问题 多项选择题

职工李某2012年3月1日被招入某公司时,公司忘了与其订立劳动合同。李某知道公司如果不与其订立书面劳动合同,依法需要向其支付双倍工资,因此一直不动声色。直至公司对其劳动合同进行普查时,才发现与李某漏签了劳动合同。于是,公司提出要与李某补签书面劳动合同。但李某要求公司先支付其另一半工资,否则不同意补签书面劳动合同。公司表示,如果李某不同意补签书面劳动合同,公司将随时与李某终止劳动关系,随后,因李某不同意订立书面劳动合同,公司向李某送达了终止劳动关系的书面通知。李某收到书面通知后,要求公司给予其经济补偿。但公司予以拒绝,双方因此发生了争议。

关于公司与李某终止劳动关系给予经济补偿的说法,正确的是()。

A.公司与李某终止劳动关系,无须给予李某经济补偿 

B.因李某不同意订立书面劳动合同,如公司在2012年3月20日书面通知李某终止劳动关系,公司无须给予李某经济补偿 

C.因公司未与李某订立书面劳动合同,如李某要求终止劳动关系,公司应当给予李某经济补偿 

D.只要公司提出与李某终止劳动关系,公司就应当给予李某经济补偿 

答案

参考答案:B, C

解析:

用人单位自用工之日起超过一个月不满一年未与劳动者订立书面劳动合同的,应当向劳动者每月支付两倍的工资,并与劳动者补订书面劳动合同;劳动者不与用人单位订立书面劳动合同的,用人单位应当书面通知劳动者终止劳动关系,并支付经济补偿。

自用工之日起一个月内,经用人单位书面通知后,劳动者不与用人单位订立书面劳动合同的,用人单位应当书面通知劳动者终止劳动关系,无需向劳动者支付经济补偿,但是应当依法向劳动者支付其实际工作时间的劳动报酬。

考点

劳动合同订立

阅读理解

Bertie knew there was something in the wind.His mother had been sad in recent days, not sick, just strangely sad. The lion had just lain down beside him, his head warm on Bertie’s feet when Father cleared his throat and began, “You’ll soon be eight, Bertie. A boy needs a proper education. We’ve found the right place for you, a school near Salisbury in England.”

His heart filled with a terrible fear, all Bertie could think of was his white lion. “But the lion,” he cried, “What about the lion?”

“I’m afraid there’s something else I have to tell you,” his father said. Looking across at Bertie’s mother, he took a deep breath. Then he told Bertie he had met a circus owner from France, who was over in Africa looking for lions to buy. He would come to their farm in a few days.

“No! You can’t send him to a circus!” said Bertie. “People will come to see him. He’ll be shut up behind bars. I promised him he never would be. And they will laugh at him. He’d rather die. Any animal would!” But as he looked across the table at them, he knew their minds were quite made up.

Bertie felt completely betrayed. He waited until he heard his father’s deep breathing next door. With his white lion at his heels, he slipped downstairs, took down his father’s hunting rifle from the rack and stepped out into the night. He ran and ran till his legs could run no more. As the sun came up over the grassland, he climbed to the top of a hill and sat down, his arms round the lion’s neck. The time had come.

“Be wild now,” he whispered. “You’ve got to be wild. Don’t ever come home. All my life I’ll think of you. I promise I will.” He buried his head in the lion’s neck. Then, Bertie clambered down the hill and walked away.

When he looked back, the lion was still sitting there watching him; but then he stood up, yawned, stretched, and sprang down after him. Bertie shouted at him, but he kept coming. He threw sticks. He threw stones. Nothing worked.

There was only one thing left to do. With tears filling his eyes and his mouth, he lifted the rifle to his shoulder and fired over the lion’s head.

小题1:Bertie’s mother was sad probably because she ______.

A.had been seriously ill recently

B.had decided to send Bertie to school

C.knew selling the lion would upset Bertie

D.knew Bertie would hate to go to England小题2:In the last paragraph, the boy lifted the rifle to ______.

A.kill the lion out of anger

B.show his anger towards his father

C.protect himself from the lion

D.threaten the lion back to the wild小题3:The passage intends to show that ______.

A.animal-hunting is popular in Africa

B.parents are sometimes cruel to their children

C.people and animals can be faithful to each other

D.animals usually lead a miserable life in circuses

单项选择题