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On Legal System For Protecting The Rights And Interests Of Workers In Mergers And Acquisitions

Posted on:2015-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:J H ZhouFull Text:PDF
GTID:2296330434957252Subject:Law
Abstract/Summary:PDF Full Text Request
At the present, China’s economic system reform is get deepening. Itwill inevitably push our economic transformation and industrialstructure adjustment. Merger and acquisition of enterprises is one of theapproach of economic transformation and industrial structureadjustment. So, Different forms of mergers and acquisitions willbecome a active trend on the stage of our market-oriented economy.Merger and acquisition of enterprises implicates to benefit ofmultipartite subject, including investors, laborers, creditors,even thegovernment. In these subjects, the interests of workers is vulnerable andmost likely to be infringed. Because at the present stage, laborresources in China is extremely rich and over-supply. Enterprises oftenuse this point to ignore the interests of workers intentionally oraccidentally in mergers and acquisitions. In other side, China’s legalprotection system of rights and interests of the workers in enterprises M&A has many imperfections, resulting in rights of workers inenterprises M&A can not be timely maintained. China’s social securitysystem is not so perfect that when the workers are unemployment in theM&A they cannot survival without economic sources. If things go onlike this, it will inevitably lead to the intensification of socialcontradictions, affect social stability and economic development, is notconducive to social justice and efficiency.Comprehensive induction, the method of literature review andcomparative analysis are applied in this paper. First of all, it arrangesand analyzes the labor law of our country,which protect the laborers’rights and interests in M&A, pointing out that China’s law on theprotection of the rights and interests of laborers is short in M&A. Suchas the law of labor which provide workers’ right to know and participatein M&A is not perfect enough. It did not reflect the law’s public natureon labor protection--mandatory. Secondly, introduce some advancedlegal system for protecting the rights and interests of workers inmergers and acquisitions of developed countries such as Germany, theUSA and Japan, focusing on analyzing the legal system which will helpChina to improve workers’ rights protection system in mergers andacquisitions. Finally, put forward proposals to improve the protection oflabor rights in mergers and acquisitions in China from the institutionalaspects: to increase the legal liability of labor law in legislation; toimprove the status of the trade unions in enterprises and the societyfrom the legislative level; to strengthen the social security systemlegislation etc..
Keywords/Search Tags:Mergers and Acquisitions, Labor rights, Legal system
PDF Full Text Request
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