Legal Regulation Of Laborer's Rights Protection In Corporate Mergers And Acquisitions

With the continuous advancement of reform,opening up,and the rapid development of the securities market,the company has continued to advance.The company's development mainly depends on two methods: first,endogenous growth,improvement by its own development,it's slow progress;second,expansion through mergers and acquisitions.After the corporate merger and reorganization,the company would inevitably integrate the production system and the human resource system,and will reduce some repetitive departments or personnel,in this situation labor's interests would be affected more or less.In order to reduce the cost of mergers and acquisitions,the integrated employers in mergers and acquisitions would evade their obligations through various forms and means,which makes laborer take a high risk of damage in the rights and interests.This paper starts with the phenomenon of laborer's infringement and will be divided into four parts to stretch discussion and research on exploring the legal system of laborer's rights protection in corporate mergers and acquisitions.In chapter 1,it would clarify the concept and type of company mergers and acquisitions,and then analyze the motivations of laborers from the specific forms of infringement of workers in the company's mergers and acquisitions.In chapter 2,based on the theory,the author would demonstrate the necessity and reasonableness of protecting laborers' rights and interests in the corporate merger and acquisition via "human rights protection theory","corporate social responsibility theory","inclined protection theory" and "stakeholder theory".In chapter 3,the author has examined the regulations of the EU,Germany,France,the United Kingdom,and Japan on the specific rules of corporate mergers,acquisitions,and presents the solutions to protect workers' rights and interests in corporate mergers and acquisitions in other countries.In chapter 4,the author specifically refines the protection of the workers' right to be informed in the company's mergers and acquisitions,the improvement of the labor contract inheritance in the corporate mergers and acquisitions,the dissent right in the labor contract inheritance process,the collective contract processing system,and the economic dismissal system after the merger.In the merger and acquisition of the company and would propose some shortcomings on the improvement of the protection of laborers' rights and interests.