The Thonseory Of Mergers And Acquisitions In The Legal Protection Of The Rightsand Interests

In recent years, with the economic globalization becoming more and more serious,the word M&A frequently appeared in different information platforms, such as newspapers, TV and Web platforms. M&A as the name suggests,is the enterprise of merger and acquisition. In an increasingly competitive market, merger is good for its survival and development. However, every coin has two sides, merger brings benefits to the company, it also hits the legal rights that enjoyed by the workers, such as workers’right to know the information, to participate in decision-making and so on. Combination of enterprise is not just capital, but also the combination of people.If the enterprise ignored or even violated the legitimate rights and interests of workers in pursuit of profit in the process of merger and acquisition,it will lead the original acquisition goal difficult to achieve, and the harmony and stability of the society will be affected in a certain extent.The market economy of our country appears later than other countries,so there are fewer domestic legal norms relating to corporate mergers and acquisitions that protect the workers’ rights and interests. In contrast, foreign legislation and practice on protection of workers’rights and interests in the merger are more mature than our country, such as the direct successor of the labor contract system, prepared firing system, the protection of workers’right to know and the right to participate in decision-making.They provide useful experience for our country, so we should learn the useful experience from them.In order to protect the rights and interests of workers in M & A, on the one hand, we should learn the foreign legislation and judicial practice experience actively ,on the other hand have to proceed from China’s actual conditions, improve the relevant legislation to strengthen government workers efforts to protect labor rights, improve the mechanism for representing the interests of workers and the social security system, strengthening corporate social responsibility, M & A business in order to fully protect the legitimate rights and interests of workers.