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刘某应聘到湖南饭店做厨师,双方于2009年1月签订了劳动合同。合同中约定试用期为1年,试用期间包食宿,不支付工资,不为刘某缴纳社会保险费用,试用期满进行考试,若考试不合格则不予录用,合格则录用为正式员工,每月工资2000元。湖南饭店称由于是餐饮行业,为食品安全卫生考虑,刘某必须穿饭店统一发放的制服,每套制服向刘某收200元,并为防止刘某到饭店偷艺,向刘某收取5000元押金。刘某在饭店工作半年,厨艺大长,暗中与旺旺酒店接洽,旺旺酒店同意只要刘某从湖南饭店辞职,即聘用刘某。刘某通知湖南饭店自己要辞职,湖南饭店同意,但是要扣除刘某的押金,刘某不同意。
根据上述情况,请回答下列问题:
有关本案中湖南饭店与刘某所签劳动合同,下列说法正确的有:
D.合同无效,但刘某有权要求湖南饭店支付共计1万元的工资

A.合同系刘某与湖南饭店协商一致达成,双方应履行该合同
B.试用期期间不支付工资的约定无效,刘某有权要求湖南饭店向自己支付共计1万元的工资
C.试用期期间的约定无效,视为没有约定试用期

【参考答案】

BC
解析:《劳动合同法》第19条第4款规定,劳动合同仅约定试用期的,试用期不成立,该期限为劳动合同期限。所以B......

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