论营业转让中劳动者的保护

On Protection of Workers in Business Transfer Transaction

在营业转让过程中,主要涉及商号的转让、债权债务的移转、转让人竞业禁止及劳动关系继受问题。其中所涉主体众多、社会影响面最广的无非是企业与劳动者的劳动关系是否随营业一并转让的问题。本文在描述了我国相关现行立法及社会现状,并在全面、详细介绍其他国家和地区相关立法的基础上,运用经济学和法学的基本理论,得出如下结论:劳动关系应随营业转让一并转移才能最有效保护劳动者利益,亦体现了人权至上的理念。

The business transfer process,mainly involves the transfer of businesses,credit and debt transfer,transfer from non-competition and labor relations issues,in which that involves most subjects and most extensive social impact is the problem whether the relationship between business and labor workers is wholly transferred along with the business＇s transformation or not.This paper describes the current correlative legislation and social conditions,uses basic theories of economics and law,and then gets a conclusion based on a comprehensive,detailed introduction to the relevant national legislations： in order to more effectively protect interests of workers,the relationship between business and labor workers should be wholly transferred along with the business＇s transformation,which also embodies the idea of supremacy of human rights.