题干

张某与某企业签订了为期5年的劳动合同。在劳动合同履行过程中,企业未与张某协商,单方决定改变了张某的工作岗位。张某不同意企业的决定,并以不上班来抵制。后来企业以张某连续旷工两周为由要求解除与其订立的劳动合同。

运用劳动合同的知识分析张某和企业的行为。


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答案(点此获取答案解析)

(1)劳动合同一旦由双方当事人签字盖章,即对双方形成约束力,双方当事人应当依法履行,不得随意变更。(2)用人单位一旦与劳动者签订劳动合同,就必须按照合同约定履行对劳动者的各项义务,不得随意变更或解除劳动合同。企业未与张某协商,单方决定改变了张某的工作岗位,违反平等自愿、协商一致、诚实信用的原则。(3)张某与用人单位签订了劳动合同,就必须遵守用人单位的各项规章制度。张某以不上班来抵制的做法也是不对的,应当通过合法途径维权

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    One afternoon last week, I saw three tearful children from my son's school being comforted by teachers. That morning, my 11-year-old had stomach pains, retching(干呕)into a bowl. Talking to other mothers later, I heard about other children with stomachache or difficulty sleeping the night before.

What caused so much pain? Sports day. Sports day might be necessary at a highly-competitive independent school, but not at a village primary school. For the children who can fly like the wind, sports day causes no problem. For those who are overweight or just not good at sport, it is a nightmare(噩梦). Even for those who enjoy running but fall halfway down the track in front of the entire school and their parents, it can prove a disaster.

    Why do we put our children through this annual suffering? Some may say competition is character building; or it's taking part, not winning, that's important; or that it is a tradition of school life. I just felt great pity for those children in tears or in pain.

    Team games at the end of sports day produced some close races, wild enthusiasm, lots of shouting—and were fun to watch. More importantly, the children who were not so fast or quick at passing the ball were hidden a little from everyone's eyes. Some of them also had the thrill of being on the winning side.

    I wish that sports day could be abandoned and replaced with some other less-competitive event. Perhaps an afternoon of team games, with a few races for those who want them, would be less stressful for the children and a lot more fun to watch.