On The Legal Protection Of Employee In The Mergers And Acquisitions

During the process of China's integration into the global market economy, Mergers and acquisitions become increasingly frequent. Whereas, there are still some defects in the legal protection of the workers in Mergers and acquisitions in China, a large number of facts of infringing upon workers'interest occurred. As a result, this paper aims to analyzing the problems and defects in the protection of workers in Mergers and Acquisitions in China by various research methods. In addition, the author gives some suggestions to perfect the legal measures of protection of workers'rights and interests by using the legal provisions and reference of the protection of workers in Mergers and Acquisitions in United Kingdom, United States and Germany for reference.The first part: the overviews of Mergers and Acquisitions and Worker rights. The connotation of merger and acquisition is introduced firstly, which includes enterprise merger, acquisition, the relationship between enterprise merger and acquisition and the implication of Mergers and Acquisitions. Then the complication and content of Worker rights are stated. Finally comes to the the impact of mergers and acquisitions on employees.The second part: the legal basis and significance of protection of workers in Mergers and Acquisitions in China. Here the author indicates the legal basis, that is to say the protection of workers in Mergers and Acquisitions reveals the intervention in labor relations by; it is the requirement of real fair and the development requirements from the modern civil law to the contemporary civil law; it is also the require of social responsibility. In addition, the significance of protection of workers in Mergers and Acquisitions is expounded, namely protecting the interests of the vulnerable workers to attain real fair; achieving the purpose of Mergers and Acquisitions to improve the comprehensive competitiveness of enterprises; and guaranteeing the long-term and stable development of enterprises to build a harmonious society.The third part: the legal provisions and reference of the protection of workers in foreign Mergers and Acquisitions. The legal provisions of the workers'protection in Mergers and Acquisitions in United Kingdom, United States and Germany are stated. Besides, there is also something about the reference in China.The forth part: legal status of the protection of workers in Mergers and Acquisitions in China. Firstly, Legal System of the protection of workers in Mergers and Acquisitions in China is introduced, which covered three aspects: workers have the right to know the Mergers and Acquisitions, and to make suggestions to it; the protection of the workers'right of credit; and the Legal successor of workers'employment contracts. Secondly, the defects and shortcomings of the protection of workers in Mergers and Acquisitions in China is conducted, they are the lack of detailed provisions of workers'democratic rights in Mergers and Acquisitions; the provisions of the workers'Legal successor of labor relations in Mergers and Acquisitions are too simple; and the absence of representative of workers'interests.The fifth part: the perfection of protection of workers in Mergers and Acquisitions in China. The author gives four suggestions of enacting"Mergers and Acquisitions Law", making clear of the democratic rights of workers in Mergers and Acquisitions, perfecting the unionism and the system of workers and staff congress, and improving the social security system.