问题 问答题 案例分析题

2009年5月,15岁的小林不愿意继续上学,就离家出走,到某县城去打工。小林在一家餐厅找到了工作,主要是帮厨师做一些杂活。因为小林年纪小只能算半个劳动力,所以餐厅经理与他讲好,比别人的工资要少30%,小林表示同意。餐厅的工作十分辛苦,并且因为小林年纪小,常常受到欺负,因此觉得难以忍受,于是小林向经理提出辞取.但经理说如果要提前辞职就要交纳违约金500元,小林必须要干满约定的期限。小林于是给家里写信,叫父母领自己回去。小林的父母来到县城要领小林回去,餐厅经理仍然不放人,称要放人就先交500元违约金。

小林能够成为劳动合同的一方当事人吗?

答案

参考答案:

作为劳动法律关系一方的劳动者,必须要具有劳动法上的权利能力与行为能力,即劳动权利能力与劳动行为能力。我国《劳动法》第15条规定:禁止用人单位招用未满16周岁的未成年人。文艺、体育和特种工艺单位招用未满16周岁的未成年人,必须依照国家有关规定,履行审批手续,并保障其接受义务教育的权利。因此,我国公民的劳动权利能力和劳动行为能力开始于16周岁。在本案中,小林未满16周岁,因此没有劳动法上的权利能力与行为能力,不能作为劳动合同的一方当事人。

阅读理解

根据短文内容。完成下面的句子。每空一词。(每小题2分,共10分)

It was a cold day in December in New York City. A little boy about ten years old was standing in front of a shoe store on Broadway. He was looking through the window, bare footed and shaking with cold. A lady walked to the boy and said, "My little boy, what are you looking at?  I was asking God to give me a pair of shoes. " was the boy's reply.

The lady took him by the hand and went into the store. She asked the clerk to get a pair of socks for the boy. She then asked if he could give her a basin of hot water and a towel. The clerk quickly brought them to her. She removed her gloves, knelt down, washed the boy's little feet, and dried them with a towel. By this time, the clerk had returned with the socks. The lady put on the socks for the boy, and then bought a pair of shoes for him. She patted him on the head and said, "My little boy, do you feel more comfortable now?"

As the lady turned to go, the boy caught her by the hand suddenly and looked up in her face.

With tears in his eyes, he asked her, "Are you God's wife?  No, I'm a mother," said the lady.

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小题1:The story            in New York on a            day in December.

小题2:The little boy ____________ in from of a shoe store and looked forward to _______ a pair of shoes.

小题3:The lady             the little boy by the hand and             the store.

小题4: The lady            the little boy            he felt more comfortable.

小题5: The lady was so             that she was             as "God's wife" by the little boy.

问答题