The Study Of Laborer's Rights And Interests Protection In Mergers Acquisitions

With the continuous adjustment of the global industrial structure and the intensification of the market competition,the merger and acquisition is developing rapidly.The successful merger and acquisition can not only promote the development of the enterprises,but also promote the development of local economy,improve the quality of employment and the living standard of the workers.M & A is both a way of survival and a way of development for companies,but mergers and acquisitions are like two sides of a coin.While bringing development and opportunities to the company,it is very likely to damage legitimate rights and interests of workers.It not only damages workers' right to know and participate in mergers and acquisitions,but also infringes on the right of obtaining remuneration for workers,and even many workers are released from the labor contract.Faced with these violations,how should workers safeguard their legitimate rights and interests? Is the existing legal system able to provide legal support for workers to protect their legitimate rights and interests? What are the shortcomings of the current law? How to improve the deficiencies? These are the key contents to be explored in this article.This article is divided into five parts:The first chapter defines the concept of M & A,workers and labor rights,and then discusses the impact of M & A on the protection of workers' rights and interests in three parts: it includes the infringement of workers' right to know and participation,infringement of equal right to employment and independent choice right,and violation of the right to obtain remuneration for labor.The second chapter firstly analyzes Stakeholder Theory,Human rights theory,Tilt protection theory,the theory of corporate social responsibility.These theories provide the theoretical basis for the protection of workers' rights and interests in mergers and acquisitions;secondly,we discuss the practical significance of protecting the rights and interests of workers in mergers and acquisitions.It is conducive to the equal protection of laborers' interests,to the long-term development of enterprises,and to maintain social harmony and stability.The third chapter firstly analyzes the specific institutional framework for the protection of the rights and interests of workers in M&A in China based on relevant laws and regulations such as the The Labor Law,The Labor Contract Law,The Company Law,and The Securities Law.Secondly,analyzes the current lack of protection of workers' rights and interests in mergers and acquisitions,along the path of legislation,administrative law enforcement,judicial remedy.The fourth chapter makes a specific analysis of the legislation,administrative law enforcement and judicial situation of the protection of workers' rights and interests in the merger and acquisition of enterprises in the United States,Britain and Germany.Secondly,it analyzes the experience of laborers' protection in overseas mergers and acquisitions.The fifth chapter firstly analyzes the improvement path of the protection of workers' rights and interests from the legislative framework.Secondly,it analyzes the improvement path of the rights and interests of workers from the administrative law enforcement.Finally,it analyzes the protection path of laborers in the process of mergers and acquisitions from the aspect of judicial remedy.