| With the development of social economy,affiliated enterprise groups have become more common.Due to the special relationship between affiliated enterprises,when the affiliated enterprises go bankrupt,the insolvency of substantive consolidation becomes a new option for affiliated enterprises if the statutory conditions are met.Because this method of bankruptcy reorganization and liquidation integrates the chaotic problems of assets and the creditor’s rights and debts between affiliated enterprises and reduces costs,which is beneficial to the efficiency of liquidation or the success of reorganization,substantive consolidation has become more and more popular in recent years.While multiple enterprises are integrated together for bankruptcy liquidation or reorganization,a large number of workers are involved in this procedure,which are not only the creditors of the enterprise group,but also the human resources of enterprises as well as the important force for the substantive consolidation reorganization of the affiliated enterprise.Based on the characteristics of the substantive consolidation of affiliated enterprises and the workers,worker is the weaker party to enterprise,that their rights and interests are easily damaged.How to protect the rights and interests of the workers in substantive consolidation insolvency is a problem worthy of studying.However,current legislation has shortcomings and even blank parts on this issue.Therefore,it is necessary to sort out and analyze the rights and interests of workers during the procedures of substantive consideration,and to explore the improvement of the protection of workers’ rights under the background of the substantive consideration insolvency of affiliated enterprises.In addition to the introduction and conclusion,this article consists of four parts:The first part is mainly to the overview of the protection of workers’ rights and interests in the substantive consolidation of affiliated enterprises.First of all,define the concepts of affiliated enterprises,insolvency of substantive consolidation,workers,and workers’ rights and interests,clarify the scope of subjects discussed in this article,and summarize and analyze the current main modes of substantive consolidation insolvency.Next,according to different classifications of rights and interests,this article will analyze the dilemmas of workers’ right to know and participate,right to work and creditor’s rights in the substantive consolidation of affiliated companies.The second part introduces the necessity of the research on the protection of workers’rights and interests in the substantive consolidation of affiliated enterprises.On the one hand,it puts forward the theoretical requirements and basis for protecting the rights and interests of workers in the insolvency of substantive consolidation of affiliated enterprises from multiple perspectives.On the other hand,it introduces the lack of this part in the existing academic achievements of our country while the cases are increasing,so the research of this article is necessary.In the third part,because of the lack of the law to directly protect the rights and interests of workers in a substantive consolidation in China,this article mainly refers to bankruptcy procedures and business mergers that have similarities with substantive consolidation,focusing on the three aspects related to the workers’ participation rights,their right to work and creditor’s right,to sort out in my country’s relevant laws and regulations.It also analyzes the shortcomings including the lack of workers’ right to know,low participation and ineffective protection of this kind of right,lack of basis of labor contract handling,insufficient protection of labor claims,unclear economic benefits such as economic compensation and enterprise annuities,and other benefits.The fourth part explores the relevant systems of foreign countries and regions,including Germany,the United States,Hong Kong,etc.,from the perspectives of workers’ right to know and participate,labor contract-related issues,as well as wages and other economic benefits,such as the establishment,powers and operation methods of the Works Council in Germany,and the design of Hong Kong’s Wage Protection Fund system,etc.Through sorting out their regulations on the protection of workers’ rights and interests in bankruptcy or mergers and their practices in these fields,to find out the experience that can be used for reference for our country.The fifth part mainly considers and puts forward suggestions on how to improve the labor protection in the substantive consolidation of my country’s affiliated enterprises.It mainly focuses on the three pain points,which are 1)how to protect the workers’ right to know and participate,2)how to deal with the labor contract in the substantive consolidation which is close to workers’ personal right and 3)how the workers’ claims and other economic benefits that are about their property right can be better protected.It is problem-oriented and combined with the existing regulations and theoretical analysis of these issues,to discuss the way to protect the rights and interests of workers in the substantive consolidation insolvency of affiliated enterprises in China.This article hopes to combine the discussion in existing academic achievements as well as laws and regulations of the protection of workers’ rights and interests in the fields related or similar to substantive consolidation of affiliated enterprises,to analyze and explore the issues involved in this procedure that have a greater impact on workers in a more in-depth and detailed manner.Also,the article tries to put forward better countermeasures and suggestions for the protection of worker’ rights and interests in substantive consolidation of affiliated enterprises in China. |
