问题 多项选择题

【真题试题】(2011年案例分析第79~82题)刘某是某服装厂工人,自2001年进工厂后仅签过一次3年期合同,工资为每月2000元。2010年工厂为规范管理,经过民主程序与工会签订了集体合同,并在劳动部门进行登记备案。集体合同中除规定了劳动报酬等相关内容外,还约定在服装销售旺季的节假日(五一、春节)中,员工需要延长一个小时工作时间,工厂向员工支付加班费。刘某因喜欢摄影,利用业余时间报了一个夜大摄影班。2010年五一期间,工厂要求所有员工加班一小时,刘某以上夜大为由拒绝加班,并认为在表决集体合同时,自己投了反对票,因此集体合同条款对自己无效。为此,工厂对刘某不服从工作安排,处以1000元罚款,并且刘某以前有违纪现象,近期又有违章操作、损害设备,给工厂造成重大损失为由,将其辞退。刘某不服,遂向劳动仲裁委员会提起仲裁。

仲裁委员会审理后,可以( )的理由,作出维持服装厂即时辞退刘某的裁决。

A.刘某不能胜任工作

B.刘某严重违反用人单位的规章制度

C.刘某严重失职

D.刘某过错使劳动合同无效

答案

参考答案:B,D

解析:劳动者有下列情形之一的,用人单位可以解除劳动合同:在试用期间被证明不符合录用条件的;严重违反用人单位的规章制度的;严重失职,营私舞弊,给用人单位造成重大损害的;劳动者同时与其他用人单位建立劳动关系,对完成单位的工作任务造成严重影响,或者经用人单位提出,拒不改正的;因劳动者过错致使劳动合同无效的;被依法追究刑事责任的。劳动者不能胜任工作,经过培训或者调整工作岗位,仍不能胜任工作的,用人单位提前三十日以书面形式通知劳动者本人或者额外支付劳动者一个月工资后,可以解除劳动合同。因此,答案是BD。

单项选择题
阅读理解

For 52 years my father got up at 5:30 am every morning, went to work, and returned home at 5:30 pm. I never saw my father stayed home from work ill, nor did I ever see my father lay down to take a nap. He had no hobbies, other than taking care of his family. All he asked from me, his daughter, was to help him while he was repairing something, so we could have some time to talk.

For 22 years, after I left home for college, my father called me at 9:00 am every Sunday. Nine years ago when I bought my first house, my father, 67 years old, spent eight hours a day for three days in the 80-degree Kansas heat, painting my house. He would not allow me to pay someone to have it done. All he asked for was a glass of iced tea. Five years ago, at age 71, my father spent five hours putting together a swing set for my daughter. Four years ago, my father drove all the way from Denver to Topeka, with an eight-foot Colorado Blue Spruce (云杉) in his truck, so that we could have a part of Colorado growing on our land.

On the morning of January 16, 1996, my sister telephoned me; my father was in the hospital with an aneurysm(动脉瘤) in Florida. I got on an airplane immediately, and on the way I realized that I hadn’t communicated with him as much as I’d always wanted to. I vowed(发誓) that when I arrived, I would have a long talk with him. I arrived in Florida at 1 am, only to find that my father, at the age of 76, had passed away at 9:12 pm. This time it was he who did not have time to talk, or time to wait for me.

1. From the first paragraph we can infer that the author’s father ______.

A. was a good driver      B. was in good health

C. sometimes fell ill         D. had no hobbies

2. The underlined phrase “other than” in the first paragraph can be replaced by “______”.

A. except       B. including      C. without     D. due to

3. According to the last paragraph, we can know that the author’s father was born in ______.

A. 1916          B. 1918             C. 1920        D. 1922

4. The author wrote the article in order to ______.

A. praise her father            B. remember her father

C. show her father loved her   D. let her father be known