As one of the important ways of organization restructuring, the company divisioncan improve company’s competitiveness effectively. The company is bound to involvemany parties in the process of company division, especially company employees who aredisadvantaged and rely on the company, their legal rights are more vulnerable to beabused. As a result, Buy-outs, Mass unemployment and Early retirement are often seen inthe newspapers.The reason is that our current laws and regulations are focused on the protection ofshareholders and creditors rights, but ignore the protection of company employees.In this paper, it analyzes the protection of company employees’ rights in the companydivision of China and it points out the problems. Also, it summarized useful experienceavailable for China on the basis of foreign legislation. Accordingly, I believe thatemployment rights,economic compensation, information to gain power and the internalshares are to be protected in the process of company division. So I suggest that weoptimize Labor contracts inherited system, Economic compensation system, Priorityretained system, social responsibility system and internal shareholding system as soon aspossibly. As a result, we can realize the unification of the two roles of business entitiesand employment entities, promote the development of the company and contribute toharmonious society. |