问题 问答题 论述题

1996年女职工A某被一家公司录用。双方签订劳动合同期限为4年。1999年A某开始休产假。原公司合同规定:“女职工符合计划生育规定生育的,产假为56天”。A某没有按照公司的规定休产假,而是按照国家规定休息了90天。当A某上班时,公司根据内部规定,认定超出56天的假期为旷工,并给予除名处理。

公司的规定是否合法,请说明理由。

答案

参考答案:

(1)撤销该公司对A某的除名处理决定;补发按照旷工处理期间的有关待遇。

(2)《劳动法》第六十二条和《女职工劳动保护规定》第八条分别规定“女职工生育享受不少于九十天产假”。该公司与A某签定的劳动合同中关于女职工产假为56天的规定,违反了《劳动法》和《女职工劳动保护规定》,属于无效合同,A某有权利享受90天的产假,不应视为旷工。

单项选择题

Cooperation is the common endeavor of two or more people to perform a task or reach a jointly cherished goal. Like competition and conflict, there are different forms of cooperation, based on group organization and attitudes.
In the first form, known as primary cooperation, group and individual unite. The group contains nearly all of each individual’s life. The rewards of the group’s work are shared with each member. There is an interlocking identity of individual, group, and task performed. Means and goals become one, for cooperation itself is valued.
While primary cooperation is most often characteristic of preliterate societies, secondary cooperation is characteristic of many modern societies. In secondary cooperation, individuals devote only part of their lives to the group. Cooperation itself is not a value. Most members of the group feel loyalty, but the welfare of the group is not the first consideration. Members perform tasks so that they can separately enjoy the fruits of their cooperation in the form of salary, prestige, or power. Business offices and professional athletic teams are examples of secondary cooperation.
In the third type, called tertiary cooperation or accommodation, latent conflict underlies the shared work. The attitudes of the cooperating parties are purely opportunistic; the organization is loose and fragile. Accommodation involves common means to achieve antagonistic goals; it breaks down when the common means cease to aid each party in reaching its goals. This is not, strictly speaking, cooperation at all, and hence the somewhat contradictory term antagonistic cooperation is sometimes used for this relationship.

As used throughout the passage, the term "common" is closest in meaning to which of the following

A.ordinary.

B.shared.

C.simple.

D.popular.

单项选择题