{"id":2795,"date":"2018-03-08T08:21:17","date_gmt":"2018-03-08T07:21:17","guid":{"rendered":"https:\/\/www.cislferrara.it\/?p=2795"},"modified":"2018-03-08T08:21:17","modified_gmt":"2018-03-08T07:21:17","slug":"self-italia-srl-concordato-preventivo","status":"publish","type":"post","link":"https:\/\/www.cislferrara.it\/en\/self-italia-srl-concordato-preventivo\/","title":{"rendered":"Self Italia Srl in preventive composition"},"content":{"rendered":"\n\n\n
\n
Attached below is the minutes of the union agreement pursuant to Article 47 of Law 428\/90 signed by Selfitalia Srl, Bricomax Italia Srl, Fisascat-Cisl, and Uiltucs. Filcams-Cgil reserved the right to sign following an internal review of its organization.<\/span><\/div>\n
<\/div>\n
Selfitalia Srl, which employs 611 people (609 office workers and 2 managers), distributed as follows:<\/span><\/div>\n
\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n
site<\/span><\/div>\n<\/td>\n
\n
No. of units<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Rivalta di Torino (TO)<\/span><\/div>\n<\/td>\n
\n
80<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Alba (CN)<\/span><\/div>\n<\/td>\n
\n
15<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Albenga (SV)<\/span><\/div>\n<\/td>\n
\n
22<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Alessandria<\/span><\/div>\n<\/td>\n
\n
40<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Asti Point of Sale<\/span><\/div>\n<\/td>\n
\n
18<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Banchette (TO)<\/span><\/div>\n<\/td>\n
\n
17<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Borgo San Dalmazzo (CN)<\/span><\/div>\n<\/td>\n
\n
19<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Carmagnola (TO)<\/span><\/div>\n<\/td>\n
\n
11<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
POS Casale Monferrato (AL)<\/span><\/div>\n<\/td>\n
\n
16<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Chieri (TO)<\/span><\/div>\n<\/td>\n
\n
12<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Ferrara<\/span><\/div>\n<\/td>\n
\n
17<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Fiume Veneto (PN)<\/span><\/div>\n<\/td>\n
\n
28<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Imperia<\/span><\/div>\n<\/td>\n
\n
19<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Moncalieri (TO)<\/span><\/div>\n<\/td>\n
\n
21<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Olbia (SS)<\/span><\/div>\n<\/td>\n
\n
12<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Osasco (TO)<\/span><\/div>\n<\/td>\n
\n
17<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Perugia<\/span><\/div>\n<\/td>\n
\n
11<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Piediripa (MC)<\/span><\/div>\n<\/td>\n
\n
17<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Quart (AO)<\/span><\/div>\n<\/td>\n
\n
22<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Ravenna Point of Sale<\/span><\/div>\n<\/td>\n
\n
15<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Rome<\/span><\/div>\n<\/td>\n
\n
14<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Rovigo<\/span><\/div>\n<\/td>\n
\n
18<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Savigliano (CN)<\/span><\/div>\n<\/td>\n
\n
14<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Serravalle Scrivia (AL)<\/span><\/div>\n<\/td>\n
\n
20<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Settimo Torinese (TO)<\/span><\/div>\n<\/td>\n
\n
1<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Taggia (IM)<\/span><\/div>\n<\/td>\n
\n
20<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Turin point of sale<\/span><\/div>\n<\/td>\n
\n
25<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Udine<\/span><\/div>\n<\/td>\n
\n
17<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Vercelli<\/span><\/div>\n<\/td>\n
\n
22<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Vigevano (PV)<\/span><\/div>\n<\/td>\n
\n
12<\/span><\/div>\n<\/td>\n<\/tr>\n
\n
Pdv Vigliano Biellese (BI)<\/span><\/div>\n<\/td>\n
\n
19<\/div>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

has requested \u2013 with an appeal filed on 3 November 2017 \u2013 the Court of Turin to grant the deadline pursuant to Article 161, 6th paragraph, LF. This article, entitled \u201cApplication for composition with creditors\u201d, in the sixth paragraph provides that the entrepreneur can file the appeal containing the application for composition with creditors together with the balance sheets relating to the last three financial years and the list of creditors with the indication of their respective credits, reserving the right to present the proposal, the plan and the other required documentation within a deadline set by the judge, between sixty and one hundred and twenty days and extendable, in the presence of justified reasons, by no more than sixty days, which, in fact, the court has granted until 2 March 2018, appointing the Judicial Commissioner and on<\/span>subsequently postponed this deadline to April 30, 2018.<\/span><\/div>\n

On February 20, Selfitalia Srl received an irrevocable offer to lease the business unit (virtually the entire company, including its headquarters) from Bricomax Italia Srl. Selfitalia Srl subsequently accepted the offer, albeit conditional on obtaining the necessary authorizations from the relevant regulatory authorities.<\/span><\/div>\n
The takeover of the business unit under a lease agreement is necessitated by the critical management situation of Selfitalia Srl, which, with the cash generated, could only guarantee the payment of wages to its employees until the end of this March. However, it would clearly be unable to supply its stores to ensure operational continuity and prevent a transition from insolvency to bankruptcy.<\/span><\/div>\n
In order to intervene quickly and prevent the loss of company assets and employment, the Turin Court, in a ruling dated February 24, 2018, ordered a competitive tender process based on a call for tenders\u2014also prepared by the Court\u2014to definitively identify the party to whom the lease and subsequent sale will be made (subsequently refers to the period following approval of the composition with creditors; however, the sale may also take place prior to approval if requested by the successful bidder). This process will be held on March 21, 2018.<\/span><\/div>\n
The conditions for the transfer of the branch provide that:<\/span><\/div>\n
    \n
  • the workers employed by Selfitalia Srl will be transferred to the successful tenderer upon the effective date of the rental contract, i.e. 31 March 2018;<\/span><\/li>\n
  • the duration of the rental contract must terminate upon purchase by the successful tenderer (the purchase must take place no later than 30 days from the date of filing of Selfitalia's approval decree for the preventive settlement agreement);<\/span><\/li>\n
  • the effectiveness of the rental agreement with the commitment to purchase is subject to the condition precedent of reaching a trade union agreement by 31 March 2018 pursuant to art. 47, Law 428\/90, which provides for: 1) the transfer of all workers to the successful tenderer\/tenant under the same contractual, economic and regulatory conditions in force on the date of the transfer of employment relationships, 2) the assumption by the successful tenderer\/tenant and release for Selfitalia Srl - conditionally upon the purchase of the business unit - of the debts for severance pay, for arrears and accrued salary, including deferred ones, including additional charges and costs, accrued up to the date of transfer of employment relationships<\/span><\/li>\n<\/ul>\n
    of subordinate employment, 3) the automatic transfer to Selfitalia of the employees transferred to the successful tenderer\/tenant both in the event of a sale to a different party and in the event of failure to approve the contract;<\/span><\/div>\n
      \n
    • a release and waiver of the above-mentioned credits in favor of Selfitalia Srl be signed by all employees, pursuant to Article 411 of the Italian Code of Civil Procedure, even before a successful tenderer is identified;<\/span><\/li>\n
    • agreements (including individual ones) must be understood to be automatically transferred at the time of the transfer of the branch to the successful tenderer (post-homologation) without being "reformulated at the time of purchase of the branch";<\/span><\/li>\n
    • that, from the effective date of the rental agreement, the tenant shall be solely responsible for all obligations arising from the employment relationships directly contracted by the tenant, and shall undertake to fulfill them precisely and punctually, expressly releasing Selfitaloa Srl, except for the effects of automatic relegation in the event of failure to approve them.
      \n<\/span><\/li>\n<\/ul>\n
      The parties' discussions focused primarily on the issue of the employment debts from which each individual employee would "free" Selfitalia Srl. As Fisascat-Cisl, we requested and obtained that the union declaration form pursuant to Articles 2112 of the Italian Civil Code, 2113 of the Italian Civil Code, and 411 of the Italian Code of Civil Procedure, include, in addition to the transfer of employment contracts in the event of a negative outcome of the composition procedure, a detailed disclosure of the aforementioned employment debts for the successful tenderer\u2014with a liberating effect for Selfitalia Srl. In our humble opinion, the previous versions submitted by the opposing party only reported, too generically, the condition of the transfer of employment contracts to Selfitalia Srl.<\/span><\/div>\n
      We believe that the upcoming transaction represents a guarantee of business and employment continuity, which is certainly uncommon in similar corporate situations.<\/span><\/div>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>","protected":false},"excerpt":{"rendered":"

      Attached below is the minutes of the union agreement pursuant to Article 47 of Law 428\/90 signed by Selfitalia Srl, Bricomax Italia Srl, Fisascat-Cisl, and Uiltucs, while Filcams-Cgil has\u2026<\/p>","protected":false},"author":3,"featured_media":2796,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19,8],"tags":[],"class_list":{"0":"post-2795","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-cisl-ferrara","8":"category-fisascat"},"_links":{"self":[{"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/posts\/2795","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/comments?post=2795"}],"version-history":[{"count":0,"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/posts\/2795\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/media\/2796"}],"wp:attachment":[{"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/media?parent=2795"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/categories?post=2795"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cislferrara.it\/en\/wp-json\/wp\/v2\/tags?post=2795"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}