Aiuti-ter Decree: news regarding delocalisation and bonuses

A new tranche of bonuses for workers and stricter consequences for medium-large companies that cease operations, also as a result of delocalisation. These are the main labour-related points of interest introduced by Decree Law no. 144 of 23 September 2022 (the so-called Aiuti-Ter Decree).

Company closures

Amendments have been made to the rules provided for by the 2022 Budget Law, which introduced new procedural obligations for employers with an average of 250 employees who wish to proceed with the closure of a premises (plant or branch) and dismissal of at least 50 employees. From January 2022, before initiating a collective redundancy procedure (as per Law 223/1991), such companies must, in short:

  • send a notification to the trade unions, the Ministry of Labour and the other institutional bodies involved, stating the economic reasons behind the planned closure;
  • draw up a plan to reduce the related employment and economic fallout (e.g. social shock absorbers, sale of the business, redundancy incentives) to be discussed with all the stakeholders;
  • in the event of an agreement being reached, implement the actions in the plan within the timeframe and in the manner set out therein;
  • if no agreement is reached, initiate the collective dismissal procedure as per Law 223/91.

The new provision amended the timing of this procedure, extending the period for joint examination of the plan from 30 to 120 days, and the economic consequences, tightening them considerably if an agreement is not reached and dismissals take place. In addition, it introduces mandatory repayment of State aid (received over the previous 10 years) by employers who, as a result of the procedure, permanently cease all or part of their production activity, also as a result of delocalisation, reducing the workforce by more than 40%.

150 Euro bonus

New help is on the way for employees and various categories of people, from pensioners to the unemployed, who this summer already received a 200 euro bonus to help them cope with price increases caused by the war in Ukraine.

Employees will receive a further 150 euros in their November 2022 pay packets, provided that their salary for that month does not exceed 1,538 euros. This amount will be automaticallypaid through the employer and can then be offset against taxes and contributions. Employees are only eligible for one bonus, even if they have more than one job and the bonus is not attachable, seizable, or transferable and does not constitute taxable income. This allowance is also recognised in cases where the worker has been affected by events covered by imputed contributions fully borne by the National Social Security Body – INPS (e.g. maternity or redundancy pay).

In line with the two previous “Aiuti Decrees”, this 150 euro bonus is also due to seasonal, fixed-term, and on-call workers in the tourism, entertainment and sport sectors who are beneficiaries of the Covid allowance, as well as to collaborators, occasional workers and sales representatives.

Our firm is at your disposal for further clarification regarding these new measures and, in particular, for supporting with the increasingly complex management of redundancies.

Di: Avv. Alessia De Concilio e Avv. Stefania Vitiello

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