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On The Protection Of Laborers’ Rights And Interests In Enterprise Mergers And Acquisitions

Posted on:2020-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:N J ZhangFull Text:PDF
GTID:2416330590978449Subject:Law
Abstract/Summary:PDF Full Text Request
Since 2005,with the booming domestic economy,Chinese enterprises’ mergers and acquisitions have ushered in the rapid development stage and the mergers and acquisitions activity has increased rapidly.Especially in recent years,with the advent of economic restructuring and the era of big data,more and more large enterprises are seeking cooperation through mergers and acquisitions,while many large enterprises are acquiring small and medium sized scientific and technological innovation enterprises to absorb technological advantages and innovation impetus.While the domestic merger and acquisition activities continue to be active,the incidents of infringement on the Rights and Interests of labor often occur in the merger and acquisition of enterprises.From the perspective of legal system,the content of adjusting the legal norms of e nterprise merger and acquisition at present mainly includes the procedures of merger and acquisition,equity changes,the settlement of enterprise’s creditor’s Rights and debts,etc.,which is more about the protection of Rights and Obligations of both sides of merger and acquisition,enterprise creditors and fair competition in the market.For enterprise mergers and acquisitions in the process of dealing with problems of labor relations and laborer Rights and Interests protection problems,is referring to the “labor contract law”,“labor law”,“employment promotion law”,the company law and other laws and regulations,this is not professional,systematic regulat ion,for the protection of the Rights and Interests of labor in mergers and acquisitions is obviously inadequate.Introduction is an elaboration of the background of this paper,explaining the problem of the infringement of laborer Rights and Interests in the merger and acquisition of enterprises,and finding solutions to the problem.The first chapter mainly explains the damage of laborers’ Rights and Interests in enterprise mergers and acquisitions.Through the current situa tion of the violation of labor Rights and Interests in various corporate mergers and acquisitions,the author finds out the outstanding problems of laborer’s Rights and Interests,such as the knowledge of laborers’ M&A activities.The degree and degree of participation are insufficient,and then the main Rights and Interests of the laborers are pointed out according to the outstanding problems found.Finally,it analyzes the main reasons for the violation of labor Rights and Interests from five aspects,and clarifies the basic ideas for exploring the path choice of laborers’ Rights and Interests in enterprise mergers and acquisitions.The second chapter is about the theoretical basis of the protection of laborers’ Rights and Interests in enterprise mergers and acquisitions.First of all,protecting the Rights and Interests of workers is to protect the human Rights of workers.Labor is of great significance for the realization of human Rights.Furthermore,starting from the theory of corporate social responsibility,it analyzes the relationship between the protection of laborers’ Rights and corporate social responsibility,and the results of corporate social responsibility.Finally,it expounds the subordinates of laborers in labor legal relations,and discusses the reasons why laborers are vulnerable to M&A activities.The third chapter mainly discusses the path choice of laborers’ Rights protection in Chinese enterprises’ mergers and acquisitions.The first step is to analyze the protection system of laborers’ Rights and Interests in foreign companies’ mergers and acquisitions,and then combine the empirical methods of Chinese labor relations.The second step is to sum up various empirical methods and focus on the main problems,trying to find out the main path of protection of laborers’ Rights and Interests in enterprise mergers and acquisitions,and through this main path to protect the Rights and Interests of laborers.The third step is to improve other paths to protect the Rights and Interests of laborers.
Keywords/Search Tags:Enterprises’ mergers and acquisitions, Laborers’ Rights and Interests, Right to know, Right to participate
PDF Full Text Request
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