The Research On Workers’ Rights Protection In Business Transfer

Business transfer is an activity for certain business purposes. The objective sense of business is transferred as an organic organization by signing the contract. The workers’ rights protection in business transfer is not only for workers, but also have an important significance for corporate and social. It is conducive to workers clear the interests they have. It is conducive to ensure the efficiency of business transactions. It is conducive to the stability of the social and economic order. In order to protect the rights of workers in the business transfer, it is necessary to follow the principle of comprehensive protection, the principle of promoting the business, the principle of social security and the principle of legal protection.The main workers’rights in business transfer include the information right, participation right, labor right and claims. The information right is the basis of other rights which workers will have in business transfer. The participation right has some impact on the decision of business transfer. At the same time, it plays a supervisory role in the implementation of the decisions of business transfer. It is called individual labor right exercised by the individual workers, and called by trade collective labor right exercised by the unions. The staff claims have strong personal property. And it is one of the best means of protecting the workers’rights to recognize the priority status of the staff claims.Business transfer mechanism of the protection of the rights and interests of workers, mainly including internal protection mechanisms, administrative protection mechanisms, judicial protection mechanisms and social protection mechanisms. The internal protection mechanisms, including the protection of individual workers, the protection of the decision-making body, the oversight body’s protection, as well as the independent directors and the protection of trade union organization.Our existing legal norms of protecting the workers’rights in the business transfer, which is far from to meet real needs. And some provision itself also have problematic. We need to improve the regulation of content and strengthen the administrative enforcement. Improving the judicial performance enables the judiciary to protect the workers’rights in the business transfer by making better use of legal norms. We should mobilize the forces of social, exert the supervision of community, increase the protection of unions and establish the social insurance mechanism.