(1) Closing. The permanent shutting down of operations at any establishment for any reason other than the employer has filed for bankruptcy in accordance with Federal bankruptcy laws or as the result of an involuntary closing as defined in subsection 9-1501(4).
(2) Employer. Any person, corporation or other entity which employs or has employed at any time in the proceeding twelve (12) month period at least fifty individuals and has operated an industrial, commercial or business enterprise in the City of Philadelphia for more than six (6) months prior to the proposed date of closing or relocation, but does not include the Commonwealth of Pennsylvania, the City of Philadelphia or nonprofit corporations.
(3) Establishment. Any factory, plant, office, facility, or other working place of an employer, but does not include a construction site, or other work place intended as a temporary work place.
(4) Involuntary Closing.
(a) Any closing pursuant to a court order; or
(b) Any closing caused by fire, flood, or natural disaster, a national emergency, acts of war, civil disorder, or industrial sabotage.
(5) Relocation. The transfer of all or substantially all of an employer's operation from one establishment to another existing or proposed establishment owned or operated by the employer or parent corporation or subsidiaries thereof, located outside the City of Philadelphia unless such relocation is to an establishment within reasonable commuting distance from the first establishment.
(1) Whenever an employer within the City of Philadelphia makes a decision to close or relocate the operations of an establishment of that employer, the employer shall notify in writing the Director of Commerce of the City of Philadelphia, the employees of the affected establishment, and any employee organization which represents the employees of the affected establishment, of such intent to close or relocate not less than sixty days prior to the date of such closing or relocation.
(2) The written notice required by subsection (1) shall include the following:
(a) The nature of the establishment affected by the closing or relocation of operations.
(b) The reasons for the proposed closing or relocation.
(c) An impact statement which shall include information concerning the:
(.1) employer's payroll.
(.2) number of employees to be affected by the proposed action.
(.3) wages and other remunerations paid to those employees.
(.4) the employer's efforts, if any, to find suitable employment for affected employees.
(.5) amount of local tax revenue that will be lost as a result of the proposed action.
(d) The proposed date of closing or relocation.
(e) The employer's intentions, if any, to continue production at a new location.
(f) Any plans the employer might have to sell the establishment, including a statement as to whether the employees have been given first right of refusal to buy and operate the establishment.
(1) This ordinance [Chapter] does not apply to:
(a) An involuntary closing of an establishment;
(b) An employer who has filed for bankruptcy in accordance with Federal Bankruptcy laws; and
(c) The discharge of employees due to strikes and lockouts.
(2) This ordinance [Chapter] does not affect the right of employees to longer notice as specified in a collective bargaining agreement.
If a court of appropriate jurisdiction finds that an employer has intentionally failed to provide written notification of its intention to close or relocate its operations at least sixty days prior to such action as provided by Section 9-1502, the court may enjoin the employer from carrying out such action until the employer has given proper notice or has otherwise complied with the requirements of this ordinance. If prior to the commencement of a civil action to enforce Section 9-1502, as provided by this Section, an employer has closed or relocated its operations in violation of this ordinance [Chapter], the court shall award to each affected employee as damages an amount equal to the average daily wage of the employee times the number of days (not including non-working days) short of sixty days in which notice has not been provided by the employer.