Research On Workers' Rights And Its Way Of Realization In The Inheritance Of Labor Contract

Mergers and acquisitions of enterprises not only involve property rights transactions,but also affect labor relations,labor rights and interests,and need to address whether laborers retain and labor contracts inherit,and how.Article 34 of the Labor Contract Law establishes the inheritance system of labor contracts in China,which makes the inheritance of labor contract become the basic mode of dealing with labor relations in the case of enterprise merger,separation and business transfer.The purpose of the labor contract inheritance system is to guarantee the stability of labor relations,but the legal issues are more complicated,and the inheritance system established by the individual provisions of the Labor Contract Law is not only too principled and vague,but lacks clear and reliable legal guidance and restraint functions.It also neglects the principle and space of labor-management autonomy,ignoring the laborer's participation rights and related obligations.The relative inadequacy of the system has made the implementation effect not meet the legislative policy objectives.In recent years,due to the one-sided pursuit of maximizing the interests of enterprises,ignoring the protection of workers' rights has led to frequent collective actions of workers.Many of them have caused Group labor disputes due to the lack of protection of workers' rights in the succession of labor contracts,which has aroused widespread concern in academic circles.The purpose of this paper is to analyze the causes of Group labor disputes in the process of inheritance of labor contracts,and propose an institutional reconstruction plan for the problem of lack of workers' rights in the process of inheritance of labor contracts,so as to ensure the smooth implementation of the exercise of workers' rights and the inheritance of labor contracts.Taking the labor rights and its realization mechanism of the labor contract in the enterprise merger and acquisition as the research object,this paper mainly adopts normative analysis,empirical analysis,comparative analysis and interdisciplinary research methods.The main research contents include analyzing the status quo of Group labor disputes in the inheritance of labor contracts to find out the causes of the damage of workers' rights;combing the inheritance system of labor contracts to find out the system defects;combining with the legal system and practice of foreign labor contracts inheritance to find reference value;adopting the reconstruction of existing systems to realize the protection of workers' rights and the effective implementation of the labor contract system.The logical framework of this paper is as follows: Firstly,through the analysis of the status quo and typical cases of Group labor disputes in enterprise mergers and acquisitions,it is found that besides the causes of enterprise infringement on laborers' interests and economic development concept,the special causes of Group labor disputes in the process of enterprise labor contract inheritance are found.On the one hand,the mechanism of labor contract inheritance and adjustment is imperfect,and the rules of compulsory On the other hand,when the willingness of workers is inconsistent with the labor contract inheritance system,the absence of the implementation mechanism of labor participation will alienate the rigidity of the inheritance system into obstacles for workers to safeguard their rights.By discussing the rights of enterprises to operate independently and workers' rights in the field of commercial law and labor law,the adjustment of workers' rights in mergers and acquisitions must pay attention to the balance between the two.Secondly,after sorting out the legal norms of our country's labor contract inheritance,it is found that although our country's labor contract inheritance system unifies the application of the law,there are also problems such as the lack of necessary procedure construction,the lack of workers' right to know,the right to object,and the right to collective bargaining.Lack of operability of labor participation security system aggravates the poverty of workers' rights in mergers and acquisitions.Thirdly,compared with the norms and practices of foreign labor contract inheritance system,the legal systems of Germany,Japan and Taiwan of China provide a reference for the reconstruction of China's labor contract inheritance system.Finally,the institutional reconstruction of the laborer's rights guarantee in the labor contract inheritance needs to improve the connection between the labor contract inheritance system and the labor participation system,so as to ensure the flexibility and operability of the labor contract inheritance system.By embedding laborers' right to know and dissent,to ensure equal negotiation and participation of decision-makers;to establish the application of collective contract inheritance;to strengthen collective bargaining and dispute resolution in inheritance to protect the rights and interests of workers.The research in this paper finds that the cause of Group labor disputes in the process of inheriting labor contracts is not that the labor contracts are not inherited,but mainly because the laborers lack the procedural rights such as job choice and equal participation.The inheritance of labor contract should be the priority of the laborer's initiative,not the only choice;while protecting the rights of the laborer's entity with the will of the state,it should fully respect and protect the procedural rights of the worker's to know,participation,etc.Both should be compatible and equally important.Through the reference to the mature legal norms and practices outside the domain,this paper proposes the system reconstruction based on the current legal system to safeguard the rights of laborers in the process of inheritance and promote the effective implementation of the labor contract inheritance system.