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A Research On The Protection Of Laborersí Rights And Interests In Enterprise Merger And Acquisition

Posted on:2019-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:P WangFull Text:PDF
GTID:2346330545961675Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the background of the deepening of economic globalization,our country enterprise faces more complex of environment opportunities and challenges concurrent.Enterprise merger and acquisition will continue to increase,the business owners will continue to adjust operating strategy,seize high-quality resources,in order to better meet the changing needs of market.But enterprise merger and acquisition will result in the fundamental change of main enterprise,having a great impact on the labor contract that original enterprise and labor singed.UK,Japan,EU established labor contract inheritance regulation in order to solve performance of the original labor contract,our country also stipulate labor contract inheritance in Article 34 of Labor Contract Law otherwise existing imperfections compared with the developed countries such as European countries and America,which canít protect the rights and interests of laborers perfectly.In this paper,from the view of protecting the rights and interests of laborers,according to the thinking of "exposition of the theory and background-put forward the problem-to solve the problem" to launch the research including five parts,analyzing the defects of labor contract inheritance regulation in our country,the defect of dismissal protection,put forward advice of completing protection of rights and interests of the laborers during enterprise merger and acquisition.The first part gives explanation of enterprise merger and acquisition,labor contract inheritance and basic theory of enterprise protecting rights and interests of the laborers.Enterprise merger and acquisition has three types merger,share purchase and asset acquisition,labor contract inheritance means original labor contract still apply to acquiring enterprise and basic theories of enterprise protecting rights and interests of the laborers are labor rights,corporate social responsibility theory and human capital theory.The second part analyzes the impact on rights and interests of the laborers because of merger and acquisition of enterprise.The merger and acquisition of enterprise usually be regarded as business of shareholders and ignore laborers rights to know and dissent.Asset acquisition is an act of buying and selling asset between enterprises in essence,our legislation donít stipulate acquiring enterpriseís obligation to take over the laborers of old enterprise,whose labor relations face great uncertainty.Our legislation doesnít stipulate labor contract change and rescission after enterprise merger and acquisition,enterprises utilize M&A to change and rescind labor contract illegal.Our legislation doesnít stipulate explicitly acceptance of debt to laborers after change of employer.The third part analyzes policies of staff resettlement during restructuring of state-owned enterprises as way of merger and acquisition and related laws and regulations at this stage.Restructuring of state-owned enterprises as way of merger and acquisition take some good approaches to deal with labor contract,such as labor contract inheritance with freedom,protect laborers rights to know and dissent.Article 34 of Labor Contract Law stipulates labor contract inheritance,but exists in detail is not perfect,the scope of application is not all-inclusive and other issues,lack supporting provisions,the inheritance of labor contract difficult to effectively protect the rights and interests of laborers.The fourth part analyses the difficulty in our country protecting the rights and interests of laborers during enterprise merger and acquisition,embody four aspects:firstly laborers rights to know and dissent cannot be effectively protected,secondly the application scope of labor contract inheritance is not all-inclusive;thirdly lack limitation of enterprise right to change and rescind labor,fourthly how to distribute labor debt between old and new employers is uncertain.The fifth part put forward advice to effectively protect the rights and interests of laborers during merger and acquisition of enterprise.First perfect legislation,imposing enterprise obligations of informing laborers,protects laborers rights to know and dissent.Second perfect application scope of labor contract inheritance,laborers whose work content is closely associated with transferred should be transferred to acquiring enterprise.The rights and obligations in collective contract should be transformed into labor contract that be inherited by acquiring enterprise,in other words the inheritance of labor contract include collective contract.Third reasonably restrict acquiring enterprise rights to change and rescind labor contract,stipulating enterprise responsibility of dismissal and obligation of consultation between employee and employer during economic redundancy.Fourth impose old enterprise obligations of paying labor debt existing before merger and acquisition.
Keywords/Search Tags:Enterprise merger and acquisition, Rights and interests of the laborers, Labor contract inheritance, Dismissal protection
PDF Full Text Request
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