Research On The System Of Employment Contract Succession

Changes in enterprise often affect workers’interests and the most direct impact is reflected on the fate of their contracts-termination or continuation. The purpose of modern labor law is to protect workers interests. That requires all the employment contracts should be continued in all circumstance, even in divisions or merges. Though Article34of Employment contract Law provides for the system of employment contract succession, the regulation is too simple and lacks autonomy between enterprises and workers.This provision is still lack of maneuverability in practice. To deal with the current problems, China needs to improve the article by drawing lesions from foreign legislation and practical experiences. We must give the right of dissent to workers and strengthen the enterprises’duty of disclosure. Also the enterprises’dismissal rights should be restricted. And we need to perfect the different rules under the different situation of organizational changes.There are three chapters in the paper besides introduction and conclusion.Chapter one is the summary of the system of employment contract succession. Employment contract succession means that employment contract should not be terminated when the enterprises come into division or merge. The theoretical basis of this system is the alterability of labor relations’subject and it’s also the basic reflect of corporate social responsibility and the principle of worker-protection. It has great significance when it comes to the protection of workers’right of being employed and maintenance of social stability.Chapter two foreign legislation of the system of employment contract succession and the enlightenments to our legislation. This chapter introduces employment contract succession system in EU, Germany, Japan and Taiwan and then sort the enlightenments out for us.Chapter three legislation of the system of employment’contract succession and review on it. This chapter introduces historical development of the system of employment contract succession in China and then a discussion on the disadvantages of our legislation such as the lack of operability, exclusion of autonomy between enterprises and workers, the still huge risks of being damaged in interests to workers and the confusion of succession rules under different situationsChapter four amendment of the system of employment contract succession in China. First this chapter expounds the basic principles of employment contract succession. Then coming from the purpose of perfecting the system of employment contract succession in China, I put forward the ideas of giving rights of dissent to workers and strengthening the enterprises’the duty of disclosure. Also, I think the enterprises’dismissal rights should be restricted. And we need to perfect the different rules under the different situation of organizational changes.