Research On The Inheritance Of Labor Contract In Mergers And Acquisitions

Since 2002 China officially joined the WTO,our country enterprise started the third wave of mergers and acquisitions,in the current rapid economic development under the environment of enterprise has more opportunities and challenges,merger and acquisition for enterprise is the enterprise management in the process of development,through merger,acquisition and reorganization,the enterprise can better adapt to the needs of market competition,market can evolution at the same time,focus on the limited resources to support the development of some enterprises,between enterprise m&a behavior for market development and management is to promote the enterprise itself But at the same time in the process of mergers and acquisitions for labor contract inherit there is some problem In the process of mergers and acquisitions,and how to better distinguish between m&a rules under different situation,how to be more powerful standard as the main body of enterprise labor contract responsibility,how to better safeguard successor in the labor contract workers in mergers and acquisitions related interests problems are the question.The purpose of this paper is to study how to more fully protect the laborer's labor contract rights under the background of the third wave of corporate mergers and acquisitions in China,and to achieve laborer's legislative goals by inheriting the labor contract inheritance rules.First of all,this article explains the concepts related to the inheritance of labor contracts in mergers and acquisitions,explains basic concepts such as mergers and acquisitions,inheritance of labor contracts,and compares the performance and changes of labor contracts in the process of mergers and acquisitions.With the characteristics of the other,it briefly introduced relevant regulations and applicable rules for the inheritance of labor contracts in mergers and acquisitions in Germany,Japan,and the Taiwan region of China,and based on the natural inheritance model for Germany,the inheritance model of Japan,and the The analysis of the advantages and disadvantages of the consensus acceptance model in the Taiwan region yields the experience in solving the issues arising from the inheritance of labor contracts in China's M&A,followed by the introduction of relevant legal provisions applicable to M&As in China and the controversies arising therefrom.Finally,from the perspective of distinguishing between different mergers and acquisitions,the labor contract inherits the applicable rules,regulates the change rules of the relevant contract of the labor contract in the merger and acquisition,defines the relevant notification obligation of the enterprise,and protects the employee's right of refusal to stay.The specific issues regarding the succession of labor contracts have been made,and related explorations have been made on the issues that have arisen.Through these solutions to the problems that have arisen,it is necessary to promote the formation of a harmonious labor relationship so as to comply with major economic development trends,promote the development of enterprises themselves,and drive the sound development of the market.