On The Legal Protection Of Right Of Labor In The Process Of Merger And Acquisition

As the global integration and the deepening of economic globalization, mergers and acquisitions worldwide spread, as nowadays has become the world’s second largest economy of China, enterprise m&a has become our country economy cannot be ignored in the process of adjusting social resource allocation.However, in mergers and acquisitions, mergers and acquisitions both sides tend to only care about whether transactions are profitable, the one-sided pursue benefit maximization, laborer labor rights ignored a lot of time were affected. Laborer labor rights is not the result of the maintenance will lead to labor relations tension, directly affects the smooth completion of the merger and acquisition, damage the interests of shareholders, which is not conducive to long-term development of enterprises and social labor productivity, contradictory upgrade can even affect the stability of social order and national economic development for a long time. Chinese current legislation and legal theory for enterprise mergers and acquisitions research mainly focus on the mutual rights and obligations and merger and acquisition system, problems of assets, the law regulation in the Stockholders’equity issues, m&a more attention, but once ignored the laborer labor rights protection problems of enterprise mergers and acquisitions.Induction, this paper contrast analysis, theory combined with empirical analysis, case analysis research methods, such as, inductive laborer labor rights infringement form in enterprise m&a and analyze reasons, and labor rights of infringement of the right of workers in mergers and acquisitions, based on the theoretical basis, to explore the protection of laborer labor rights to protect the laborer labor rights at the same time, draw lessons from foreign mergers and acquisitions law, finally summarized our country enterprise mergers and acquisitions in the shape of the laborer labor rights protection, on the basis of put forward to perfect legal measures to protect the laborer labor rights in merger and acquisition. Articles in the following several parts:First chapter, this chapter first defines the enterprise mergers and acquisitions, laborer labor rights related concept, then the laborer labor rights are violated in enterprise m&a, summarized the forms and the reason analysis, and explore in the process of mergers and acquisitions are violations of labor rights. The second chapter, this chapter mainly explore the merger and acquisition related theory and the significance of the laborer labor rights protection, thus the laborer labor rights protection in building enterprise m&a theory and value system.The third chapter, this chapter mainly introduces the foreign mergers and acquisitions in the laborer labor rights protection law, to seek for our reference.The fourth chapter, this chapter mainly discusses our country enterprise mergers and acquisitions in the laborer labor rights protection problems.The fifth chapter, this chapter mainly deficiency of m&a in our country, perfect the legislation and improve the justice and strict law enforcement and other proposals and Suggestions are put forward.