| Against the background of domestic economic policies of de-leverage and de-overcapacity,economic growth has slowed,the continued fermentation of Sino-US trade disputes has also brought a tense international environment for corporate development.Under the dual background of internal and external economic pressure and domestic technological revolution,traditional enterprises need to adjust their structure and upgrade their models and new economy enterprises for the expansion of financing,strategic expansion needs,they both have accelerated the pace of mergers and acquisitions.As for the enterprise,through merger and acquisition,business scale can be expanded and industrial transformation can be realized,which is the way to improve the status of the industry and the voice of the industry’s survival and development,however,while bringing development opportunities for enterprises,merger and acquisition are likely to harm the legitimate rights and interests of laborers.Since merger and acquisition is a complex and systematic project,it inevitably involves the interests of various subjects,as an important stakeholder in an enterprise,the legitimate rights and interests of laborers in a naturally disadvantaged position are most vulnerable to infringement.Since the workers earns his living by selling his labour for a reward from the management,so workers are attached to the enterprise,The change of business organization by enterprise will directly affect the working content and working environment of workers.At present,in the process of merger and acquisition,it is common for enterprises to take advantage of the opportunity to lay off workers,or unreasonable salary reduction and post adjustment for laborers.however,there are many deficiencies in various systems for the protection of laborers’ rights and interests in merger and acquisition,which lead to the inability of laborers to timely safeguard and relieve their rights and interests when they are infringed.It is not only disadvantageous to the construction of harmonious labor relations,but also more likely to cause fierce labor conflicts and affect the stability of social and political order.How to protect the laborers’ rights and interests caused by enterprise merger and acquisition to achieve the rule of law governance has become an important issue in the study of labor law.Firstly,this article defines the concept of merger and acquisition,and puts forward that the situation of merger and acquisition includes not only merger and division of enterprises,but also asset acquisition of enterprises.Secondly,this article explains the necessity to protect the rights and interests of laborers in merger and acquisition.On the basis of theories,in order to demonstrate the theoretical necessity and legitimacy of the protection of laborers’ rights and interests in enterprise merger and acquisition,the author tries to analyze the rationality and particularity of the relationship between merger and acquisition activities and the rights and interests of laborers in detail based on "corporate social responsibility theory","tilted protection theory" and "labor-capital game theory".The third part analyzes the deficiencies of the labor rights protection system in China’s corporate mergers and acquisitions from the perspective of research from the labor contract inheritance system,the dismissal protection system,the labor union system and the labor security supervision system.In the last part of the paper,the author puts forward some Suggestions and countermeasures based on the current situation and system defects of enterprises’ infringement of workers’ rights. |
