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Let’s work on Questions 10-20 from the 2015 First-Class Constructor Examination, multiple-choice questions 38-39 on Laws and Regulations

2015-10-18View Original

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I’ve gathered some questions from this year’s first-level constructor exam, along with their answers. I’m sharing them here to boost everyone’s interest in participating. Instead of posting them all at once, I’ll provide five multiple-choice questions or one case study at a time, with the answers hidden. The answer will be visible after responding. Everyone is welcome to participate; those who give correct answers will receive a reward from the moderator. ****************************************** 38. When a party has objections to the expert opinion issued by the appraisal agency appointed by the people’s court and requests a re-appraisal, the evidence presented by that party should lead the people’s court to approve such a re-appraisal. A. The parties are dissatisfied with the expert appraiser. B. There are minor flaws in the appraisal procedure. C. The appraisal conclusion has defects. D. The appraisal conclusion is clearly based on insufficient evidence. 【Construction Project Laws – Answer】D 【Construction Project Laws – Explanation of Answers】If the parties have objections to the appraisal conclusion issued by the appraisal agency appointed by the people’s court and request a re-appraisal, the people’s court shall grant such a request if one of the following circumstances exists regarding the evidence presented: (1) The appraisal agency or the expert appraiser does not possess the necessary qualifications for conducting the appraisal ; 23 Construction Engineer Network Reminder (2): The appraisal procedure is seriously illegal ; (3) The expert conclusion is clearly based on insufficient evidence ; (4) Other circumstances in which, upon verification, it is determined that they cannot be used as evidence. For defective appraisal conclusions that can be resolved through supplementary appraisals, re-evaluation of evidence, or additional verification, a new appraisal will not be conducted. 39. Among the employees of the following construction company, who has the right to request the company to enter into an open-ended labor contract? A. Zhang, who has worked at the company continuously for 8 years. B. Wang, who has been working at the company for 2 years and was appointed as general manager by the board of directors. C. Zhao, who has worked at the company for a total of 10 years but has taken time off from work during that period. D. Li, who has entered into two fixed-term labor contracts with the company in succession, but is unable to perform his original job due to an injury sustained at work. 【Construction Project Laws – Answer】D 【Construction Project Laws – Explanation of Answers】This question examines the basic terms of labor contracts, the matters that need to be considered when concluding labor contracts, and collective contracts. (1) The worker has worked continuously for that employer for 10 years ; (2) When an employer introduces the labor contract system for the first time or renews labor contracts as part of the restructuring of a state-owned enterprise, and the employee has worked continuously for that employer for 10 years and is less than 10 years away from the legal retirement age ; (3) When two fixed-term labor contracts are concluded consecutively, and the employee does not fall under the circumstances specified in Articles 39 and 40, Items 1 and 2 of the Labor Contract Law, the labor contract is renewed. The third scenario is that if the employer fails to enter into a written labor contract with the employee one year after the start of employment, it is deemed that an open-ended labor contract has been established between the employer and the employee. 23 Construction Engineer Network reminds you to refer to page P139 of the textbook.
Reply #22015-10-18
D. Those whose identification conclusions are clearly lacking in supporting evidence; D. Li, who has entered into two fixed-term labor contracts with the company in succession but is unable to perform his original job due to an injury sustained at work
Reply #32015-10-18
38. When a party objects to the expert opinion issued by the appraisal institution appointed by the people’s court and applies for a re-appraisal, the evidence presented by that party shall justify the people’s court in granting the re-appraisal. A. The party is dissatisfied with the expert. B. There are minor flaws in the appraisal procedure. C. The appraisal conclusion has defects. D. The appraisal conclusion is clearly based on insufficient evidence. Answer: D. 39. Which of the employees of a construction company is entitled to request that the company enter into an open-ended employment contract? A. Zhang, who has worked at the company for 8 consecutive years. B. Wang, who has been working at the company for 2 years and was appointed as general manager by the board of directors. C. Zhao, who has worked at the company for a total of 10 years but has taken time off from work during that period. D. Li, who has entered into two fixed-term labor contracts with the company in succession but is unable to perform his original job due to an injury sustained at work. Choose D
Reply #42015-10-18
38, D. ---39, D. -------------------------------------
Reply #52015-10-18
38. When a party disputes the expert opinion issued by the appraisal institution appointed by the people’s court and applies for a re-appraisal, if the evidence presented proves (D), the people’s court shall grant the re-appraisal. A. The party is dissatisfied with the expert. B. There are minor flaws in the appraisal procedure. C. The appraisal conclusions are flawed. D. The appraisal conclusions lack sufficient basis. 39. Which of the employees of a construction company is entitled to request that the company enter into an open-ended employment contract? (D) A. Zhang, who has worked at the company for 8 consecutive years. B. Wang, who has been working at the company for 2 years and was appointed as general manager by the board of directors. C. Zhao, who has worked at the company for a total of 10 years but has taken time off from work during that period. D. Li, who has entered into two fixed-term labor contracts with the company, but is unable to perform his original job due to an injury sustained at work
Reply #62015-10-18
38. When a party disputes the expert opinion issued by the appraisal institution appointed by the people’s court and applies for a re-appraisal, if the evidence presented proves (D), the people’s court shall grant the re-appraisal. A. The party is dissatisfied with the expert. B. There are minor flaws in the appraisal procedure. C. The appraisal conclusions are flawed. D. The appraisal conclusions lack sufficient basis. 39. Which of the employees of a construction company is entitled to request that the company enter into an open-ended employment contract? (D) A. Zhang, who has worked at the company for 8 consecutive years. B. Wang, who has been working at the company for 2 years and was appointed as general manager by the board of directors. C. Zhao, who has worked at the company for a total of 10 years but has taken time off from work during that period. D. Li, who has entered into two fixed-term labor contracts with the company, but is unable to perform his original job due to an injury sustained at work
Reply #72015-10-18
38. When a party objects to the expert opinion issued by the appraisal institution appointed by the people’s court and applies for a re-appraisal, the evidence presented by that party shall justify the people’s court in granting the re-appraisal. C. The expert conclusion is flawed. D. The expert conclusion lacks sufficient basis
Reply #82015-10-18
39. Among the employees of the following construction company, who has the right to request the company to enter into an open-ended labor contract? C. Zhao, who has worked at the company for a total of 10 years but took time off during that period
Reply #92015-10-18
38:39:D. . . . . . . . . . . .
Reply #102015-10-18
D,D..........................

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