The liability of the contracting authority for wage claims under Turkish labor law

Labour law is a branch of law that aims to protect workers, who are economically weaker, against employers and is shaped accordingly. At the heart of this protective approach lies the concept of wage, which plays a crucial role in the worker's livelihood and is therefore one of the most sensitive issues in individual labour law. In line with the principle of the social state, the legislator has attached particular importance to the protection of wages and introduced specific regulations in this area. This study focuses on Article 36 of the Turkish Labour Code No. 4857, which provides a form of state-backed wage security for workers employed in certain types of public construction and repair contracts. Under this provision, public institutions commissioning such projects through tender procedures may be held liable for up to three months of unpaid wages for each payment period. The study first examines the international basis of Article 36, particularly ILO Convention No. 94, and analyzes how its provisions have been incorporated into Turkish law. Subsequently, three essential conditions for the application of Article 36 are explored in detail: (i) the work must be related to construction or repair, (ii) it must be delivered on a turnkey basis, and (iii) the commissioning party must be among the public institutions explicitly listed in the article. Within this framework, the concept of 'contracting authority' in labour law is defined and distinguished from its counterpart in public procurement law. The concept of turnkey contracts and its distinction from subcontracting relationships are analysed based on the case law of the Turkish Court of Cassation. Particular attention is paid to criteria such as the non-continuous nature of the work and the absence of the principal employer's own workforce in the execution of the contracted task. Furthermore, it is emphasized that the actual conditions of the working relationship take precedence over contractual terminology in determining the legal nature of the relationship. Finally, the scope and limits of public employers' wage liability, the notion of 'progress payment periods,' potential practical challenges, and the precautions that public institutions should take to avoid liability are discussed. The study aims to provide a comprehensive evaluation of this special protective regime designed to ensure the regular payment of workers' wages through state-backed guarantees. Keywords: Labour Law, Wage Protection, Contracting Authority, Turnkey Projects, Employer Liability