Last week, in our discussion on “What to Consider When Starting a Business,” we touched on the importance of starting with a business plan, choosing the right type of business, the significance of the lease agreement and location, as well as the necessary licenses, permits, and operating documents.
This week, we’ll take a look at some other important topics to keep in mind:
1. Tax Registration and Social Security Procedures
There are certain official notifications that must be filed during the business setup phase.
The main ones are:
- Application to the tax office,
- SGK Workplace Declaration,
- These are employment registration forms for employees.
If these obligations are not met on time, the business may incur penalties and retroactive premium liabilities.
In addition, failure to maintain proper accounting records will result in tax penalties.
2. Employee Rights and Labor Law
Any business that employs workers is subject to the Labor Law No. 4857 and Social Security Institution regulations.
Once again, the main points to keep in mind are as follows:
- It is required by law that employment contracts with a term of one year or longer be in writing.
“In cases where no written contract has been entered into, the employer is required to provide the employee, within two months at the latest, with a document that must include specific terms and conditions regarding the terms of employment.”
Requirement for Employee Personnel Files
Article 75 of the Labor Law No. 4857 defines the information contained in an employee’s personnel file as follows:
“The employer shall maintain a personnel file for each employee. In this file, the employer must keep, in addition to the employee’s identification information, all documents and records that the employer is required to maintain under this Act and other laws, and must present them to authorized officials and authorities upon request. The employer is obligated to use the information obtained about the employee in accordance with the principles of good faith and the law, and not to disclose information that the employee has a legitimate interest in keeping confidential.”
As stipulated by law, employers are required to maintain personnel files containing information about their employees.
Under Article 104 of the Labor Code;
“An administrative fine shall be imposed on any employer or employer’s representative who fails to maintain employee personnel files in accordance with Article 75 or fails to comply with the provisions of the regulations specified in Article 76.”
Other Obligations of the Employer
- Rights such as wages, overtime, and annual leave must be regulated in accordance with the law and clearly specified.
- Occupational health and safety measures must be implemented in accordance with legal regulations, and mandatory training must be provided.
- Disciplinary rules must be established to ensure order within the company and maintain industrial peace.
While not limited to the items listed here, a violation of these obligations may result in administrative fines, civil, and criminal proceedings.
3. Trademark and Trade Name Protection
Once the business name, logo, and areas of commercial activity have been determined, filing a registration application with the Turkish Patent and Trademark Office protects trademark rights against third parties.
This prevents other companies that are identical or substantially similar from operating in the same field.
4. Legality of Contracts
Contracts entered into with business partners, customers, and suppliers;
- Under the Turkish Code of Obligations,
- Under the Turkish Commercial Code,
- Consumer Protection Legislation
It must be appropriate.
“Contracts drafted using generic templates downloaded from the internet carry many risks.”
Every business should draft contracts tailored to its specific field of operation.
Result
Starting a business requires not only dreaming big but also building a solid legal foundation.
The spirit of entrepreneurship is strong in Kahramanmaraş; however, for this spirit to translate into long-term success, the right legal steps must be taken.
Becoming an entrepreneur is also a significant step in many people’s careers and a major change in their lives.
It is also an exciting career path that offers a variety of opportunities and benefits.
At this point, it is important to highlight the significant achievements of women entrepreneurs in particular.
For example, Demet Mutlu is a prominent female entrepreneur in our country.
He founded TRENDYOL, a platform we all know and have probably shopped on.
Looking back at his story, he launched the venture in 2010 with $300,000 in capital from his living room.
The value of the website he founded reached $150 million in the first 16 months, and he secured a $350 million investment from global giant Alibaba.
“So let’s listen to our entrepreneurial spirit and not put it off.”
By taking ethical and legal steps, we can stay on the right path and achieve significant success.
Of course, every new job also brings new responsibilities.
As Seth Godin once said:
“There are plenty of brilliant ideas; what’s missing is the desire to bring them to life.” – WE CAN DO IT.
“Luck favors the prepared mind.” – Louis Pasteur
Best regards,
Attorney İdil Zeynep Yağlıca
