Regulation On Cross-Border M&A With Labor Law

Cross-border M&A, as the main method of FDI, are developing quickly day by day from 1990's, accompanying the economic globalization and the beginning of Information Time. Since the influence of cross-border M&A on labor interests of host countries concerns with many visible and invisible aspects, such as assumed labor contracts, lay-off, discrimination on laborer and cultural conflicts, how to regulate cross-border M&A with labor law, and how to prevent and adjust the negative influence of cross-border M&A on labor interests of host countries, become a topic we must pay our attention on and must study on.This article is titled with"REGULATION ON CROSS-BORDER M&A WITH LABOR LAW, it studies on the protection of labor interests of host countries from the view of labor law. It has a train of thought as"raise question - analyze question - solve question". On the basis of systematic introduction of this topic, it studies the theoretical basis of it,and discusses the issue of assumed labor contracts and the issue of lay-off, and states the current situation and the problems of our country on"regulation on cross-border M&A with labor law", and gives some suggestions at last. The text of this article is divided into four chapters, Chapter One is"SUMMARY". This part introduces the trend and characteristics of cross-border M&A, analyzes the influences on labor interests of host countries. Then it reflects a basic construction of regulation on cross-border M&A with labor law by the concept and characteristics of it, together with current internal law and international cooperation on it. On these bases, it discusses the meaning of the topic.Chapter Two is"THEORETICAL BASIS of REGULATION ON CROSS-BORDER M&A WITH LABOR LAW". This part emphasizes on the theoretical basis of this topic, mainly on two theories– THEORY OF ENTERPRISE'S SOCIAL RESPOSIBILITY and THEORY OF INTEREST RELATED GROUPS, also discusses the restriction to the activities of cross-border M&A by these two theories.Chapter Three is"STUDY OF RELEVANT ISSUES ON REGULATION ON CROSS-BORDER M&A WITH LABOR LAW". This part mainly concerns the issue of assumed labor contracts and the issue of lay-off in the proceeding of cross-border M&A. It analyzes these two issues from both theories and practices, and investigates the detailed regulation of law concerning these two issues in developed countries as UK & U.S.A.Chapter Four is"REGULATION ON CROSS-BORDER M&A WITH LABOR LAW IN P.R.C.". This part introduces the development of cross-border M&A in China and its special influence on Chinese labor interests. It divides the Chinese regulation of this topic into two parts– normal ones and special ones. On these bases, it indicates the main problems in the current system of regulation, and gives some suggestions at last.