问题 单项选择题

李某今年刚满16岁到城里打工,被一家化工厂雇用,约定试用期为6个月,从事化工原料的搬运工作,并规定李某不得擅自解除合同,否则负违约责任。下列理由不能据以主张该合同无效的有:

A.这份合同没有采用书面形式而且缺少劳动合同的必备条款

B.对从事工作性质、违反责任等事项的规定违反国家法律法规

C.在签订合同中,用人单位采用了欺诈手段

D.李某是未成年人,不具有签订劳动合同的资格

答案

参考答案:D

解析:理由:该题考查劳动合同效力的相关问题。注意,我国劳动法规定的具备劳动权利能力和行为能力的年龄是16岁,而非18岁,16岁以上就可以接受雇用,签订劳动合同,但是国家对 16岁以上不满18岁的劳动者(称为未成年工)规定了特殊保护的措施。所以,选项D所述情形不能成为主张劳动合同无效的理由。另外,有关劳动合同的无效,《劳动法》第18条规定,“下列劳动合同无效:(一)违反法律、行政法规的劳动合同;(二)采取欺诈、威胁等手段订立的劳动合同。无效的劳动合同,从订立的时候起,就没有法律约束力。确认劳动合同部分无效的;如果不影响其余部分的效力,其余部分仍然有效。劳动合同的无效,由劳动争议仲裁委员会或者人民法院确认。”所以,选项BC所述情形可以据以主张无效。另外要注意,在劳动法中以欺诈、威胁手段签订的劳动合同无效,不同于合同法中的可撤销合同,本题选项没有出现这样的说法,但读者必须注意此点。另外,《劳动法》第19条规定,“劳动合同应当以书面形式订立,并具备以下条款:(一)劳动合同期限;(二)工作内容;(三)劳动保护和劳动条件;(四)劳动报酬;(五)劳动纪律;(六)劳动合同终止的条件;(七)违反劳动合同的责任。劳动合同除前款规定的必备条款外,当事人可以协商约定其他内容。”对于这些必备条款,劳动合同中必须具备。而且,要注意劳动合同应采用书面形式。所以,选项A可以称为主张劳动合同无效的理由。

问答题
单项选择题

An eight-year-old child heard her parents talking about her little brother. All she knew was that he was very sick and they had no money left. When she heard her daddy say to her (1) mother," (2) a miracle can save him now", the little girl went to her bedroom and took out her piggy bank. She (3) all the change out on the floor and counted it carefully. Then she (4) her way six blocks to the drugstore.

"And what do you want" asked the shopkeeper. "It’s (5) my little brother," the girl answered back. "He’s really, really sick and I want to buy a (6) . His name is Andrew and he has something (7) growing inside his head and my daddy says only a miracle can save him. " "We don’t (8) miracles here, child. I’m sorry." the chemist said, smiling (9) at the little girl.

In the shop was a (10) customer. He stooped down and asked the little girl, "What kind of miracle does your brother (11) " "I don’t know," she replied. "He’s really sick and mommy says he needs (12) . But my daddy can’t pay for it, so I have brought my (13) .""How much do you have" asked the man. "One dollar and eleven cents, (14) I can try and get some more," she answered quietly. "Well, what a coincidence," smiled the man. "A dollar and eleven cents—the (15) price of a miracle for little brothers. (16) me to where you live. I want to see your brother and (17) your parents. "

That well-dressed man was Dr Carlton Armp, a doctor. The operation was completed without any (18) and it wasn’t long before Andrew was (19) again. The little girl was happy. She knew exactly how much the miracle cost—one dollar and eleven cents—also the (20) of a little child.

9()

A.quickly

B.sadly

C.strangely

D.coldly