Business closure decisions are sanctions given by administrations against business owners, which envisage the temporary or permanent suspension of the business’s activities. These decisions are made in cases where businesses are in breach of legislation and can affect important legal rights of business owners.
Reasons for the Decision to Close the Business:
• Violations of the legislation regarding opening a business and working licenses
• Failure to comply with occupational safety and occupational health rules
• Failure to fulfill tax and insurance obligations
• Creating environmental pollution
• Creating noise pollution
• Engaging in activities that disrupt public order
• Exhibiting behavior contrary to tradesman ethics
Objection to the Business Closure Decision:
Business owners who decide to close their workplaces may request the annulment of this decision by filing a lawsuit for the annulment of the administrative action. The lawsuit must be filed within 60 days from the notification date of the workplace closure decision. The case is filed in the relevant administrative court.
Litigation Process:
After the lawsuit is filed, the administrative court will review the case file and, if necessary, have an expert review. The court will make its decision after considering all the evidence. The court may annul, partially annul, or reject the decision to close the business.
Cancellation of the Decision:
If the court cancels the decision to close the business, the business can continue its operations. However, the court may grant the business owner a period of time to correct the deficiencies specified in the decision.
Partial Cancellation of the Decision:
If the court partially cancels the decision to close the business, a certain part of the business activity may be stopped. For example, the court may order that a certain part of the business be closed or operate during certain hours.
Rejection of the Decision:
If the court rejects the decision to close the business, the business can continue its operations.
Legal Legislation Regarding Workplace Closure Decisions:
• Business Opening and Working Licenses Law No. 5399
• Labor Law No. 6331
• Occupational Safety and Health Law
• Environmental Protection Law
• Municipal Law
