In the Law on the Regulation of Retail Trade, the relevant definitions about the retail store are counted. The rules to be followed for the retail store are regulated in this law. Close to the definition of retail store in this law, in Turkish law “d) Big store: It refers to a business with a sales area of at least four hundred square meters, where partial or complete retail sales of consumer goods are made, regardless of the name. “As a retail business; Shopping mall, department store, chain store, dealer business, privately authorized business, other commercial businesses dealing with retail trade, and tradesmen and craftsmen businesses,” “As the definition of sales area; It includes the total area of workplaces in shopping malls, excluding workplaces used exclusively for office purposes and accommodation, storage, production facilities/areas and common use areas.
Top professional organization in Turkish Law; It concerns the Union of Chambers and Commodity Exchanges of Turkey and the Confederation of Turkish Tradesmen and Craftsmen. Retail information system (PERBIS): It refers to the electronic information system that ensures that the necessary applications and other transactions in the opening, activity and closing of retail businesses are made to a single center and concluded from this center. There are municipalities or special provincial administrations that are authorized to open a business and issue working licenses.
Chain store: Operating under a center under the ownership of the same real or legal person, where a similar variety of consumer goods are sold partially or completely, regardless of the name; It refers to an enterprise with at least five branches, at least one of which is a department store, or an enterprise with at least ten branches, each of which has a sales area of less than four hundred square meters.
Business opening and working license are provided through PERBIS. It is appropriate to apply for a business opening and working license to the authorized administration directly or via PERBIS. Direct applications are processed by the authorized administration to PERBIS. Applications found appropriate as a result of the preliminary evaluation made by the competent authority; Within three working days at the latest from the date of application, it is communicated via PERBIS to the authorized institutions and organizations that are responsible for making the necessary registration and similar transactions for the opening and transition of the retail business. Along with this transmission, the necessary application shall be deemed to have been made to the relevant institutions and organizations. Retail businesses that meet the conditions stipulated in the legislation are issued a business and working license via PERBIS by the authorized administration. Transactions regarding license changes are also carried out through PERBIS.
In working hours, in the law; The working hours of some or all of the retail businesses may be determined by the governor, upon the joint proposal of the professional organizations, by obtaining the opinion of the competent administration, taking into account the conditions and similar issues specific to the profession, season and tourism. It is appropriate to obtain the opinion of the relevant chamber of tradesmen and craftsmen by the professional organization in determining the working hours of tradesmen and craftsmen enterprises.
There are necessary definitions about the retail store in the “Law on the Regulation of Retail Trade”. The rules that must be followed for the retail store and which you are curious about are regulated in this law. In this law, the term “big store” is used in Turkish law, which is close to the definition of a retail store. Big store: A business with a sales area of at least four hundred square meters, where consumer goods are partially or completely retailed under any name. “As a retail business; When defining shopping malls, department stores, chain stores, dealers, privately authorized businesses, other commercial businesses dealing with retail trade, and tradesmen and craftsmen businesses; As the definition of sales area, it refers to the total area of workplaces in shopping centers, excluding workplaces used exclusively for office purposes and accommodation, storage, production facilities/areas and common use areas.
In Turkish Law, your business and transactions are related and the relevant higher professional organization; It includes the Union of Chambers and Commodity Exchanges of Turkey and the Confederation of Turkish Tradesmen and Craftsmen. From the system called Retail Information System (PERBIS), “It refers to the electronic information system that enables the necessary applications and other transactions in the opening, activity and closing of retail businesses to be made to a single center and finalized from this center.
Business opening and working license are obtained by applying through PERBIS. Business opening and working license applications are made to the authorized administration directly or through PERBIS. Direct applications are processed by the authorized administration to PERBIS. Applications found appropriate as a result of the preliminary evaluation made by the competent authority; Within three working days at the latest from the date of application, it must be communicated via PERBIS to the authorized institutions and organizations responsible for making the necessary registration and similar transactions for the opening and operation of the retail business. With this transmission, the necessary application will be deemed to have been made to the relevant institutions and organizations. Retail businesses that meet the conditions stipulated in the legislation are issued a business and working license via PERBIS by the authorized administration. Transactions regarding license changes are also provided through PERBIS.
Legal Working Hours for Businesses
Working hours are regulated in the law. The working hours of some or all of the retail businesses may be determined by the governor, upon the joint proposal of the professional organizations, by obtaining the opinion of the competent administration, taking into account the conditions and similar issues specific to the profession, season and tourism. In determining the working hours of tradesmen and craftsmen enterprises, the opinion of the relevant chamber of tradesmen and craftsmen should be obtained by the professional organization.
Required Work Permits, Fire License and Permissions of Other Official Authorities
A fire department report is required in order for businesses located inside buildings or buildings to obtain a settlement and operation license. It is also known as fire report or fire license. However, in the regulation, its name is mentioned as a fire department conformity certificate. In order for businesses to receive firefighting reports, the structure where the business is located must comply with the Regulation on the Protection of Buildings from Fire.
Opening a business It is not possible to open and operate a business without obtaining a business and working license duly from the authorized administrations. Permissions granted to workplaces by other public institutions and organizations and related professional organizations in accordance with their special legislation, other than the authorized administrations specified in this Regulation, as well as registration and similar transactions shall not remove the obligation to obtain a license in accordance with the provisions of this Regulation. The workplaces opened without obtaining a business license and a working license will be closed by the authorized administrations. Workplace licenses are signed by the highest authority of the authorized administrations or by the authorized person to be appointed, within the period stipulated in this Regulation; There is no need for a decision to be taken by the assembly or the committee for the license.
Competent administration: Special provincial administration outside the municipal boundaries and adjacent areas and in matters authorized by the laws exclusively to the special provincial administration, the metropolitan municipality within the boundaries of the metropolitan municipality in matters where the metropolitan municipality is authorized, the metropolitan district municipality in matters other than these, the municipality within the boundaries of the municipality and adjacent areas, means the legal entity of the organized industrial zone within the borders of the industrial zone, the Ministry of Industry and Technology within the borders of the industrial zone, and the technology development zone manager company and the provincial directorates of the Ministry of Industry and Technology for the companies engaged in R&D and design activities in the zone.
Documents required for site selection and facility establishment permit and license Article 22- The following documents are required for first class non-sanitary establishments: a) Necessary documents for site selection and facility establishment; 1) Application form, 2) A plan sample showing the place where the business will be established, excluding those in industrial zones, organized industrial zones and industrial zones, and the latest status of the mine production activities in mining facilities within the scope of first class non-sanitary establishments and the settlement of temporary facilities where production is made based on these activities. (1) 3) The site selection and facility establishment report to be prepared by the relevant inspection board, 4) The project and explanation reports prepared according to the quality and quantity of the pollutants regarding the measures to be taken to prevent environmental pollution (…)(2) 5) City where there is no mains water, the source of drinking and utility water and the bacteriological and chemical analysis report of the water. 6) (Annex: 23/5/2011 – 2011/1900 K.) In addition to these, mining exploration license or operating license and the decision taken within the scope of Environmental Impact Assessment Regulation. b) Documents required for the license; 1) Application form, 2) An example of a site plan where the health protection band is marked, a suitable scale map showing the latest status of the mine production activities and the settlement of the temporary facilities where the health protection band is marked in the mining facilities within the scope of first class non-sanitary establishments, (3) 3) Firefighter’s report stating that the necessary precautions were taken for fire and explosions, 4) (Amendment: 12/3/2012-2012/2958 K.) Statement of the name, surname of the responsible manager, the Republic of Turkey identification number and the date of the contract of the responsible manager, 5) (Amended: 23/5/2011 – 2011/1900 K.) Environmental permit or environmental permit and license document. 6) (Abolished: 23/5/2011 – 2011/1900 K.) 7) (Amendment: 19/3/2007 – 2007/11882 K.) Opening permit report. Among the documents required in subparagraphs (a) and (b), those prepared within the scope of the EIA and given to the relevant administration are not requested again during the licensing process. (Additional clause: 23/5/2011 – 2011/1900 K.) No title deed or lease agreement is requested from applicants who have obtained a license or certificate in accordance with the mining legislation. For mining production activities or temporary facilities connected to these activities, it is appropriate to submit an environmental permit or environmental permit and license certificate to the special provincial administration within one year after the business starts operating following the issuance of a business and working license.
Permits/Licenses Required for Construction in a Retail Store
Some changes to be made inside the real estate require a modification license. A renovation permit is a permit obtained from the municipality to change the exterior or basic elements of a building. Situations that include all the changes seen from the outside of a building require a modification license. In order to obtain a modification license, it is necessary to submit the necessary documents to the relevant municipality. The documents required for the renovation license vary according to the regional municipality and the type of building.
Rules Regarding Produced Garbage Waste and Recycling Materials
According to the Environmental Permit and License Regulation, which is the Turkish legal legislation containing regulations on this subject, facilities are classified as with a raw material capacity of 150,000 m2/year and above and which produce furniture and/or wood products using wood and/or wood products as raw materials are considered as businesses that have polluting effects on the environment.
Business licenses that obtain a temporary operating certificate are obliged to obtain environmental permit or environmental permit and license within 1 year. Environmental Permit or Environmental Permit and License is done by the environmental management unit, the environmental officer employed or the environmental consultancy firms authorized by the Ministry.
General Rules on KVKK (Personal Data Protection Law)
Since recording with a camera is considered as the processing of personal data, it is subject to protection and restriction under the Personal Data Protection Law. Personal data processing activities carried out at the entrances of the building facility and within the facility are carried out in accordance with the Constitution of the Republic of Turkey, the Law on the Protection of Personal Data (“KVK Law”) and other relevant legislation. Personal data cannot be processed without the explicit consent of the person concerned.
In the presence of one of the following conditions, it is possible to process personal data without seeking the explicit consent of the data subject:
- It is clearly stipulated in the laws.
- It is compulsory for the protection of the life or physical integrity of the person or another person, who is unable to express his consent due to actual impossibility or whose consent is not legally recognized.
- It is necessary to process the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract.
- ç) It is mandatory for the data controller to fulfill its legal obligation.
- The person concerned has been made public by himself.
- Data processing is mandatory for the establishment, exercise or protection of a right.
- Data processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.
Despite the fact that it has been processed in accordance with the provisions of this Law and other relevant laws, in the event that the reasons for its processing disappear, personal data is deleted, destroyed or anonymized by the data controller ex officio or upon the request of the data subject.
Monitoring activities with security cameras can be carried out in accordance with the purposes stipulated in this law and the personal data processing conditions listed.
Insurances Required to Have in the Workplace
According to the Insurance Law No. 5584, it is not obligatory to have workplace insurance. However, “Employer’s Financial Liability Insurance” is considered mandatory. (Damages caused by work accident or occupational disease are covered by social insurance. Therefore, the losses will be compensated within the framework of SGK and General Health Insurance Law.) In addition, employers must be insured. For those deemed to be insured within the scope of subparagraph (a) of the first paragraph of Article 4 of the Social Insurance and General Health Insurance Law No. 5510, the insured employment statement must be submitted at least 1 day over e-insurance before starting work. Substances and Hazardous Waste Compulsory Liability Insurance” is mandatory. (Hazardous waste includes companies that produce, store, transport or sell flammable, combustible and combustible materials.)
Other Laws/Rules That May Affect Store Opening and Operations
- Obligation to Assign an Occupational Safety Specialist in the Workplace
- a) It is appropriate for the employer to appoint an expert with a workplace safety certificate.
b) Occupational safety experts; Those with (C) class certificate will be able to work in the less dangerous class, those with (B) class certificate will be able to work in less dangerous and dangerous classes, and those with (A) class certificate will be able to work in workplaces in all hazard classes.
c) In workplaces where more than one occupational safety specialist must be assigned, it will be sufficient for the occupational safety specialist appointed only for a full-time period to have a certificate suitable for the hazard class of the workplace.
1.1. Occupational Safety Specialist Working Hours
When determining the working hours of the occupational health and safety specialists to be included in the workplaces, the workplaces should consider the number of employees employed by the relevant workplace and the working hours of these people. For occupational safety specialist :
– Must work for at least 40 minutes per month per employee in a workplace in a very dangerous class.
- Obligation to Assign an Occupational Workplace Pyhsician
As of 2020, the Obligation to Employ a Workplace Pyhsician with a Workplace Pyhsician Certificate has been introduced in the workplaces specified in accordance with the relevant articles of the Occupational Health and Safety Law.
The obligation to have a workplace doctor in less hazardous workplaces has been postponed until 2023. In addition to this, there is an obligation to have an Occupational Physician for workplaces that are considered as dangerous and very dangerous. Otherwise, administrative fines are applied.
2.1. Occupational Physician Working Periods
Occupational safety specialists work for the following periods to fulfill their duties:
- At least 10 minutes per employee per month in less hazardous areas.
- At least 20 minutes per employee per month in hazardous class areas.
- At least 40 minutes per employee per month in very hazardous areas.
Work Permit of Foreign Employees to Work at the Workplace
After the establishment procedures (such as the workplace trade registry) are completed from the relevant authorities, a work permit application must be made to the Ministry of Labor and Social Security for workers who are not citizens of the Republic of Turkey. After these procedures, their work will become legally appropriate.
Work Permit of Foreign Employees to Work in the Workplace The company to be established in Turkey must be established in accordance with the Turkish Commercial Code No. 6102. In case the necessary documents are completed, the company establishment process is registered and announced in the Turkish Trade Registry Gazette within 1 week, and the establishment phase is completed. If the personnel to be employed within the body of the established company are foreigners, it is obligatory to obtain a work permit for them to work in Turkey.
Employment of Foreigners Without a Work Permit
A foreigner must have a work permit or be exempted from it in order to be able to have a work contract in areas that are not prohibited to him. It is forbidden for foreigners to work and be employed in Turkey without a work permit. In order to apply for a work permit, you must have a residence permit of at least 6 months in Turkey. Another condition for applying for a work permit is that at least 5 Turkish citizens must meet the working condition in workplaces where foreign workers will be employed. If these conditions are met, an application for a work permit is made. If the work permit is approved, the employer must enter the insured person within 30 days following the start date of the work permit, and within 30 days following the foreigner’s entry into the country for applications made from abroad.
Insurance of Foreign Workers
The provisions of the Labor Law No. 4857 and the Occupational Health and Safety Law No. 5510 apply to foreigners who have a work permit in Turkey, and are subject to the laws and provisions applicable to Turkish workers.
The exemptions from work permit are as follows:
- The mother, father or child is a Turkish citizen,
- Foreigners who have lived in marriage union with a Turkish citizen for at least three years,
- Foreigners who are citizens of the Turkish Republic of Northern Cyprus,
- Foreigners who have been granted a residence permit within the framework of Turkish and related communities practices,
- Foreigners who have been granted a residence permit within the framework of humanitarian considerations,
- Foreigners who have been granted a residence permit as victims of human trafficking, Foreigners who have been granted a residence permit in stateless status.
Rules to be Followed by Labor Law
It is obligatory for the foreigner to work in Turkey to obtain a work permit before starting to work. The work permit is issued by the Ministry.
Foreigners, which are stated in the law or in bilateral or multilateral agreements or international agreements to which Turkey is a party, can work without a work permit. Within this scope, the start of working in Turkey is notified to the Ministry at the latest one day before the foreigner starts to work, and the end of their work is notified to the Ministry at the latest within fifteen days from this date.
The work permit given to a foreigner working for an employer must be valid for a maximum of one year from the first application, provided that he/she works in a specific workplace belonging to a real or legal person or public institution or organization or in their workplaces in the same business line, not exceeding the duration of the employment or service contract.
Notifications of foreign national workers to SSI are made with an insured employment statement and monthly premium and service certificate, as is the case with Turkish workers.
Administrative fines are imposed on foreigners and their employers who are found to be working without a work permit. The employer or employer’s representative who employs the foreigner who does not have a work permit has to cover the accommodation expenses of the foreigner and his spouse and children, if any, the expenses necessary for their return to their country and, if necessary, the health expenses.
Administrative fines are applied by increasing one fold in case of repetition of unauthorized work. An administrative fine is imposed on the foreigner who works independently without a work permit, and the workplace or workplaces, if any, are closed. Entry to Turkey, passport, visa and residence permit issues of foreigners who are determined to work without permission are examined, and the deportation procedures of those whose situations are illegal are carried out by the Police authorities.