Are there any questions about labor and social security?

First, multiple-choice questions (2 points for each question, a total of 20 points)

1. The party requesting labor arbitration shall submit a written application to the labor dispute arbitration committee within 60 days from the date of receiving the arbitration request.

A labor dispute occurs when Party A terminates the labor relationship.

C mediation fails, and D Arbitration Commission decides to accept it.

2. If the employing unit refuses to pay the wages and remuneration of the workers for extended working hours, it may also order them to pay _ _ _ _ in addition to the wages and economic compensation.

A compensation b liquidated damages c overdue payment d penalty

3. If the laborer is not competent for the job, and is still incompetent after training or job adjustment, the employer may dismiss him according to law.

A terminate the contract b terminate the contract c change the contract d renew the contract.

4. The conditions and standards for employees to enjoy social insurance benefits are _ _.

A enterprise rules and regulations b labor contract c laws and regulations d collective contract

5. If a party to a labor dispute refuses to accept the arbitration award, it may bring a lawsuit to the people's court from the date of receiving the award.

A one year, B six months, C one month, D fifteen days.

6. The director of the Labor Dispute Adjustment Committee is _ _.

Representative of a worker and representative of b trade union

C employer's representative d representative elected by the three parties.

7. The labor contract expires or the conditions agreed by the parties appear, and the labor contract is terminated.

A cancel b automatically cancel c cancel d terminate.

8, trade unions and enterprises with working conditions, working conditions and living conditions as the main content of the contract is _ _.

A collective contract b economic contract c civil contract d labor contract

9. Payment of _ _ and the resulting social relations do not belong to the adjustment scope of the labor law.

A remuneration for temporary workers b remuneration for processing contracts

C labor remuneration of rotating workers d income of hired workers.

10. In case of death, according to the provisions of the Labor Law, Jinduo employees are entitled to _ _ days maternity leave.

A 56 days B 90 days C 105 days D 120 days

Second, judge the following questions and explain the reasons (5 points for each question, 20 points in total).

1. It is forbidden for employers to recruit underage workers under the age of 16. ( )

2. Social insurance aims to provide all citizens with a series of basic living guarantees to avoid or get rid of all kinds of disasters in life. ( )

3. After a labor dispute occurs, the parties apply to the Labor Dispute Mediation Committee of the unit for mediation; If mediation fails, you can apply for arbitration. ( )

4. If workers are arranged to work on rest days, they shall be paid no less than 200% of their wages. ( )

Iii. Point out the differences and connections between the following concepts (10 for each question, 20 points in total)

1, labor relations, labor administrative relations

2. Labor contracts and labor service contracts

4. Question and answer (12 for each question, 24 points in total)

1. What are the conditions and procedures for economic layoffs in China?

2. After the founding of the People's Republic of China, what development stages did China's labor law go through? What are the main characteristics of labor legislation at various stages?

V. The case (16)

A female employee of a Ministry of Posts and Telecommunications was regarded as absenteeism because she refused to deliver the newspaper on Sunday, and was punished by the employer for violating discipline. The female worker complained to the Labor Arbitration Committee on the grounds that she should consult with the employees and the employees have the right to refuse to work overtime on Sunday, so she did not violate discipline. The investigation of the arbitration institution is as follows: (1) With the approval of the labor department, the enterprise implements the comprehensive calculation of working hours on a monthly basis; (2) The enterprise implements the rotation system, so the female employees should have a rest in Japan on Sunday, so it has been arranged. However, due to other employees' sick leave, the company asked her to take the place and was rejected. (3) If a female employee goes to work on the same day, the working time in the current month is 40 hours and the working week is 7 days. (4) According to the rules and regulations of the enterprise, in addition to deducting the salary of the day, part of the bonus of the month should be deducted for one day of absenteeism, and the enterprise should implement this regulation. Q: (1) Is the enterprise handling it correctly? Why? (2) If the enterprise implements the standard working hour system, is this treatment correct? Why?

The answer to the first question

I. Multiple choice questions

2A 3A 4C 5D 6B 7D 8A 9B

Second, analyze the problem

1 (non-) underage workers refer to workers who are over 16 years old but under 18 years old. China implements a special labor protection system for underage workers, but its use is not prohibited. China prohibits employers from recruiting children under the age of 16.

(Non-) social security aims to provide a series of basic living guarantees for all citizens, so as to avoid or get rid of all kinds of disasters in life. Social insurance is only a part of social security. Refers to the social security system established by the state through legislation and implemented in the form of insurance. Provide certain material help or corresponding compensation to the workers who are unable to work or temporarily suspended from work due to loss of working ability or job opportunities, so that they can at least maintain their basic livelihood.

3. After a (non-) labor dispute occurs, the parties may apply to the Labor Dispute Mediation Committee of the unit for mediation; One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration.

4. Arrange workers to work on (non-) rest days, and pay no less than 200% of wages if they can't make up the rest days.

Third, the concept comparison questions

1, the difference: (1) Labor administrative relations generally focus on the macro interests of the society and command and coordinate individual activities from the perspective of the whole society, while labor relations are limited to a small scope and generally focus on micro interests; (2) Labor administrative relations are subordinate relations established according to the principles of instruction, obedience, organization and supervision, and labor relations are social relations established according to the principle of consultation; (3) Labor administrative relationship is a free relationship, which is a social relationship formed by the state in implementing various management, maintaining social stability and implementing social security; Labor relations are paid economic relations.

Connection: On the one hand, labor administrative relations should embody the essence of labor relations and play a role in promoting and protecting labor relations; On the other hand, labor relations must develop under the restriction of labor administrative relations.

2. Difference: (1) The nature of social relations is different. A labor contract is a contract only related to the labor process, which shows that the laborer provides labor to the employer; Although the labor contract is also related to the labor process, it focuses more on the realization process. (2) The dominant position of labor force is different. In the labor contract relationship, the control of the labor force is exercised by the employer who owns the means of production, and the two sides form a subordinate relationship between management and management; In the labor contract relationship, the laborer organizes and directs the labor process by himself. (3) Different risk responsibilities. In the labor contract relationship, the employer shall bear the risk responsibility; In the labor contract relationship, the labor service provider bears the risks by himself. (4) The nature of labor remuneration is different. The labor remuneration arising from the performance of the labor contract is distributive and does not change directly with the market supply and demand, and its payment form is often stipulated as continuous and regular wage payment; The labor remuneration obtained from the labor contract is a one-time payment of commodity prices, which is directly related to market changes.

Contact information: Both contracts are closely related to the labor process.

Fourth, question and answer.

1. Layoff conditions: The employing unit is on the verge of bankruptcy, and it is declared by the people's court to be in the period of legal rectification or has serious difficulties in production and operation, which meets the standards of enterprises with serious difficulties stipulated by the local government and really needs to be laid off. Layoff procedures: (1) explain the situation to the trade union or all employees 30 days in advance and provide production and operation information; (2) Proposing a layoff plan according to law; (three) to solicit the opinions of the trade union or all employees on the layoff plan, and to modify and improve the plan; (four) report to the local labor administrative department on the plan to reduce staff, and listen to the opinions of the trade union or all employees, and listen to the opinions of the labor administrative department; (5) The employing unit officially announces the layoff plan, goes through the formalities of dissolving the labor contract with the laid-off personnel, pays economic compensation to the laid-off personnel in accordance with relevant regulations, and issues a layoff certificate. In addition, if the employing unit needs to recruit new personnel within six months from the date of downsizing, it must give priority to hiring from the personnel downsized by the unit, and report the number, time, conditions and priority of hiring to the local labor administrative department.

2.( 1) The formation period of labor legislation in China. The labor legislation during the period of national economic recovery correctly reflects the current situation of social labor relations in China, including socialist labor relations in state-owned enterprises and labor relations in private enterprises. The labor law in the First Five-Year Plan period promoted the establishment of a unified national labor, wages, insurance and welfare system, but it also reflected the shortcomings of the economic system at that time, and there were problems of over-emphasis on administrative management, over-unification and over-packaging. (2) The low period of labor legislation in China. During the long period from 1958 to 1976 when the Gang of Four was crushed, due to the "Left" errors and the interference and destruction of the "Cultural Revolution", on the one hand, the administrative behavior in China's labor management system was strengthened, on the other hand, labor work gradually deviated from the legal track. (3) The development period of labor legislation in China. After the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, the construction of labor legal system has entered a period of all-round development, and labor legislation has made remarkable achievements. However, with the deepening of the reform of labor system, wage system and social security system, the relative lag of labor legislation has become an urgent problem. (4) The maturity of labor legislation in China. The promulgation of "People's Republic of China (PRC) Labor Law" indicates that China's labor legislation has entered a mature stage.

Verb (abbreviation of verb) case problem

1, the enterprise's handling is correct. Enterprises implement a comprehensive working hour system and are allowed to adopt a rotation system. The working hours of the month did not exceed the 40 hours stipulated by the state, and it is not considered overtime to require female employees to go to work on Sunday. Female employees should obey the arrangement of the enterprise within the prescribed working hours, otherwise they will be dealt with in violation of discipline.

2. If the enterprise implements the standard working hour system, the enterprise does not handle it properly. According to the six-day working system, enterprises have extended their working hours. Employees are required to work overtime on public holidays and holidays, and their consent is required. Employees have the right to refuse. The enterprise's penalty deduction constitutes wage deduction.

Test 2

A, true or false questions (distinguish right from wrong, write "Yes" or "No" in brackets) (each question 1 point, a total of 10 point)

1. After the labor contract is confirmed to be invalid, it shall be dissolved according to law. (non-)

2. The state implements the paid annual leave system. (Yes)

3. The state implements the working hours system that laborers work 8 hours a day and 44 hours a week on average. (non-)

4. When an enterprise recruits workers with labor contract system, it shall specify the probation period. (non-)

5. Overtime pay cannot be used as a part of the minimum wage. (Yes)

6. "Unemployed" and "unemployed" have the same meaning. (Yes)

7. The two concepts of "unemployment" and "waiting for employment" have the same meaning. (non-)

8. The collective contract shall take effect after being signed by both parties. (non-)

9, the collective contract can only take effect after approved by the labor administrative department. (non-)

10. If the employee is sick or injured at work and can go to work after the medical treatment expires, the employer shall arrange work. (Yes)

Two. Noun explanation (3 points for each question, 6 points in total)

1, labor inspection

Step 2 hire

Three, multiple-choice questions (3 points per question, a total of 24 points)

1. If the employing unit illegally recruits child labor, the labor administrative department shall impose a fine of _ _ _ _.

A warning, B fine, C order to correct, D suspend production for rectification, E detention.

2, workers in _ _ _ _ cases, enjoy social insurance benefits according to law.

A was born, B was injured, C was further educated, D was unemployed, E was retired, F was injured.

3. The conditions for the termination of the labor contract are _ _ _ _.

First, the termination conditions agreed by the parties appear. B, the parties reached an agreement through consultation. C. The term of the labor contract expires. D the objective conditions on which the labor contract was concluded changed, which made the original contract impossible to perform.

4. The right to confirm that the labor contract is invalid is in _ _ _ _.

A the superior department in charge of the employer B enterprise labor dispute committee

C Labor Dispute Arbitration Commission Ding People's Court

5, social insurance has the characteristics of _ _ _ _.

A voluntary b social c compulsory

D mutual assistance e profit f welfare

6, China's special working hours system mainly includes _ _ _ _.

A fixed working hours system b shortened working hours system c comprehensive calculation working hours system

D extended working hours system e piecework working hours system f irregular working hours system

7. According to the method of determining wages, wages can be divided into _ _ _ _ _.

A hourly wage b actual wage c nominal wage d piece rate

E monetary salary f allowance salary g incentive salary h physical salary

8. According to the payment form of wages, wages can be divided into _ _ _ _ _ _.

A hourly wage b actual wage c nominal wage d piece rate

E monetary salary f allowance salary g incentive salary h physical salary

Iv. point out the differences and connections between the following concepts (each question 10, 20 points in total)

1, labor relations, labor legal relations

2. Rights dispute

Verb (abbreviation of verb) Q&A (20 points for each question 10)

1, what is the labor law? How did the modern labor law come into being?

2. Why should China entrust administrative responsibilities to some institutions? What is the difference between these institutions and general intermediaries?

Six, the case (20 points)

Li signed a five-year labor contract with an enterprise, and the contract stipulated that Li would work as a chef. After the contract was concluded, the enterprise changed Li's post for many times within three years without consultation, and deducted Li's salary for three months on the grounds that the delivery unit in Li Wei offered 1000 yuan to the employees. To this end, Li filed a complaint with the Labor Dispute Arbitration Committee, demanding that the salary be reissued and the labor contract be terminated. The company filed a counterclaim, demanding that Li bear the company's temporary compensation training expenses before joining the company. The labor arbitration commission supported the workers' demands and rejected the counterclaim of the enterprise. Q: In this case, which articles of the Labor Arbitration Commission made the decision on the basis of the Labor Law?

Answer to question 2

I. Right and wrong issues

1 not 2 not 3 not 4 not 5 not 6 not 7 not 8 not 9 not 10 yes.

Second, the noun explanation

1. The labor administrative department shall set up a special organization with a certain number of inspectors to conduct normative supervision and inspection on the implementation of the labor law by the employing unit.

2. Employment refers to the work that citizens who have the ability to work and the desire for employment get the corresponding remuneration.

Third, multiple choice questions

1BC 2 abdef 3AC 4CD 5 bcdf 6 bcef 7 adfg 8EH

Fourth, the concept comparison questions

1, difference: (1) They have different premises. Labor relations occur in the process of labor. Where there is common labor, there is labor relations. Labor legal relationship is a labor relationship regulated by labor legal norms, so its formation must be based on the existence of labor legal norms. (2) The contents of the two are different. Labor relations are based on labor. When the state does not formulate corresponding labor laws and regulations, this relationship does not have legal rights and obligations, so it does not have national coercive power. Labor legal relationship is based on legal rights and obligations, and the participants in any labor legal relationship appear as the holders of rights and the undertakers of obligations.

Contact: the participants in labor relations conclude labor relations according to the requirements of legal norms, and the labor relations concluded have the form of legal relations, and the legal relations take labor relations as the actual content.

2. Difference: (1) The contents of the dispute are different. Rights disputes are disputes arising from the implementation of labor laws and regulations, labor contracts and collective contracts. In such disputes, the rights and obligations of the parties are established, or stipulated by labor laws and regulations, or confirmed by labor contracts or collective contracts; Because of the need to determine or change working conditions, interest disputes often occur. In this kind of dispute, the rights and obligations advocated by both parties are not determined in advance, and the dispute arises because the two sides have different requirements for these rights and obligations and need to be determined. (2) Different handling procedures. Rights disputes are matters that are governed by laws, regulations and contracts, and labor dispute mediation, arbitration or litigation procedures are applicable; Interest disputes have nothing to do with legal issues, so they are considered not to be within the scope of judicial settlement, and are mainly resolved through consultation or mediation between the two parties.

Contact: Interest disputes often show that one or both parties put forward new ideas, with the aim of making one or both parties' interests confirmed by contract or law, thus rising to rights.

Verb (abbreviation for verb) questions and answers

1. Labor law is the sum total of legal norms regulating labor relations and other social relations arising from the realization of labor relations. In China's socialist legal system, labor law is an important and independent legal department. Any social form must combine the labor force with the means of production in order to produce. If the labor force and the means of production belong to the same owner, these two factors of production can be directly combined in the hands of their owners for production. If the labor force and the means of production belong to different owners, it will appear under certain conditions, and the owner of the labor force will transfer the right to control and use the labor force to realize the combination of the labor force and the means of production, and the resulting social relations need legal adjustment. Under the circumstance that legislators pay attention to protecting workers, adjusting labor relations has produced modern labor law.

2. In our country, the reform of labor system and social security system makes the state organs no longer directly manage the enterprise labor force. State organs shift the focus of their direct management to both ends of labor relations, taking social relations generated before and after the establishment of labor relations as the main scope, that is, taking social labor as the management object. With the gradual aggravation of social labor management tasks, the labor administrative organs authorize labor employment service agencies, vocational skill appraisal agencies, social insurance management agencies, labor safety and health supervision agencies, etc. Engaged in some social labor management service tasks. The characteristics of these intermediaries are different from ordinary intermediaries: (1) These services are exclusive, and most of them are not allowed to be engaged by other intermediaries; (2) Some services are compulsory under certain conditions, such as recruitment registration, termination of registration and payment of social insurance premiums; (3) Under certain conditions, some services will appear in the name of the national administrative department, such as issuing professional qualification certificates. It can be seen that these intermediary services have certain management characteristics, and the work undertaken by these institutions is often an organic part of the whole labor administration. Therefore, these institutions are generally public institutions, with no profit or no profit as the main purpose, and are strictly managed by the labor administrative department.

Sixth, case questions

1. Article 17 of the Labor Law stipulates that the conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus through consultation. It is also a breach of contract for an enterprise to change its post without Li's consent during the performance of the labor contract, which violates the provisions of the Labor Law.

2. Article 50 of the Labor Law stipulates that the wages shall be paid to the workers themselves on a monthly basis in the form of currency, and the wages of the workers shall not be deducted or delayed without reason. Regardless of Li's opposition, the enterprise forcibly deducted wages on the grounds of raising funds, which has constituted the act of deducting wages. Therefore, the enterprise pays back the wages in full.

3. Article 32 of the Labor Law stipulates that if the employer fails to pay labor remuneration as agreed in the labor contract, the employee may notify the employer to terminate the labor contract at any time. If an enterprise violates the contract by deducting wages, the laborer has the right to terminate the labor contract.

4. Article 68 of the Labor Law stipulates that workers engaged in technical jobs must receive training before taking up their posts. The training of Li by enterprises is an obligation stipulated in the Labor Law. Li Yin enterprises deduct wages and terminate labor contracts in breach of contract. This is his legitimate right to exercise, and he should not be required to bear the training expenses.

Test three

Fill in the questions first (65438+ 0 points per grid, 8 points in total)

1. Wages shall be paid to the workers themselves on a monthly basis in the form of currency. Not _ _ or _ _ workers' wages.

2. Underage workers refer to workers who have reached the age of _ _ but have not reached the age of _ _.

3. Employment refers to citizens with _ _ _ _ _ and _ _ _ _ _

4. The laborer shall notify the employer in writing _ _ days in advance when canceling the labor contract.

5, the state implements special labor protection for _ _ workers and _ _ workers.

Second, the noun explanation (4 points for each question, a total of 12 points)

1, labor standard method.

2. Employer.

3. Social insurance fund.

Iii. Point out the differences and connections between the following concepts (5 points for each question, total 10)

1, personal labor relations, collective labour relations

2. Termination and rescission of the labor contract

Four, judge the following questions, and explain the reasons (5 points for each question, a total of 20 points)

1. The labor laws and regulations in the primitive accumulation period of capitalism are the beginning of labor legislation. ( )

2. Women enjoy equal employment rights with men. When employing employees, the employing unit shall not refuse to employ women or raise the employment standards for women on the grounds of gender, except for jobs or posts that it considers unsuitable for women. ( )

3. The change of both parties to the labor contract at the same time means that the original contractual relationship is eliminated. ( )

4. Factual labor relations are invalid labor relations. ( )

Five, short answer questions (8 points per question, a total of 32 points)

1, what is the principle of labor law? What role does it play in the adjustment of labor relations

2. What is the meaning of the labor administrative management system? What is its relationship with the labor administrative department?

3. What is the minimum wage? What is the basis for determining and adjusting the minimum wage?

4. What are the similarities and differences between trade union legal persons and other legal persons stipulated in civil law?

Six, the case (18 points)

Wang Yu/KLOC-0 was hired by an enterprise in August, 1994 and signed a three-year labor contract. 1August 1995, the enterprise dismissed Wang for 28 consecutive days, which seriously violated labor discipline. At the same time, it issued a withdrawal slip. Wang refused to accept, and appealed to the local labor dispute arbitration committee to maintain labor relations. After investigation, the Arbitration Commission confirmed that Wang was indeed late and left early since he entered the factory. In the last six months, he often failed to meet the quota, and/kloc-0 left his job for 28 days without authorization in May 1995. At the same time, in the investigation, many employees also heard that Wang was mentally abnormal, so they entrusted the local labor ability appraisal department to make an appraisal to confirm that Wang was suffering from schizophrenia. In the process of arbitration, the enterprise requires that the reason for resignation be changed to "not meeting the employment conditions". Please answer according to the labor law: (1) Is the enterprise's handling correct? Why? (2) Should the Arbitration Commission accept the enterprise's request to change the reason for quitting the meeting? Why? (3) How should this case be decided? (4) What should the enterprise do after the arbitration commission makes an award?

The answer to question three

First, fill in the questions.

1, deduction, unreasonable arrears 2, 16, 18 3, labor ability, employment desire, 430 written 5, female, underage

Second, the noun explanation

1, the benchmark refers to the minimum measures and requirements stipulated to ensure the minimum labor remuneration and working conditions of workers. Labor standards law is the general name of legal norms related to the minimum standards of labor remuneration and working conditions. The employing unit may be superior to, but not lower than, the standards stipulated in the benchmark law. The standards stipulated in collective contracts, labor contracts and labor rules (factory rules and regulations) do not meet the labor standards stipulated by the state and have no legal effect.

2. The employing unit is another subject of the labor legal relationship corresponding to the laborer, and it is also a specific concept of China's labor law. It refers to a labor organization that recruits and manages workers according to law, forms labor relations and pays labor remuneration. When adjusting labor relations, the labor law gives the employer the qualification of labor user. Only when the employer obtains the legal qualification to control a certain property can it further obtain the qualification to control the labor force and become the subject of labor legal relations.

3. Social insurance fund is the fund raised by the state for holding social insurance undertakings, which is used to pay the insurance benefits and allowances enjoyed by workers due to temporary or permanent loss of working ability or working opportunities. The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Third, the concept comparison

1. Difference: (1) The parties are different. Individual labor relations refer to the relationship between individual workers and employers; Collective labor relations are the relations between workers and employers represented by workers' groups. (2) The content is different. The individual labor relationship is the relationship between individual workers and employers when they use their labor ability to realize the labor process; Collective labour relations is the expression of laborers' will through laborers' groups, which involves all the contents of labor relations.

Connection: The emergence of collective labour relations helps to overcome the inherent imbalance of individual labor relations.

2. Difference: (1) The termination conditions of the labor contract are stipulated, and the termination conditions of the labor contract are legal. (2) The termination of the labor contract is the normal termination of the labor contract relationship, and the dissolution of the labor contract is the early elimination of the labor contract relationship. Contact information: The termination and dissolution of the labor contract will lead to the elimination of labor relations.

Fourth, analysis questions

1, the "factory law" in the period of (non-) capitalist free competition is the beginning of the labor law.

2. The (non-) employing unit shall not refuse to employ women or raise the employment standards for women on the grounds of gender, except for jobs or posts that are not suitable for women as stipulated by the state.

3. (Yes) The change of labor legal relationship does not include the change of laborer's subject, which is determined by the personal nature contained in labor legal relationship. If the laborer changes, it means that the original legal relationship has been eliminated and a new labor legal relationship has been established. Both parties' subjects change at the same time, and the original contractual relationship is eliminated due to the change of workers.

4. A labor contract concluded by fraud or threat in violation of laws and administrative regulations is invalid. An invalid labor contract is not legally binding from the time it is concluded. Factual labor relationship refers to a state in which there is neither a labor contract nor a labor relationship between the employer and the employee. Except for the labor relations arising from the parties' performance of invalid labor contracts, it is usually due to the failure to renew or terminate the contracts after their expiration, and the resulting labor relations should not be simply denied.

Verb (abbreviation for verb) questions and answers

1, the principle of labor law is the reflection of social labor relations, and it is adapted to the nature and inherent laws of labor relations. It reflects the qualitative stability of social labor relations. As the standard of establishing labor law norms, the principle of labor law plays a guiding and cohesive role in the labor law system. As the basis of dealing with labor problems, the principle of labor law plays a stable and continuous role between labor laws and regulations in different periods. As the symbol of departmental law, the principle of labor law plays a comparative and different role among different departmental laws.

2. According to the international understanding, the labor administrative management system refers to all public administrative institutions responsible for labor administrative management and any public institution organization that coordinates the activities of such institutions, negotiates with employers and workers and their organizations, and makes them participate in management. In China, the "labor administrative management system" is mainly composed of state organs and some intermediaries authorized by state organs. As the main body of labor administrative legal relationship, state organs are determined by their responsibilities, and labor administrative departments play an important role in the labor administrative management system.

3. The minimum wage standard refers to the minimum wage expressed by unit labor time. To determine and adjust the minimum wage standard, we should comprehensively refer to five factors: (1) the minimum living expenses of the workers themselves and the average dependent population; (2) the average social wage level; (3) labor productivity; (4) Employment status; (5) The difference of economic development level among regions. The minimum wage calculated according to these five factors should be higher than the local social relief and unemployment insurance standards and lower than the average wage.

4. On the one hand, China defines the trade union legal person as a social group legal person, which shows that the trade union legal person has the general characteristics of an enterprise legal person, and the provisions of the General Principles of Civil Law also apply to the trade union legal person; ; On the other hand, the Trade Union Law stipulates the qualification of legal person in a special clause, which shows that the trade union legal person also has the characteristics different from other legal person groups. Among the functions of maintenance, participation and education, the maintenance function is the most basic function after all.

Sixth, case questions

1, the enterprise's handling is incorrect. Deleting posts is a way to deal with employees' violation of discipline due to mistakes. Wang's reason for going to work in the future is illness, not fault, so he should not be required to bear disciplinary responsibility and should not be dealt with according to the Regulations on Rewards and Punishment for Enterprise Employees.

2. If the enterprise requests to change the reasons for withdrawal, the Arbitration Commission will not accept it. From the analysis of arbitration procedure, the claim does not meet the requirements of counterclaim; Enterprises should not be allowed to change their decisions after entering arbitration. From the analysis of the contents of the case, "not meeting the employment conditions" can only be put forward during the probation period, which should not exceed six months at the longest, and the labor relationship in this case has been maintained for one year, which has exceeded the probation period.

3. The Arbitration Commission shall decide to cancel the delisting decision of the enterprise and support the appeal.

4. After the labor relationship is restored, the enterprise shall let Wang actively treat the disease within the prescribed medical period.

Test question 4

Fill in the questions first (each grid 1 point, total 10 point)

1, the labor law is the sum of the legal norms regulating _ _ _ _ and _ _ _ _ _ _.

2. Unemployment refers to citizens who have reached the legal age and _ _ _ people and _ _ _ people have failed to achieve employment. Unemployment is a concept corresponding to that of employment.

3. Vocational training refers to _ _ _ _ and _ _ _ _ intellectual development activities aimed at cultivating and improving the vocational ability that directly meets the needs of economic and social development.

4. The labor contract shall be terminated under any of the following circumstances.

5. In our country, the minimum wage refers to the minimum labor remuneration that the employer should pay according to law after the laborer has provided _ _ _ _ _ _.

Second, judge the following questions and explain the reasons (5 points for each question, 20 points in total).

1. If a worker terminates the labor contract, he shall notify the employer in writing 30 days in advance.

2. The social insurance system ensures that workers get material help in cases of old age, illness, work injury, unemployment and maternity. ( )

3, the employer has the right to formulate labor rules and regulations, the administrative department should not interfere. ( )

4, the employer due to