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Kirish Roʻyxatdan oʻtish

Qonun toʻplami

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2709 ta modda topildi

Both parents owe maintenance to their child in proportion to their means and to the needs of the child, irrespective of whether the parents are or have been married to each other. Where the child lives with one parent, the other parent shall contribute by periodic payments fixed by agreement approved by the court or, failing agreement, by the court. As a guideline the court applies a rate of one quarter of net income for one child, one third for two children, and one half for three or more children. A maintenance order may be varied at any time on proof of a material change in the means of either parent or in the needs of the child. Arrears of maintenance may be recovered by attachment of earnings. The obligation continues until the child attains majority and, where the child is in full-time education, until the completion of that education.
On dissolution of a marriage the court may order one former spouse to pay maintenance to the other where the applicant is unable to provide for their own needs, having regard to the duration of the marriage, the age and health of the parties, and the contribution each made to the household. Maintenance is fixed for a determinate period sufficient to allow the recipient to become self-supporting, save where age or health makes that outcome unlikely, in which case it may be granted without a fixed term. The obligation ends on the remarriage of the recipient, on the death of either party, or on a court order made following a material change in circumstances.
Parental responsibility is exercised jointly by both parents. The separation of the parents does not by itself alter the joint exercise of parental responsibility. The court shall determine the child's habitual residence and the arrangements for contact with the other parent by reference to the best interests of the child, taking into account the child's age, the stability of each home, and the willingness of each parent to support the child's relationship with the other. A child capable of forming their own views shall be given the opportunity to be heard in proceedings concerning them, and the views expressed shall be given due weight in accordance with the child's age and maturity. Sole exercise of parental responsibility is ordered only where joint exercise would be contrary to the interests of the child.
An employer shall pay the wages owed to an employee in full and on the date fixed by the employment contract, and in any event no later than the fifteenth day following the end of the pay period to which the wages relate. Payment shall be made in legal tender or by transfer to an account designated by the employee. Wages may not be withheld, deferred, or set off against claims of the employer except where a court order or a written agreement signed by the employee expressly permits it. A general clause in the employment contract permitting unilateral deductions is void. Where payment is delayed, the employer owes the employee statutory interest on the outstanding amount for each day of delay, calculated from the day after the due date until the day of actual payment. The employee's right to claim interest arises automatically and does not require a prior demand.
An employee whose wages remain unpaid after the due date fixed by Article 112 may demand payment in writing. The written demand shall state the pay periods concerned, the amount claimed, and a deadline for payment of not less than seven calendar days. If the employer does not pay within the deadline stated in the demand, the employee may bring a claim before the labor court or, at the employee's choice, file a complaint with the labor inspectorate. Proceedings concerning unpaid wages are exempt from court fees for the employee. Where the court finds that wages were withheld without lawful justification, it shall order payment of the outstanding wages together with statutory interest and may award compensation of up to three months' wages for the harm caused by the delay. A claim for unpaid wages must be brought within three years from the date each payment fell due. Each unpaid pay period gives rise to a separate limitation period.
A party terminating an employment contract of indefinite duration shall give written notice. The minimum notice period is two weeks for employees with less than one year of service, one month for employees with one to five years of service, and two months for employees with more than five years of service. The employer may release the employee from the obligation to work during the notice period, in which case the wages for that period remain payable in full. An employee dismissed without the required notice is entitled to compensation equal to the wages that would have been earned during the missing notice period. No notice period is required where the contract is terminated for a serious breach established in a documented disciplinary procedure in which the employee was given the opportunity to respond.
Work performed beyond the normal working time agreed in the contract, and in any event beyond forty hours in a week, constitutes overtime. Overtime requires the employer's prior request or subsequent written approval; tolerated overtime performed with the employer's knowledge is deemed approved. Overtime shall be paid at not less than one hundred and fifty percent of the employee's ordinary hourly wage, and at not less than two hundred percent for hours worked on a weekly rest day or a public holiday. By written agreement, overtime may be compensated by equivalent paid time off instead of a wage supplement, provided the time off is granted within three months. If it is not granted within that period, the wage supplement becomes payable.
Every employee is entitled to at least twenty working days of paid annual leave for each full year of service, accruing proportionally over the year. Leave entitlement may not be waived in exchange for payment while the employment relationship continues. The timing of leave is fixed by agreement between the parties, taking into account the operational needs of the employer and the personal circumstances of the employee. The employer shall confirm approved leave in writing at least two weeks in advance. On termination of employment, accrued but untaken leave shall be paid out at the employee's current wage rate. The payment falls due together with the final salary payment and is subject to Article 112.
An employee is entitled to maternity leave of not less than eighteen weeks, of which at least six weeks shall be taken after childbirth. The period of leave counts as service for the purpose of seniority, leave accrual, and notice periods. Termination of employment during pregnancy, during maternity leave, and for four months following the return to work is void unless it results from the closure of the undertaking or from a serious breach established in a documented disciplinary procedure. On return from maternity leave the employee is entitled to resume the same position, or an equivalent position at no lower wage, and to benefit from any pay increase granted during the period of absence.

Yurideks

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