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劳动关系在整个并购过程中处于不确定的状态,劳动者的利益也会受到各方面的影响。不论是从企业伦理观的角度还是从人权理论和劳动力产权理论的角度,都有必要在企业并购过程中对劳动者权益加以特别的保护,我国相关法律规定中缺少劳动者对企业并购知悉建议权具体的操作规定,对劳动关系法定继承的规定过于简单,对大规模裁员的保护力度不够。鉴于企业并购过程中对劳动者权益的侵犯,而法律及相关规定无力为劳动者提供相应救济,必须尽快建立和完善我国企业并购法制、切实保护并购中劳动者权益。
Labor relations in the entire merger and acquisition process in an uncertain state, the interests of workers will also be affected in all aspects. From the perspective of corporate ethics or from the perspective of human rights theory and labor property rights theory, it is necessary to protect workers’ rights and interests in the process of M & A specifically, and the lack of workers in our country’s relevant laws and regulations notices the right of advice on M & A Specific operational provisions of the statutory succession of labor relations provisions too simplistic, the protection of large-scale layoffs are not enough. In view of the infringement of workers’ rights and interests during the M & A process and the inability of laws and related regulations to provide corresponding relief to workers, the legal system of M & A of our country must be established and perfected as soon as possible to effectively protect the rights and interests of laborers in M & A.