劳动者对企业并购的集体参与研究

Research on Collective Employee Participation in Enterprise Mergers and Acquisitions

企业并购是指一切涉及企业控制权转移的行为,我国现阶段的企业并购具有一定的时代特征。为保护劳动者在企业并购中的利益,现行法规定了劳动者通过职工代表大会等对企业并购的集体参与规则。该规则在一定程度上可以保障并购合理、有序进行,保障劳动者的权益,却依然需要在重新建构劳动者参与管理合理性基础的基础上对其予以完善。应明确职工代表大会或职工大会等是职工参与企业并购决策的基本形式,工会或职工代表为其召集、沟通和监督机构;保障劳动者在并购中的知情权、建议权和协商权;明确违反劳动者集体参与程序的法律后果。

Mergers and acquisitions refer to all actions that lead to the transfer of the corporate control. In the present stage the enterprise mergers and acquisitions of our country has certain characteristics. To protect the laborer interests in the merger and acquisition the positive law set a lot of rules about the collective participation of laborers in Mergers and Acquisitions, such as the rule of congresses of workers and staff. To some extent, these rules can guarantee Mergers and Acquisitions reasonable and orderly, safeguard the fights and interests of workers, but these rules still need to be perfect on a new basis of collective participation of laborers. The Law shall specify the staff and workers＇ congress or staff meeting is the basic form, through which workers participate in mergers and acquisitions. Trade union or worker representatives are the institution to communication and supervision. The law should protect the laborers＇ right to information, suggests and consultation in mergers and acquisitions. The law should set clearly the legal consequences to violation of rule about the collective participation of laborers in Mergers and Acquisitions.