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Labor Contract Inherit In Enterprise's Reorganization

Posted on:2011-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhangFull Text:PDF
GTID:2166360305475989Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Enterprise's reorganization is one of the main forms of intensification, scale development and enhanceing the market competitiveness. From the existing legal provisions and theoretical study, enterprise's reorganization can be divided into six categories: the change in forms of organization, debt restructuring, stock acquisition, asset acquisition, merge, discrete. Different types of enterprise's reorganization have different effects on labor contract. During the process of enterprise's reorganization, the labor rights may be hurted. As an effective system of protecting labor rights , labor contract inherit has many problems currently. Although the Labor Contract Law has a special provision about labor contract inherit. But it is too strict for employers and employees to select. And because the procision of the labor contract law is too simple and principled, also did not consider the special circumstances , the provision can not effect practically. The relatively perfect provisions about the labor contract inherit of the mainIndustrialized countries and regions over the world are worth learning.Against the ploblem, combinate the world's major industrialized countries'legislative experience, three stages can be formulated to improve the labor contract inherit of the enterprise's reorganization: Short-term goal: improve the relevant legal rules of the labor contract law. Medium-term goal: perfecting the legal system reorganization .Long-term goal: corporate social responsibility and positive interaction of government functions, to achieve a harmonious labor relationship.
Keywords/Search Tags:enterprise's reorganization, labor contract, inherit, labor
PDF Full Text Request
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