Comparative Study Of German And Chinese Legislation On The Laborer's Right To Know In Mergers And Acquisitions

As one of the ways to improve business and enhance the competitiveness of corporate,merger and acquisition(M&A)is increasingly favored by enterprises.But the development of M&A brings a lot of legal problems,at the same time,a series of laws regulating M&A activities are introduced.In the field of labor law,a large number of labor disputes and even mass incidents take place frequently,so that the research of labor rights protection in mergers and acquisitions has become a hot topic.In this article,from the point of view of the protection of workers,"corporate mergers and acquisitions of workers in the right to know" is the research object.The current situation of the laborer's right to know in M&A in China is analyzed,at the same time,the author focuses on the legislative system of the right to know of workers in Germany,and discusses the importance of protection of laborers' right to know in M&A,to find the legislative strategy of perfecting the protection of laborers' right to know in China.Look up the root cause of those mass disturbances by mergers and acquisitions,it lies in the situation that the workers facing M&A activities without any information.The right to know is an important prerequisite for the laborers to realize other labor rights.However,in the mergers and acquisitions,workers' right to know is one of the most serious infringement rights.In the past,the studies on the rights and interests of laborers in M&A have focused on the inheritance of labor relations and dismissal protection,the right to know of laborers is rarely mentioned.There is no special provision about the laborers'right to know in Chinese current legislation.The imperfection of the legal system cannot guarantee the laborers'right to know in corporate mergers and acquisitions.Germany's labor law system on M&A is already fully matured and the right to know in the process of M&A is also particularly stipulated,a perfect protection system is formed.On the basis of analyzing and interpreting the relevant norms and practice of the right to know in China,this article finds out the existing problems of current protection system.And on comparative research of German legislation,interpretation and legal precedent this paper analyzes and summarizes German legislation model of laborers' right to know in M&A,tries to seek for some references that can benefit for perfect Chinese system of protecting laborers' right to know in M&A.Except the introduction and the conclusion,the main body of this article consists of four parts:The first part explains the basic concepts involved in the right to know of workers in M&A,including the connotation of M&A and the attributes of right to know,try to clarify the research object of this article.And it puts forward the classification principle on the different influences of between different types of M&A;with the relationship analysis between the right to know and the M&A emphasizes the importance of protecting the right to know.In the second part,the development path of Chines labor law in M&A and right to know is introduced.Then Chinese current legal systems of protection of laborers' right to know is analyzed,including the subject of right and duty,contents,procedural requirements and consequences,through the study and explain of laws or rules,find and sum up the problems of present legislation in China.The third part is about the German system.Based on the introduction of its legislative establishment and development path of laborers' right to know in M&A,introduces both special provisions for the laborers' right to know in German law.It respectively analyses the concrete operations of laborers,right to know in the case of corporate transfer and acquisition,specific studies the applicable elements,informing contents,implementation procedure and legal consequence and their connection,and analyzes the German system design for the protection of laborers' right to know.In the last part,combining with the legislative model of Germany and reflecting on current problems,the author put forwards some proposals and suggestions on how to perfect the legislative system of protection of laborers' right to know in M&A in China.