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Research On The Protection Of The Rights And Interests Of Workers In The Enterprise Merger And Acquisition In China

Posted on:2017-10-28Degree:MasterType:Thesis
Country:ChinaCandidate:M Y MaFull Text:PDF
GTID:2336330512475676Subject:Economic Law
Abstract/Summary:PDF Full Text Request
M&A is the merger and acquisition between enterprises.Mergers and acquisitions is the inevitable choice for enterprises to face fierce competition,but the result of M&A is involved in the interests of multiple parties,but the most incompetent in the M&A is the worker side.In China,there are relatively few researches on the protection of laborers ’rights and interests in M&A,which is different from other writings and literatures.It is to discuss and analyze the protection of laborers’ rights and interests under the framework of specific legal provisions and legal perfection.,Extends the protection of laborers’ rights and interests to the system and reality level of M&A.The first part mainly introduces the definition of M&A and the labor right and the theoretical basis and significance of the protection of laborers’ rights and interests in M&A.And summarizes the existing concepts of M&A and labor rights of workers.Through the analysis of the theoretical foundation of the protection of laborers’ rights and interests in M&A,the significance of protecting the rights and interests of laborers in M&A is emphasized.The second part is about the legal provisions of the protection of laborers’rights and interests in the M&A of our country and the problems existing in the system.This paper mainly discusses the legal protection of laborers ’rights and interests,the legal system of protection of workers’ right to know and the protection of participation rights,the legal system of inheritance of labor contract and the legal system of labor contract.At the same time,Practical problems in-depth analysis.I believe that the existing legal provisions to explore the existing problems,so that the way to solve this problem more closely.In the third part,the author analyzes the legal provisions and enlightenment of the protection of laborers’ rights in the process of M&A.This paper mainly explores the current laws and regulations on the protection of laborers’ rights and interests in Germany,Japan and the United States in the process of M&A,and finds out the legal protection of laborers in M&A in China through the comparison of relevant domestic and foreign legal systems.Such as defining the definition and scope of corporate habits and corporate commitments,determining the rationality of dismissal of employees,and improving the system of independent trade union autonomy.The fourth part is the suggestion of perfecting laws and regulations of laborers’rights and interests protection in M&A of our country.This part mainly focuses on the construction of the existing problems put forward targeted recommendations.It focuses on perfecting the system of workers ’right to know and participating in M&A,perfecting the specific provisions of labor contracts,optimizing the specific provisions of labor contracts,and perfecting the system of trade unions and workers’congresses in M&A.The innovation of this paper lies in the analysis of the problem of the protection of laborers’ rights and interests in the process of M&A,but also from the microcosmic level to analyze the relevant content.This paper puts forward some suggestions on legislation,supervision and focus from the perspectives of comparative analysis and foreign laws and regulations on the protection of laborers’rights in M&A.This paper puts forward the corresponding countermeasures and suggestions on the legal issues related to M&A in the practice of our country at present.Through the research on the protection of laborers’ rights and interests in M&A of domestic enterprises,we hope to inspire the research on relevant laws and regulations in China,to regulate the laws and regulations,and to provide practical suggestions in practice.Of the protection of workers in the enterprise M&A rights.
Keywords/Search Tags:enterprise merger and acquisition, labor rights protection, participation right, right to know, labor contract termination
PDF Full Text Request
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