Study On Preventive Mechanism Of Labor-capital Conflicts In Mergers And Acquisitions

With the further development of market economy, mergers and acquisitions asthe main body of market enterprise in order to improve their competitive ability, tomeet the needs of economic development, optimizing the cost effectiveness of animportant way, is becoming more and more widely used. But also the resulting labordisputes occurred frequently, has had a huge impact. This must be an in-depth studyon corporate mergers and acquisitions labor disputes. Through the analysis we foundthat the special situation of M&A of labor-capital conflicts in the enterprise and itsitself has indicated that there are significant differences between it and the generallabor conflicts, these differences include mergers and acquisitions process of laborconflict, several reasons caused to labourers and etc..This difference is also in acertain extent that have the merger of labor-capital conflicts in the large-scale layoffs,holistic treatment of labor and employment relations changes, cultural and tradeconflicts and workers to know the right to produce labor conflict unique forms andimpacts, consequences of irreversible, bursty features.These unique forms andfeatures are that the importance of labor conflict prevention of enterprise M&A.Based on this, we on the status of enterprise merger and acquisition labor conflictanalysis to explore the essence of enterprise M&A of labor-capital conflicts areworkers in the right of getting information, negotiation decision right, obtainremuneration right, labor rights and labor rights allocation of capital powerimbalances caused by factors, unbalanced allocation of labor rights is that employersand the status of the poor the social environment, government management,imbalance and lack of M&A behavior specification.Therefore, must change the labor rights allocation imbalance, eliminating theadverse effects brought by labor conflicts of M&A, in order to protect the legitimaterights and interests of workers, to ensure that enterprises mergers and acquisitionssmoothly, improve the cost effectiveness and stability of the labor relations, it isnecessary to construct the prevention mechanism of labor-capital conflicts in themerger and acquisition of enterprises.In order to achieve this goal, we must analyzethe mechanism of the prevention problem of lack of labor conflicts in mergers andacquisitions, mergers and acquisitions, including specification of enterprisesresettlement workers labor rights protection enterprise merger agreement in terms of norms, lack of workers on the mergers and acquisitions business participation rightstandard and the labor conflict, related standard entity prevention mechanism, andemployee participation, consultation, expression of interest, lack of absorption andemployee incentive mechanism, prevention mechanism.Based on the study ofprevention mechanism, combined with the construction theory of balance of interestsof enterprise merger and acquisition labor conflict prevention mechanism, to find asolution to balance the interests of methodology principle of defects, so as to realizethe labor right balance in enterprise merger and acquisition, and in both sides oflabour and capital position, civil system, for the guarantee of the balance of interestsof government management and standardize the behavior of enterprise merger andacquisition.By the way, in the hope that in order to mergers and acquisitions subject, content,rights, responsibility is the core of the entities and to the system of workerparticipation, consultation system, benefit expression mechanism, enterprise mergerabsorption employee incentive mechanism is the core of the whole constructionprocedure of enterprise merger and acquisition labor conflict prevention mechanism,realize the balance of interests of the enterprise M&A labor-management conflictprevention mechanism, in order to achieve the purpose of effectively prevent theenterprise mergers and acquisitions labor disputes.