closure, then, the advisor will proceed with the drafting of the Plan to mitigate the employment and economic repercussions, which includes actions to safeguard employment levels and a reindustrialization path to identify a potential for at least 3 months. buyer.   



To "discourage speculative behaviors on the part of entrepreneurs who create productive settlements in Italy to take advantage of public subsidies and subsidies, and once these have ended, even if they are not in an economic crisis, they relocate by moving to other territories, firing and damaging the related industries", are foreseen sanctioning instruments. In particular, for those who have received national public grants in the previous 3/5 years, in the event that they intend to proceed with the voluntary closure by violating the right to alert their employees and / or the terms and methods provided for by the reindustrialisation procedure, a fine equal to 2% of the turnover of the last financial year. Amount that will go to a fund dedicated to reindustrialisation,to support transformational business initiatives and development and training policies for the redeployment of personnel.



Furthermore, the company that closes in the absence of the conditions provided for by the decree is included in a 'black list' in which, together with subjects who are part of the same industrial group or linked by a management and coordination and / or control relationship, for 3 years, he will not be able to access national public funding or incentive tools or draw on social safety nets.