Study On Perfecting The Inherited System Of The Labor Contract

In the background of the continuous development of the market economy,the M＆A transaction activities of enterprises are increasing.M＆A has been an important way for enterprises to improve their competitive advantages and ease the competitive pressure in the market.At the same time,the change of the main body of the employer can also affect the labor contract already signed,which will cause a shock to the labor relationship that is in a stable state.Based on the inclined protection,our country has established the inherited system of the labor contract,which provides a legal basis for adjusting labor relations in such cases.Because the legislation is not specific,there are some problems in the application process,such as insufficient understanding of the scope of application of the inherited system of the labor contract,failure to distinguish the inheritance rules for different situations,etc.Therefore,it is difficult to achieve the legislative intent of protecting the legitimate interests of labors,which has led to lots of labor disputes.This paper is divided into four parts: the first part expounds the theoretical basis,current legislation and shortcomings of the labor contract inheritance system,the second part analyzes the judicial application of labor contract inheritance system.Firstly,the judicial cases related to the inherited system of labor contract are sorted out and analyzed;secondly,the situations in the judicial application of the inherited system of labor contract are analyzed;finally,on the basis of the above analysis,we will discuss the universal problems faced by the inherited system of labor contract in judicial practice by combining the judgments,so as to provide strong support for the research content of this paper.The third part examines and evaluates the legislative provisions on the inherited system of labor contract in the European Union,Germany and Japan,so as to provide some reference for the improvement of the system in China and pave the way for the fourth part.The fourth part proposes suggestions to improve the inherited system of the labor contract,including improving the scope of application of the labor contract inheritance,distinguishing the rules of inheritance under different circumstances,improving the procedural rules of the labor contract inheritance system and limiting the employer’s right to dismiss.