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Protection Of Rights Of Workers On Mergers And Acquisitions

Posted on:2015-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:C S LiuFull Text:PDF
GTID:2296330467472231Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
During the process of China’s integration into the global market economy, mergers and acquisitions become increasingly frequently. The capital was born for pursue the profits, to pursue the maximal profit is the basic principle of the enterprise. In this process, it is difficult for them to avoid hurt labor’s rights, more and more labor disputes happened during merger and acquisition, the trend is diverse and varied. The form of expression of enterprise infringement labor’s rights during the merger and acquisition include remove labor contract and goodwill remove labor contract, the interest demand of the labors include retain the working condition, Seniority buy-outs, ask for the dismissal wage, the strike way was violent affray as well as moderate sabotage. Current legislative and the theoretical research of merger and acquisition of our country was emphasis on the protection of the enterprise, such as the assets of enterprise, the benefit of shareholders, etc. Lack of the protection of the labor’s right of merged enterprise. The existing law of mergers and acquisitions in the contract of labour inheritance was too inflexible, it didn’t cover all of the cases. The labor’s union and workers’ conference can’t take the responsibility of protect workers’rights, the system of dismissal protection is far from perfect. Labor disputes occurs more and more frequently in daily life, lack of legal system make us can’t do our best to protect the labors.Just for this, it is necessary for our country to set up and amplify the labor’s rights protection system during mergers and acquisitions. On drawing upon the experience of other countries and regions, based on China’s national situation, this article give some corresponding solutions, and try to provide some specific proposal. First, it is urgent to improve the right of informed and recommendations of labors during the mergers and acquisitions. Second, the system of labor contract inheritance in Labor Contract Law cannot include all the situations of mergers and acquisitions, equity control and transfer of business should also be incorporated. Third, the labor’s union and workers’conference should provide great protection to the labors, promote the ability of right-safeguarding. Fourth, the government should foster correct guiding ideology, the strong public power should be of great use.At the present time, labour market of our country is still in the situation of oversupply, compare to the enterprise, labors belongs to the disadvantaged groups, highlight the protection of laborers during mergers and acquisitions has great significance on smooth transition, social stability and the long-term development of national economy. The labor’s protection during mergers and acquisitions is also a vast and complex project, besides legal systems,lots of cooperative system also need to be improved.
Keywords/Search Tags:Mergers and acquisitions, Labor rights protection, Right to know and Right to make recommendationsLabor contract inheritance, Dismissal protection
PDF Full Text Request
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