On The Protection Of Right Of Labor In The Mergers And Acquisitions

In recent years, it becomes increasingly common phenomenon of enterprises merger, separation, investment, and acquisition. The change of employers will cause significant influence on labor relations, induce modification and termination of labor contract, thus labor disputes occur. Laborer is the relatively weaker party in labor relations, how to exercise his/her rights and protect legal rights and interests in the midst of enterprise merger & acquisition is an important topic for many laborers. China's current legislation and legal theory researches pay more attention on the rights and obligations of corporation merger & acquisition, while ignore the protection of the rights and interests of the laborers in the course of merger & acquisition. This paper proceeds from the protection of laborers' rights and interests in the merger and acquisition of enterprises, sorts out the laborers' rights and interests during the process. Meanwhile, by analyzing content and the problem of the labor rights protection system during enterprise merger and acquisition, it therefore puts forward some measures to improve the protection of laborers' rights and interests in the merger & acquisition of enterprises.Articles in the following several parts:First chapter, this chapter first defines the enterprise mergers and acquisitions, laborer labor rights related concept, then analyze the principle of protection of laborers' right sin the M&A, namely adhere to the principle of legality and rationality binding.The second chapter, this chapter mainly explores in the process of mergers and acquisitions are violations of labor rights. Rights of laborers are classified according to the rights of sever labor relation and the rights of not terminate the labor relation.The third chapter, this chapter mainly introduced the legal system of the protection of workers in mergers and acquisitions,including the system of workers,the protection against dismissal system, and improving the social security system. The author discusses our country enterprise mergers and acquisitions in the labor rights protection problems.The fourth chapter it analyzes the experience of the protection of workers in mergers and acquisitions abroad by the way of compare. we can get inspired from it.The fifth chapter, this chapter mainly deficiency of m&a in our country, perfect the legislation and improve the justice and strict law enforcement and other proposals and suggestions are put forward.