Shutdown
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Under decommissioning means the temporary or permanent decommissioning of plants , technical equipment , facilities , objects , vehicles and arable land .
General
Nowadays, this term is mainly used in industry ( closure of operations ), mining ( closure of mines ) and traffic ( closure of routes ) and communications, as well as agricultural policy ( closure of areas ) and is often triggered by the introduction of new technologies . But there are also many other economic or actual reasons for the closure, such as changes in use or changes in goals ( corporate goals , national goals , personal goals ).
Occasionally, decommissioning (from English decommissioning , "shutdown") is used as a synonym for shutdown. This applies in particular to the decommissioning of nuclear facilities .
history
Under the rule of the National Socialists , many companies , u. a. many publishers shut down by the authorities for ideological , racist or war-related reasons . Gertrud Bäumer wrote in 1930 that it was a matter of fighting "... against a power that wants to replace the citizen with the political soldier at the expense of respect for the living conscience of the individual and by forcibly suppressing all other views."
Legal issues
A shutdown generally consists of abandoning the operational purpose while simultaneously dissolving the operational organization for an indefinite, not just temporary, period. They are implemented as soon as the entrepreneur takes irreversible measures to dissolve the operational organization and thus creates a fait accompli. In any case, this is the case if he terminates the existing employment relationship for the purpose of closing the company. After the jurisprudence of the Federal Labor Court (BAG) a permanent decommissioning occurs when workers and employers together no more produce or services no longer provide. This in turn becomes clear when the employer as an entrepreneur ceases his economic activity. If this is done with the intention of ending the previous business purpose forever, the business has been closed. Which is the operation shut down, then termination of the works and other personnel representations (at the earliest at the time of closure permitted § 15 4 Abs. Consumer Protection Act ). The continued employment of a few employees with liquidation work does not prevent the assumption of a closure.
Another reason for the closure of operations can be traced back to the commercial prohibition according to § 35 Abs. 1 GewO .
Motor vehicles must according to § 3 first paragraph FZV on public roads only in operation are set when the traffic permitted are. If a vehicle proves to be not in compliance with the FZV, the Road Traffic Licensing Regulations or the Small Electric Vehicles Ordinance , the authority responsible under state law ( licensing authority ) can set the owner or keeper a reasonable deadline to remedy the defects or to operate the vehicle restrict or prohibit on public roads ( Section 5 (1) FZV). The decommissioning of a motor vehicle is therefore referred to as prohibiting the operation of vehicles . It requires the cancellation of the vehicle registration number , the withdrawal of the registration certificate or the certificate of allocation of the registration number.
Decommissioning is a legal term which , according to Section 7 (3) AtG, also applies to nuclear facilities if they permanently stop operating.
economic aspects
Businesses are usually set up for an indefinite period; According to Karsten Schmidt , the job “has to be planned forever and ever”. A shutdown is therefore always an exceptional situation. Reasons for an operational shutdown can be an operational cessation , the end of the useful life of company-relevant systems , technical progress that has not been adopted or the withdrawal of the business license.
The shutdown is the cessation of any operational activity. In addition, it comes economically when the sales no longer cover the variable unit costs ( marginal supplier ). The operating minimum (shortfall in total costs ), on the other hand, is no reason for shutdown.
The closure of areas or routes will result in the previous use being permanently suspended. Responsible communities must prevent the creation of fallow land .
Extensive closures can be the cause of communal conversions . For example, large-scale closures lead to an increase in unemployment with higher municipal spending ( unemployment benefit II ), while at the same time income is falling due to falling municipal taxes ( trade tax , property tax , consumption taxes and sales tax shares ). This opposite trend leads to budget deficits that restrict municipal investments and can lead to investment backlogs.
See also
Individual evidence
- ↑ Die Hilfe magazine , July 16, 1932, p. 676
- ↑ BAG, judgment of July 18, 2017, Az .: 1 AZR 546/15 = NZA 2017, 1618
- ↑ BAG, judgment of February 16, 2012, Az .: 8 AZR 693/10 = NZA 2012, 999
- ↑ Verkehrs- und Wirtschafts-Verlag (ed.), Verkehrsblatt , Volume 50, 1996, p. 43
- ↑ Karsten Schmidt, Commercial Law , 1999, § 9 II 2d
- ↑ Reinhold Sellien / Helmut Sellien, Gablers Wirtschafts-Lexikon , 1988, p. 769
