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

Chinese enterprises are currently under the tide of globalization of the world economy.Especially after China successfully joined the World Trade Organization(WTO)in 2001,China's economy has achieved rapid development.Chinese enterprises are also facing unprecedented opportunities and challenges.Foreign capital and enterprises have entered the domestic market in a large scale.While adding vitality to our economy,it has also caused a certain impact on domestic domestic enterprises.If local enterprises want to gain a certain competitive advantage in the market,it is necessary to change the original business strategy to expand the scale of operation.M & A is one of the important ways to achieve large-scale operation of enterprises,obtain large-scale benefits,and quickly gain market competitive advantages.It can not only achieve large-scale and diversified operations of enterprises,but also can avoid the transfer of enterprises by stripping out bad departments.Business risk.However,after the merger,the main body of the enterprise has undergone a substantial change.This change involves the interests of multiple parties,including the enterprise itself and the workers in the enterprise,and even the overall economic benefits of society.Among the disputes among the interests of multiple parties,the interests of workers are most easily overlooked and violated.In traditional private law,the private property of an enterprise as the owner of an enterprise,and changes in the organization of the enterprise belong to the category of disposal of private property.However,it should be noted that the fact that the change of the corporate entity is not only a change of the business entity in the sense of the organizational structure of the enterprise,it is also a change of the employment entity as a carrier of the laborer engaged in labor.This change in the employment subject directly resulted in the loosening of the stable relationship between the laborers and the original employer.The new company after the merger and acquisition was unwilling to continue hiring the original company's employees based on the considerations of its own interests.To this end,in order to prevent large-scale unemployment due to mergers and acquisitions,China's "Labor Contract Law" stipulates that companies after mergers and acquisitions shall compulsorily inherit the labor relationship between the original enterprise and workers,that is,the "labor succession system".Although this system on the surface protects the labor rights ofvulnerable groups of workers,the changes in the level of salary and benefits,work content and time,and vacations provided by the new enterprise to the workers after the merger and acquisition have brought to the workers the impact is still huge.Although the worker's right to work was guaranteed for a while,as the working hours progressed,changes in the above-mentioned various working conditions led to the worker's unsuitability for the new working environment and caused him to resign or be forced to resign.In addition,under the consideration of their own interests,the new company's failure to understand the reasons for hiring laborers has made it impossible for laborers to fully protect their legitimate rights and interests in mergers and acquisitions.By examining the systems of protecting laborers 'rights and interests in corporate mergers and acquisitions in foreign countries and regions,and on the basis of summing up the experience of other countries' systems,specifically combining the needs of China's actual national conditions,we will construct a system for protecting laborers' rights and interests in corporate mergers and acquisitions in line with China's national conditions.Specifically,it should include protecting workers 'right to know in the entire process of mergers and acquisitions,giving workers the right to object before mergers and acquisitions,establishing workers' right to refuse retention during mergers and acquisitions,and prohibiting improper labor practices and the regulation of uninteresting changes in working rules and the design of protection systems for workers' termination,etc.