May a contracting authority include a term in the tender documents requiring the contractor to pay workers' entitlements even where no progress payment has been made?

Case / decision no:

2018/210 / 2018/523

Decision date:

12 February 2023

Court:

İdare Mahkemesi

Case number:

2018/210

That provision confers on contracting authorities the power and the duty, during performance of a service contract concluded under Law No 4734, to monitor the wages payable to workers under the contract between the contractor and the worker, and to secure payment to the workers by deducting unpaid wages from the progress payment.