Organizational Changes In Enterprise And Protecting The Right Of Work

With the advent of economic globalization and internationalization, businessdevelopment strategy shift from domestic to global markets, and begin to change thetraditional morphology is relatively fixed and unchanged. After the 10 years, sinceChina join in the WTO, Economic development fasted, and national economicstructure adjustment and industrial upgrading accelerate. At the same time, thepressure of market competition is increasing. In order to make greater profit margins,adapt to market changes and avoid the deficiencies of the existing form, a largenumber of enterprise have to re-planning the enterprise organization of whole or part,enterprises begin to merger, division and business transfer.The article divided six chapters.Chapter one is introductions, mainly introduces the research background,question, the research significance, the research status and scope, research ideas andresearch method.The second chapter is mainly about the summary of enterprise organizationchanges. It includes the multidimensional analysis of enterprise concept the conceptand types of enterprise organization changes and a special type–definition ofbusiness changes. First of all, the paper discusses the connotation of"enterprise"ineconomics and law. Specifically point that enterprise is a dynamic concept, it has therelative stability of organization. Special points that the concept of enterprise shouldbe treated differently between in market main body law and labor law. And discussingthe enterprise is to adopt the whole or department theory is directly related to therelevant security system for the premise, based on the analysis of the overall theory,the part theory of enterprise has more convincing.Secondly, according to main part of the labor contract, which means theemployer changes. It analyzes the changes in business organization type, which has impact of the workers' right, it includes a corporate merger, corporate separation, andthe transfer of business enterprises. Because that they do not comply with the abovejudgment conditions, the acquisition of shares, the legal form of conversion, andcorporate bankruptcies do not fall within the scope of this thesis. Furthermore, Itdescribes the business transfer, which is a special type of business organizationchanges. Business transfer is a controversial form of corporate changes, especially theidentification of criteria. Learn from a large number of cases of the European Union,the business transfer criteria should be divided into necessary and sufficientconditions and reference conditions.The development process of the changes in business organization and laborrelations are in Chapter 3 discussed. It includes 3 aspects, Organizational changeprocess from the enterprise, corporate organizational changes on individual laborrelations, as well as changes in business organization of collective labor relations. TheChanges in business organization in different places such as Americas, Europe,Mainland China and Taiwan region show a different development path. And also havethe following effects of the individual labor relations: on the one hand affect there-structure of the business organization, corporate culture change management andchange management system; on the other hand affect the layoffs, wages, benefits,mobility and seniority of workers. At the same time, changes in business organizationhave also a significant effect of the position of trade unions in the collective laborrelations, as well as of the existence of a collective contract.The fourth chapter discusses the strategy of foreign legislation on workerprotection. And it starts from the European Union, Germany, Britain, the UnitedStates, Japan and other countries and regions. The foundation documents for theprotection of workers in EU are the Directive file, in particular Directive 77/187,Directive 94/95, Directive 98/50 and Directive 2001/23. The protection of workers'right to work on this issue in Germany is mainly in 613a of the German Civil Code,and it has specific requirements in several rights. The United Kingdom is also affectedby the EU Directives, It protects the workers with "corporate transfer of employmentprotection regulations to protect workers' right to work". U.S. has its ownparticularities, the concept of collective contracts in the U.S. legislation is on a special position. The Japanese characteristics for the protection of workers are the targetedlegislation, The Japanese"labor contracts inherited law" is the represented legislationin this aspect.The fifth chapter is a review of the relevant entities of the system andreconstruction. It discusses from a few specific systems of the different aspects. Inparticular the right of workers and the inherited system of labor contracts in thecorporate organizational change. First of all, in the discussion of workers'right itgives the definition of the workers 'right, and discusses the establishing of thetheoretical basis, the legal effect, and the five aspects of the workers' right. Secondly,it expands the discussion of labor contracts inherited system. Start from the differentview of the labor contracts inherited system and the assessment of current legislationin China, it discusses the employers'right and workers'right in labor contractsinherited system.The sixth chapter discusses the changes in business organization in the unfairlabor practice prohibited system. This chapter discusses from the improper laborpractices and has an overview of the unfair labor practice prohibited, as well as thelegislative status of the US, Japan, Taiwan Region, and mainland China. It analyzesthe basis of Chinese unfair labor practice prohibited system. And makes anassessment for the unfair labor practice: changes in business organization does notchange the behavior of interest assessment, in particular the interests of the workingrules change controversy. And also makes a discussion of the reasonable changes andgives a Suggestion. Finally, it discusses the changes in business organization inanother unfair labor practice: unjustified dismissal. It tells what is the dismissal andthe legal basis for unjustified dismissal. At the end of this chapter it discusses twothings, namely the establishment of the Constitution, civil and labor law protectionsystem and the establishment of a system of exclusion for small businesses.