Window: _ _ _ _ _ _ _ _ Name: _ _ _ _ _ _ _ _ Achievement: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ \
I. Multiple choice questions
2. Among the following personnel, (b) cannot implement flexible working hours according to law.
A. Field personnel B. Taxi driver
C. Software designer of computer company D. Railway inspector
3. China's "Labor Law" stipulates that if one party to a labor dispute neither brings a lawsuit nor performs the arbitration award within the statutory time limit, the other party may apply for (c).
A. compulsory execution by the labor dispute mediation Committee B. compulsory execution by the labor dispute arbitration Committee
C. People's court execution D. Labor administrative department execution
4. If the employer delays the wages of the workers without reason, it shall pay the wages of the workers in full within the specified time, and also pay economic compensation equivalent to a certain percentage of the wages, which is (b).
10% 20% 25% d . 50%
5. After the termination of the labor contract, the employer shall handle the formalities for the transfer of the relationship between files and social insurance for the employee according to item (b).
7 days 15 days 1 month for 3 months.
6. The following statement about an open-ended labor contract is correct: (b)
If there is no fixed-term labor contract, the employee may terminate the labor contract at any time.
B the labor contract can be dissolved or terminated without a fixed term if there are circumstances stipulated by laws and regulations or agreed by both parties.
C an open-ended labor contract shall be subject to the term of a certain job or project. When a job or project is completed, the labor contract is automatically terminated.
D. If the laborer has worked continuously in the same employer for more than 10 years and both parties agree to extend the labor contract, both parties shall conclude an open-ended contract.
7. The legal situation that the laborer can terminate the labor contract at any time is the employer (C).
A. change of name, legal representative and principal responsible person B. merger or division.
C failing to pay social insurance premiums for workers according to law.
8. If the employer unilaterally terminates the labor contract, it shall inform the reason (d) in advance.
A. Labor inspection agency B. Labor dispute arbitration agency
C. Labor Dispute Mediation Committee D. Trade unions
9. If the employing unit implements the piecework wage system, the employing unit shall determine and adjust the labor quota, so that the workers at the same post (level C) or above can complete it within the statutory working hours.
100% 90% 80% d . 70%
10. According to the provisions of the Labor Contract Law, the following are not necessary clauses in the labor contract. (4)
A. Work content and place B. Working hours and rest and vacation
C. Social insurance D. Liability for breach of contract
1 1. The Labor Contract Law was adopted by the 28th meeting of the 10th the NPC Standing Committee on, and will come into force on.
A. June 29, 2007 +2008 1 October1
B. 29 June B.2007
June 28th, 2007 +2007 1 October1
D June 28, 2007 +2008 1 October1
12. If a labor relationship has been established and a written labor contract is not concluded at the same time, a written labor contract shall be concluded within (b) from the date of employment.
A. 15 day B. one month C. two months D. three months
13. A fixed-term labor contract refers to the labor contract (B) in which the employer and the employee agree on the contract time.
A. Dissolution B. Renewal C. Termination D. Suspension
14. If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed (b).
A. one month b two months c half a month d one and a half months.
15. If the employing unit is merged or divided, the original labor contract (1) shall be provided.
A. Continue to be effective B. Lose its effectiveness
C. effectiveness depends on the specific situation. D. whether it is effective or not is decided by the employer.
16. If the employer fails to pay the labor remuneration in full, the employee may apply to the local people's court according to law (b).
A. legal aid B. payment order C. social relief D. sanction the employer according to law
17. In the current social security system in China, (a) has the largest coverage.
A. Endowment insurance B. Medical insurance C. Unemployment insurance D. Work injury insurance
18. The employee may terminate the labor contract with a written notice to the employer (d) days in advance.
A. three b ten c fifteen d thirty
19. If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed (d) years.
A.2 B.5 C. 10 D. 12
20. If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee (b) times the monthly salary.
A. 1 B.2 C.3 D.4
2 1. Under legal circumstances, if it is really necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employer shall explain the situation to (3) 30 days in advance, and after listening to the opinions of the trade union or employees, it may report the layoff plan to the labor administrative department.
A. trade union B. all employees C. trade union or all employees D. labor dispute arbitration commission
22. The Labor Contract Law is applicable to (3) the establishment of labor relations between People's Republic of China (PRC) and laborers, and the conclusion, performance, alteration, dissolution or termination of labor contracts.
A. Foreign Embassy B Family C Enterprise D Person
23 institutions and the implementation of the employment system of staff to conclude, perform, change, terminate or terminate the labor contract, laws, administrative regulations or the State Council, in accordance with its provisions; Where there are no provisions, the relevant provisions in (b) shall apply.
A. Labor Contract Law B. General Principles of Civil Law C. Contract Law D. Civil Service Law
24./kloc-employment is not allowed under 0/0.
a( 16)B( 18)C(20)D(22)
25. The employing unit shall pay wages to the workers in written form. ..
A (monetary form) B (physical form) C (securities form) D (all three can be used)
26. At present, the minimum wage in our city is B yuan/month.
800 BC 850 BC 900 BC 950 BC
27. Sign a collective contract to go through (d) five procedures.
A.① The parties concerned negotiate, ② the workers' congress or all the workers discuss and approve, ③ the representatives sign, ④ submit it to the labor administrative department for filing, and ⑤ publish it.
B: ① Drafting collective contracts; (2) discussed and approved by the workers' congress or all employees; ③ Representative signs; (4) submitted to the labor administrative department for the record; 5 release.
C ① negotiation between both parties, ② deliberation by the employee representatives, ③ signature by the representatives, ④ submission to the labor administrative department for the record, and ⑤ publication.
D: ① The parties concerned negotiate, ② The workers' congress or all the workers discuss and approve, ③ The representatives sign, ④ Submit to the higher level trade union for filing, and ⑤ announce.
28. The content of "13 1" employment service in the dynamic service of rural employment difficulties groups with the ability to work and the desire to transfer employment does not include (d).
A. Career guidance B. Effective employment information C. Vocational training D. Microfinance
29. What is the minimum payment period for the insured to enjoy medical insurance benefits for retirees after reaching retirement age? (3)
A. Both male and female employees have reached 25 years. B. Male employees have reached 25 years and female employees have reached 20 years. C. Both male and female employees have reached 20 years. D. male employees have reached 20 years and female employees have reached 25 years.
30. Which is not the condition for enterprises to declare "difficult enterprises"? (3)
I. A-level credit unit of labor and social security
B the enterprise made a profit in 2007, and suffered losses for six consecutive months after July 2008 due to the financial crisis.
C, contract and trustworthy units
D measures have been taken to stabilize employment, and it is promised that the number of insured persons in that year will be reduced by no more than 5% compared with the beginning of the year.
3 1. Which of the following is not a public welfare post? (4)
A. Logistics service personnel of neighborhood kindergartens
B, street, community library staff
C streets and community cultural and sports centers (cultural stations, cultural clubs, etc.). ) staff
D, residential property company security
32. Article 98 of the Labor Contract Law stipulates that this law shall come into force as of (b).
A, 2007 65438+ 10/b, 2008 65438+ 10/.
C, February 2008 1, February 2007 1.
33. What is the proportion of individual contributions for endowment insurance in institutions and institutions? (4)
A.3%B.5%C.6%D.7%
34. Which of the following categories of personnel can go through the one-time application procedures for individual contributions of endowment insurance in government agencies and institutions? (3)
A. the insured employee himself applies. B. transfer of insured employees.
C. Insured employees go abroad to settle down or die. D. the insured employee reaches retirement age.
35. Personal expenses in the basic medical insurance refers to (b).
A. all expenses beyond the scope of medical insurance reimbursement
B medical expenses that should be shared by individuals in proportion within the scope of medical insurance reimbursement.
C, medical insurance deductible and the proportion of medical expenses.
D medical expenses shall be borne by the self-sufficient proportion stipulated in the medical insurance.
36. Designated medical institutions in this Municipality can directly use the medical insurance IC card (or citizen card) for medical treatment.
A. The cost of chemotherapy and radiotherapy for malignant tumor B. The cost of dialysis for severe uremia
C. Anti-rejection drug treatment expenses after organ transplantation D. Medical expenses for family beds that can be opened after approval
37. Which of the following hospitals does not have the qualification to approve the transfer of medical insurance? (4)
A. First People's Hospital B. Second People's Hospital C. Yongding Hospital D. Songling Health Center
38. The rural basic old-age insurance in our city is subsidized by individual contributions, of which the proportion of individual contributions is (a).
20%B.30%C.40%D.50%
39. At present, the security land is paid according to the standard of () yuan per capita, and the land department pays it to the agency in one lump sum.
25000D.20000
40. Since 2007, the elderly with rural household registration in our city () can directly apply for the basic government pension.
A.60B
Second, multiple choice questions
4 1. In which of the following cases, the labor remuneration paid by the employer can be lower than the minimum wage standard ()
A. During probation period B. Sick leave period C. Non-working period D. Waiting period
42. According to the provisions of the Labor Contract Law, if a worker proposes or agrees to renew or conclude a labor contract under any of the following circumstances, an open-ended labor contract shall be concluded, unless the worker proposes to conclude a fixed-term labor contract. ()
A the employee has worked in the employer for ten years continuously.
B. When the employing unit implements the labor contract system for the first time or the state-owned enterprise is restructured to conclude a new labor contract, the employee has worked in the employing unit continuously for ten years and is less than five years away from the legal retirement age.
C. A fixed-term labor contract has been concluded for two consecutive times, and the employee does not have the circumstances specified in Items 1 and 2 of Article 39 and Article 40 of this Law, and the labor contract is renewed.
D. Workers have been retired for less than 10 years.
43. According to the provisions of the "Labor Contract Law", the employer illegally terminates or terminates the labor contract. The following statement is correct ().
A. If the laborer requests to continue to perform the labor contract, the employer shall continue to perform it.
B. If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay economic compensation.
C. If the employee does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in the Labor Contract Law.
D even if the employee requests to continue to perform the labor contract, the employer can still not perform the labor contract.
44. The employer shall issue a certificate of dissolution or termination of the labor contract, which shall include: ()
A. Term of labor contract B. Date of dissolution or termination of labor contract
C. Job position D. Years of work in this unit
45. The following labor disputes, unless otherwise stipulated in the Labor Dispute Mediation and Arbitration Law, are final and legally effective as of the date they are made: ()
A. recourse for labor remuneration, work-related injury medical expenses and economic compensation
B the claim for compensation shall not exceed the local minimum monthly wage 12 months.
C due to the implementation of national labor standards, during working hours and rest and vacation.
D. Disputes arising from the implementation of social insurance, etc.
46. According to the provisions of the Mediation and Arbitration Law, the labor dispute arbitration tribunal may, upon the application of the parties concerned, execute the following cases first if they meet the statutory requirements ().
A. Cases in which the parties are migrant workers B. Cases in which labor remuneration is demanded
C. Cases of recovering medical expenses for work-related injuries D. Cases of recovering economic compensation or compensation
47. Individuals and units to terminate or terminate the labor relationship-individuals with () to the domicile of the labor and social security office for unemployment registration.
A, termination of labor relations decision B, employment registration certificate C, personal file D, ID card
48. During the period of unemployment, the unemployed can enjoy free () with the Employment Registration Certificate.
A. Vocational guidance education and training B. Vocational and technical training C. Recommended employment D. Endowment insurance
49. Conditions for employers to enjoy social insurance subsidies: Other enterprises recruit people with employment difficulties who hold re-employment concession cards. Select:
A, female 40 years old, male 48 years old and above unemployed;
B. Unemployed persons who enjoy the minimum living guarantee for urban residents;
C, the husband and wife are unemployed
D. Unemployed people from single-parent families
E, poor families have the ability and desire to find a job.
F. Persons with disabilities with employability and employment aspirations
G, "zero employment family" personnel
50. Small secured loans refer to loans provided by government organizations, commercial banks and professional guarantee institutions to support the employment of laid-off workers and other registered unemployed people. The objects of small secured loans specifically include: (1) the following persons with legal working age in this city's household registration: Choice: ()
First, hold the "Re-employment Concession Card" issued by the labor and social security department;
B, hold the city vocational training guidance center "entrepreneurship training certificate" personnel.
C graduates of technical vocational schools who have certain entrepreneurial ability and are unemployed within two years after graduation;
D. Demobilized veterans with valid certificates;
E, other qualified personnel stipulated by the new government policy.
Third, the judgment question
5 1. The clauses in the labor contract that are different from the collective contract are invalid. ()
52. A third person who has an interest in the outcome of a labor dispute case may apply to participate in arbitration activities. ()
53. In the event of a dispute over unpaid labor remuneration, the employee's application for arbitration is not limited by the time limit for arbitration. ()
54. Where a party to a labor dispute applies for arbitration to the labor dispute arbitration committee in the place where the labor contract is performed and the place where the employer is located, it shall be under the jurisdiction of the labor dispute arbitration committee in the place where the employer is located. ()
55. The employer and the employee conclude a written labor contract, and the labor relationship is established from the date of signing the contract. ()
56. If the employer and the employee propose to terminate the labor contract through consultation, the employer does not need to pay economic compensation to the employee. ()
57. The employing unit shall not refuse to employ a person on the grounds that he is a carrier of infectious diseases. Otherwise, if there is a dispute, workers can apply for arbitration. ()
58. The employer may negotiate with the employee to implement the standard working hour system, comprehensive working hour system and irregular working hour system in the labor contract. ()
59. If the unit really cannot arrange annual leave for employees due to work needs, it shall not arrange annual leave for employees. ()
60. Labor dispute arbitration shall be conducted in public, but if the parties agree not to make it public, it may not be made public. ()
6 1. The arbitral tribunal may make an arbitral award directly without mediation. ()
62. If the employer fails to conclude a written labor contract with the employee within one month from the date of employment, it shall be deemed that the employer has concluded an open-ended labor contract with the employee. ()
63. If workers are arranged to work on statutory holidays, overtime pay of not less than 300% of their wages shall be paid. ()
64. If the employer and the employee reach an agreement through consultation, the contents of the labor contract may be changed orally. ()
65. Workers bear the burden of proof for the payment of wages. ()
66. The employer shall pay the work-related injury insurance premium on time, and the individual employees shall not pay the work-related injury insurance premium. ()
67. If a labor dispatch unit dispatches workers from different regions, the remuneration and working conditions enjoyed by the dispatched workers shall be implemented according to the standards of the place where the employing unit is located. ()
68. Part-time employment refers to a form of employment in which workers are paid by the hour, and the average daily working hours in the same employer generally do not exceed six hours, and the cumulative working hours per week do not exceed twenty-four hours. ()
69. If the employee voluntarily proposes to terminate the labor contract with the employer and reaches an agreement with the employer to terminate the labor contract, the employer does not need to pay economic compensation to the employee. ()
70. If the employer illegally agrees with the employee on a probation period, the labor administrative department shall order it to make corrections; If the probation period illegally agreed upon has expired, the employing unit shall pay compensation to the employee at twice the salary of the employee during the probation period. ()
7 1. The same employer and the same worker can only agree on a probation period. ()
72. After the dissolution or termination of the labor contract, the non-competition period that is restricted from competing with other employers who produce or deal in similar products of this unit shall not exceed one year. ()
73. Any dispute over the invalidity or partial invalidity of a labor contract shall be confirmed by the labor dispute arbitration institution or the people's court. ()
74. If an employer unilaterally terminates a labor contract, it shall notify the trade union of the reasons in advance. ()
75. The economic compensation shall be paid according to the number of years the laborer has worked in this unit, and one month's salary shall be paid for each year. ()
76. The holidays prescribed by the state, such as family leave, funeral leave and maternity leave, which employees enjoy according to law, and the period of paid leave due to work-related injuries are not included in the annual leave. ()
77. Juvenile workers refer to workers who have reached the age of 16 but are under the age of 18. ()
78. The probation period of a labor contract shall not exceed 3 months. ()
79. Violation of labor security laws, regulations or rules, which has not been discovered by the administrative department of labor security within two years, has not been reported or complained, will not be investigated and dealt with by the administrative department of labor security. ()
80. Our laws prohibit the use of child labor. Child labor refers to teenagers and children under the age of 16 who have labor relations with units or individuals and engage in income-generating labor or individual labor. ()
8 1. At present, there are 10 legal holidays in China. ()
82. Employers pay unemployment insurance premiums at 2% of the social insurance premium payment base, and individuals pay unemployment insurance premiums at 1% of the social insurance premium payment base. ()
83. Employers and employees can receive unemployment insurance benefits for two months every year of unemployment 1 year, and so on, but the maximum time limit for receiving unemployment insurance benefits at one time is no more than 24 months. ()
84. Workers who have reached the legal age for employment, have the ability to work and have the desire to apply for a job have the right to choose their own jobs. ()
85. Workers have the right to receive vocational skills training. ()
86. If the laborer is unwilling to sign a labor contract, the employer shall not employ him. ()
87. At present, there are two kinds of social insurance in our city: endowment insurance and medical insurance ().
88. When a labor dispute occurs, the parties concerned may directly bring a lawsuit to the local people's court. ()
89 enterprises that can apply for preferential policies for re-employment, including all service enterprises; Commercial enterprises; Processing enterprises in labor employment service enterprises and small business entities with processing nature in street communities. ()
90 "stable job subsidies" shall be applied to the municipal labor and social security department by the enterprise on a monthly basis, and shall be examined and approved by the labor and social security, finance, state-owned assets and economic and trade departments. The application materials include the measures to be taken to stabilize the workforce, the commitment letter to stabilize the workforce, and other materials that need to be provided as required. ()
9 1. Since June 1 day, 2009, the minimum payment standard of unemployment insurance has been raised from 450 yuan to 500 yuan. ()
92. Local tax authorities at or above the county level are responsible for the collection of basic old-age insurance premiums within their respective administrative areas. ()
93. If the insured person settles abroad after retirement, the basic pension can be collected by the designated person or deposited in the agency. ()
94. Engaged in underground, high temperature, low temperature, high altitude, particularly heavy manual labor or other jobs harmful to health, who have reached the prescribed number of years, men who have reached the age of 55 and women who have reached the age of 45 may apply for retirement. ()
95. All staff of government agencies and institutions shall participate in the endowment insurance of government agencies and institutions. ()
96. The medical insurance for urban workers lasts from April 1 day to March 3 1 day of the following year. ()
97. The medical expenses incurred by poor people who meet the conditions of medical insurance hospitalization (including reference hospitalization) shall be reduced by 50%; The expenses incurred by poor people who need dialysis treatment due to severe uremia shall be paid in full by the medical assistance fund, and individuals will no longer bear it. ()
98. Migrant workers in Wujiang can enjoy relevant medical insurance benefits only by paying 5 yuan/month supplementary medical insurance for serious illness. ()
99. Rural residents in our city do not belong to the coverage of rural basic old-age insurance. ()
100. Individuals participating in rural old-age insurance can apply to transfer rural old-age insurance to urban insurance, and the individual contributions of rural old-age insurance and two levels of financial subsidies are transferred to urban insurance funds. ()
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.