What are the Legal Rights and Liabilities of Entrepreneurs?

The rights, duties and liabilities of organizations to be established in Turkey are determined by the laws of Republic of Turkey.

The laws that determine legal framework of organizations are as follows: Capital Market Law, Turkish Commercial Code, Banking Law, Turkish Code of Obligations, Trademark Law, Tax Procedure Law, and so on.

Furthermore, entrepreneurs are obliged to enter into the bureaucratic process with various public agencies and institutes at the business establishment stage. Ministry of Industry and Commerce, Central Bank, Trade Registry Gazette, Trade Association, Chamber of Industry and Commerce, Notary, Municipality are some of these public agencies and institutions.

The legal frameworks that must be considered by entrepreneurs are as follows in thematic order:

> Government’s decisions on national economy, such as overseas expansion policies or regulatory policies on free competition.

> Government’s determination of minimum wage rates; application of additional sanctions to organizations in order to preserve environmental health; control of the advertisement contents; the general determination and guidance of investment areas by the state; formation of the market by state-led investments or incentive practices in certain fields.

> Another important legal element is the regulatory laws related to labors’ rights. Social Security and General Health Insurance Law designates rights and liabilities of workers as well as unemployment insurance. On the other hand, Labor Law designates unionization, right to strike, lockout and right to collective bargaining.

Refugee entrepreneurs are allowed to start businesses within the frame of aforementioned laws. However, they might face various difficulties by virtue of their legal status. In the next article, these difficulties will be explained in detail. For the moment, the important information that must be noted is that there are not accurate policies and regulations for refugee entrepreneurs yet.

Within Entrepreneurship Strategy and Action Plan of Turkey 2015-2018, various changes are anticipated so as to facilitate refugee entrepreneurs’ entrepreneurship attempts; some of these anticipated changes are to cut through bureaucratic barriers towards refugee entrepreneurs showing growth potential and to support refugee entrepreneurship through national and international funds.

The first conference of ActHuman Social Inclusion Initiative was held in cooperation with Human Development Foundation and Istanbul Policy Center and with the contributions of United Nations High Commissioner for Refugees and Syrian Economic Forum. During the conference, various topics including incentives for refugee entrepreneurs, taxes and exemptions, business conditions, employment, business network, legal frame and financial inclusion were evaluated within the context of this exception.

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