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The Legal Regulation Of Collective Labor Disputes In The Process Of Enterprises’ Merger And Acquisition

Posted on:2017-06-30Degree:MasterType:Thesis
Country:ChinaCandidate:C F HuFull Text:PDF
GTID:2346330485998070Subject:Economic Law
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Chinese and foreign experience shows that,enterprise mergers and acquisitions(M&A) will have a negative impact to the rights and interests of the takeover enterprise workers(employees) in different extent, easy to cause intense labor conflicts. In recent years, The collective action such as the workers on strike to boycott the enterprise M&A happened frequently in our country,how to effective legal adjustment of the collective labor dispute caused by M&A, to realize the rule of law governance, has become an important problem of labor law. Such labor dispute, although in unity, integration capability, organizational aspects may be weaker than traditional in the sense of collective labor dispute, but as the workers in the process of dispute appeared gradually clear collective will and organization, so it from the group into the collective, therefore, this article defines it as "collective labor dispute". The main research methods of this paper are case analysis(empirical research), comparative analysis, Normative Analysis(Legislative theory method).Through the observation of this kind of collective labor disputes which have a larger social influence in recent years, with the laborers, enterprises and government behavior are analyzed, this paper takes the attitude that workers for the purpose to safeguard their own rights and interests, to take collective action such as spontaneous strike is outside the system of relief, but belong to solve the contradictions of the labor normal market behavior; And found that enterprises in the process of M&A are not only deprived of laborer’s right to know and participate, massive layoffs, but also brushed aside, pressing demands put forward by the workers; And the government in dealing with this kind of collective labor dispute, has not been the appropriate roles. On the basis of discussing and summarizing the behavior of them, his paper sums up that, collective labor dispute in M&A, compared with the general collective labor dispute, has the following characteristics: controversy erupted time be more specific, the demand of laborer be more diverse, and dispute processing be more difficult.After combing the status of collective labor dispute in China M&A, this paper from the aspects of labor concept, legal system, regulatory practice to analyze the causes, and found the subjective reason is that, on the one hand the enterprise regard labor as a purely "physical and chemical factors of production", on the other hand workers’ rights consciousness, group consciousness and the action consciousness are rapidly arising; The objective reasons are these: the relevant legal system lacks of protection of the rights and interests of workers in M&A, and there are problems in the government regulation practice. But the formation of both sides of workers’ and employers’ concept, in addition to closely related to the innate nature of labor relations, also to a great extent by the existing legal system and the government attitude. As a result, the former is surface, while the latter is a deeper reason, to prevent and deal with the collective labor dispute of M&A, should pay more attention to the objective reasons.To prevent the happening of the collective labor dispute in M&A, the core problem is how to safeguard the interests of the workers during the process of M&A. This paper introduces labor contract inherit, fire protection and the industrial common decision system of Germany, Japan and the United States, for to explore the extraterritorial legislation, and learn the experience for our reference.Adapting the collective labor dispute caused by enterprise M&A to legal adjustment, should be from two steps of prevention and treatment. To prevent such dispute occurs, on the one hand, the workers status should be defined(include qualifications and related rights and obligations), and the procedure of laborers to participate in the activities of M&A should be perfected, thus architecture of labor to consultations, negotiations, and implementation of the rights and interests of laborers legal remedy; on the other hand, through perfecting our country’s successor in the labor contract system and economy system of layoffs, and implementing the procedural rules, as far as possible minimize the violation of the rights and interests of laborers in the process of enterprise M&A. When the collective labor dispute happened inevitably, government should actively promote collective dialogue between employers and employees, and build institutionalized mechanism; In addition, in the collective bargaining process, government should pay special attention to economic compensation to the unemployed and the problems such as employment assistance.In this paper, the study found that: in the process of M&A, ignoring workers’ party status, related rights and obligations, and lacking of confirmation of its substantive rights and procedural rights safeguard, are main reasons of such labor disputes occurred frequently in our country and difficult to deal with; The imperfect labor legislation, disconnection between Labor law and Civil law are important reasons; Other countries have a mature policy and institutional system, available for reference in our country. On this basis, this article suggested that, from two aspects: prevention and treatment, improve the relevant legislation.
Keywords/Search Tags:Mergers and acquisitions, collective labor disputes, Legal Regulat ion
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