Study On Protection Of The Rights Of Workers In Corporate Separation

The division of a company is an effective means of modern corporate restructuring. Ithas an important role to improve the company management level of specialization andcompany operation efficiency etc. The competition of international, domestic market isbecoming increasingly fierce, the division of a company are becoming more and morefrequent. The legal consequences of the separation of the company is not only to make thecompany personality, assets, rights and obligations of significant change, and will have asignificant impact on the company’s creditors, employees and other stakeholders’ interests,especially in a weak position in the interests of the workers solidarity related. China’slegislation on the division of a company in the protection of the interests of workers is tooprinciple and fuzzy, the lack of operability, leading to the existence of many labor rightsinfringement phenomenon in practice. In this paper, based on domestic and foreignrelevant legislation, mainly from the analysis of corporate division of labor contract,laborer rights and succession regulation of unfair dismissal of the three aspects, proposedour country should perfect the corporate division of the inheriting system of labor contract,the employer agreed limits retained rights; respect for workers’ freedom, given thecompany employee information in certain discrete, obtained the right of objection andeconomic compensation rights; strengthen regulation of unfair dismissal action, to provideeffective protection for workers in corporate separation.