外资并购对职工劳动就业权的侵害及其对策

Violation of the Labor and Employment Right of Laborers on Merger and Acquisition by Foreign Capital and the Legal Measures

劳动就业权是宪法赋予公民的一项基本人权,而我们因思想上不够重视招商引资中的就业权保护,加上《劳动法》、《工会法》、《劳动合同法》、《就业促进法》及外资并购的法规对目标企业职工劳动就业权的保护存有瑕疵,使外资在并购中肆意侵害职工劳动就业权。应制定统一的《并购法》,修改上述相关法律法规,确保目标企业被外资并购后职工劳动就业权不被侵害。

The labor and employment right is a basic human right of citizens entrusted by the constitution. We don＇t pay much attention to protect the labor and employment right of laborers in the course of foreign investment and there are various defects in China＇s current law in protection of the labor and employment right, such as ＂Labor Law＂, ＂Labor Contract Law＂, ＂Employment Promotion Law＂ which relevant to foreign capital. As a result, the and administrative rules and regulations labor and employment right of laborers is seriously violated on merger and acquisition by foreign capital. We should enact the unified ＂Merger and Acquisition Law＂ and amend those defective law and regulations to protect the labor and emolovment right of laborers in target enterprises from violation.