论外资并购中职工劳动就业权的法律保护

On Legal Protection of Labor and Employment Right in M & A State Enterprises by Foreign Capital

因对目标企业职工劳动就业权保护的法律不够规范具体,外商在并购我国内资企业中大量裁减职工,严重侵害了目标企业职工劳动就业权。其实,外商在并购过程中负有目标企业职工劳动合同的承继义务,无权随意解雇企业职工。我们应当通过制定《并购法》,完善保护劳动就业权的相关法律法规,明确雇主解雇和雇员不被解雇的各种情形,禁止外商滥用权利,加强对目标企业职工劳动就业权这一基本人权的法律保护。

The existing legal provisions in protection of the labor and employment right of laborers in target enterprises are not up to standard and specific. Merger and acquisition of domestic-funded enterprises by foreign capital leads to massive layoffs and the labor and employment right of laborers is seriously infringed. In fact, the employment contracts of laborers in target enterprises should be succeeded as obligation by its successor who has no right to dismiss the laborers casually. We should enact 'Merger and Acquisition Law' and improve laws and regulations in protection of the labor and employment right of laborers. To prevent abuse of rights, the circumstances when employees can be dismissed and when they can not be should be made clear. As a basic human right, the legal protection of the labor and employment right should be strengthened.