Research On The Protection Of Laborers' Rights And Interests In M&A

The global economic linkage phenomenon is obvious, the domestic and foreign enterprises layout changes, more and more local enterprises choose to merger other domestic and foreign enterprises to grow their own strength, take advantage of resources,enhance the right to speak. Mergers and acquisitions involving all aspects of the enterprise, workers as an important resource for enterprises, mergers and acquisitions will have a profound impact on the rights and interests of workers .Mergers and acquisitions produced late in China ,the legislation in protecting labor rights in mergers and acquisitions is lack, this article through elaborating the theory of mergers and acquisitions, analyze the legislation in protecting labor rights in mergers and acquisitions, and draw lessons from Germany, the United States, Japan, put forward four aspects of the proposal, hoping to protect the interests of workers in mergers and acquisitions of China.This paper is divided into four parts, the first part introduces the basic concepts and theories involved in the protection of workers rights and interests in mergers and acquisitions. In this part, author firstly elaborate the concept of labor rights and mergers and acquisitions.secondly, analyze the impact of mergers and acquisitions on workers,finally introduces the theory behind the rights and interests of workers in mergers and acquisitions. In the second part, through the introduction of foreign law in protecting labor rights and find place we worth to learn. The third part is mainly analyzes the current situation and defects of protecting laborers' rights and interests in the merger and acquisition from workers' right to know, labor contract inheritance,regulations of dismissal. Through the above analysis ,find advice to improve the protection of laborers' rights and interests of mergers and acquisitions in China. In this section ,the author puts forward four proposals to solve the problems in protection of laborers' rights and interests include: improving employee participate in enterprise mergers and acquisitions, and improve the labor contract in procedures and entities inherited system , try stratified dismissal system to balance labor relations and strengthen the government participate in enterprise merger and acquisition.In summary, the legislation in protecting workers rights and interests in our country enterprise merger still has some imperfect place, which requires us to carefully analyze the rights and interests of the workers involved in mergers and acquisitions and design specific system to solve the problem, we should not only know the law in our country,but also learn the legislation from foreign countries, and made legal transplantation which beneficial to us.