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Study On The Inherited System Of The Labor Contract In Cross-border M.&A.

Posted on:2016-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:L TangFull Text:PDF
GTID:2296330461994039Subject:International Law
Abstract/Summary:PDF Full Text Request
Under the global economic slowdown since 2013 in the background, multinational mergers and acquisitions is still alive. Cross-border mergers and acquisitions to become one of corporate globalization strategy,the labor contract system is the corporate successor transnational M & A process is an important legal system. The impact on cross-border M host labor rights involves many tangible and intangible aspects of inherited labor contracts,layoffs,labor discrimination and cultural conflicts. The host country for the balance of the parent companies and their labor rights,in particular dealing with labor contracts inherited in different ways. It is precisely this difference makes the home country labor laws greatly increased business risks in cross-border M & A process may result in the mother country Overseas M & A strategy to failure.In recent years,foreign direct investment of Chinese enterprises began to grow rapidly. With economic strength, more and more Chinese enterprises as an important way to cross-border mergers and acquisitions, "going out". Especially after the financial crisis, the rapid increase in the amount of corporate cross-border mergers and acquisitions. 2014 APEC Leaders’ Meeting, pushing the country "along the way" plan is to make the world’s attention. At the same time, moving contract inherited problem of cross-border mergers and acquisitions has gradually become the focal point of the process. Study of transnational labor contract system in relation to the succession of Chinese enterprises to correctly identify the different national labor contract law of inheritance and effectively avoid risks related to our business success "going out" strategy and "along the way" plan.In the introductory part of this article describes the background and purpose of article writing. The first part of the value of the concept of cross-border mergers and acquisitions in the labor contract inheritance system, characteristics, as well as the nature of the labor contract system of inheritance described. The second part of the cross-border M & A process for outside labor contract system has been inherited extraterritorial inspection. I will inherit transnational merger into forced labor contract inheritance, implied inheritance, generalization and inheritance system, to have the typical institutional representative national comparative studies, and thus to the legal risks of the enterprise are discussed. The third section analyzes the current situation of transnational mergers and acquisitions inheritance system of labor contracts, pointing out at this stage of the labor contract system inherited defects. The fourth part on how to improve cross-border mergers and acquisitions in the labor contract of inheritance system were discussed and tried to put the principles inherited from the labor contract system in terms of content and targeted rationalization proposals.
Keywords/Search Tags:the Inherited System of the Labor Contract, law risks, cross-border M & A
PDF Full Text Request
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