中國大陸企業併購與勞動合同適用之研究

碩士 === 國立政治大學 === 勞工研究所 === 97 === History clearly tells us that a change in the nature of an economy always brings significant changes to the social structure. When we study the development of capitalism, especially from the stages of ancient accumulation of capital, to free competition and monopol...

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Main Authors: Tien, Huei Min, 田慧敏
Other Authors: 張昌吉
Format: Others
Language:zh-TW
Online Access:http://ndltd.ncl.edu.tw/handle/62042705104833810071
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spelling ndltd-TW-097NCCU53500072015-10-13T14:49:19Z http://ndltd.ncl.edu.tw/handle/62042705104833810071 中國大陸企業併購與勞動合同適用之研究 Tien, Huei Min 田慧敏 碩士 國立政治大學 勞工研究所 97 History clearly tells us that a change in the nature of an economy always brings significant changes to the social structure. When we study the development of capitalism, especially from the stages of ancient accumulation of capital, to free competition and monopoly, corporate mergers have always gone hand in hand with the development of capitalism, and have always contributed a material effect on the change of social structure. Corporate mergers are the products of a mature market economy and developed capitalist countries or regions. With a socialist common ownership economic and political base, China should not have anything with the characteristics of a market economy. However, the global merger market developed a huge change in the landscape after 2001, when we started to see a large decrease in the original major merger regions, US and Europe. Asia, except Japan, has become the newly emerged market. The “world's factory", China, has turned into the “world’s market” and fast advanced to lead the crowd, capturing the focus of attention since then. Corporate mergers are a very interesting legal topic because of their multiple forms and multiple links to different legal aspects as mergers are related to the complicated rights and obligations among corporations. One of the aspects, “Labour Protection in Corporate Merger”, is the observation window for the Labour Law in globalization. In the past, the world was divided by means of politics and jurisdiction, with clear boarders and independent countries. These are now increasingly penetrated by the force of globalization. The once closed resources allocation scopes of operating organizations and legal entities have started to open up, which leads to the change of labour relationships. It can be seen from comparing and analyzing the laws of different countries that the effect of corporate mergers on labour contracts is related to the balanced consideration of the economic development policy and labour rights. This balance consideration results in the labour law of the individual country. Different labour regulations of different countries have different effects on labour contracts in corporate mergers. As mentioned above, China is especially worth studying because of its special economic and political systems. This study found that there were different effects on labour contracts from corporate mergers in Mainland China before and after the implementation of "Labour Contract Law" on 1st January, 2008. Before the Law was implemented, there were a lot of unsolved issues on labour relationships in a corporate merger, from theoretical to practical levels and from the policy basis to actual operation. It is true that we have yet to wait and see whether the launching and implementation of the “Labour Contract Law” will be able to solve the problems, but we might still be able to get some clues through the discussion of this study. 張昌吉 學位論文 ; thesis 190 zh-TW
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description 碩士 === 國立政治大學 === 勞工研究所 === 97 === History clearly tells us that a change in the nature of an economy always brings significant changes to the social structure. When we study the development of capitalism, especially from the stages of ancient accumulation of capital, to free competition and monopoly, corporate mergers have always gone hand in hand with the development of capitalism, and have always contributed a material effect on the change of social structure. Corporate mergers are the products of a mature market economy and developed capitalist countries or regions. With a socialist common ownership economic and political base, China should not have anything with the characteristics of a market economy. However, the global merger market developed a huge change in the landscape after 2001, when we started to see a large decrease in the original major merger regions, US and Europe. Asia, except Japan, has become the newly emerged market. The “world's factory", China, has turned into the “world’s market” and fast advanced to lead the crowd, capturing the focus of attention since then. Corporate mergers are a very interesting legal topic because of their multiple forms and multiple links to different legal aspects as mergers are related to the complicated rights and obligations among corporations. One of the aspects, “Labour Protection in Corporate Merger”, is the observation window for the Labour Law in globalization. In the past, the world was divided by means of politics and jurisdiction, with clear boarders and independent countries. These are now increasingly penetrated by the force of globalization. The once closed resources allocation scopes of operating organizations and legal entities have started to open up, which leads to the change of labour relationships. It can be seen from comparing and analyzing the laws of different countries that the effect of corporate mergers on labour contracts is related to the balanced consideration of the economic development policy and labour rights. This balance consideration results in the labour law of the individual country. Different labour regulations of different countries have different effects on labour contracts in corporate mergers. As mentioned above, China is especially worth studying because of its special economic and political systems. This study found that there were different effects on labour contracts from corporate mergers in Mainland China before and after the implementation of "Labour Contract Law" on 1st January, 2008. Before the Law was implemented, there were a lot of unsolved issues on labour relationships in a corporate merger, from theoretical to practical levels and from the policy basis to actual operation. It is true that we have yet to wait and see whether the launching and implementation of the “Labour Contract Law” will be able to solve the problems, but we might still be able to get some clues through the discussion of this study.
author2 張昌吉
author_facet 張昌吉
Tien, Huei Min
田慧敏
author Tien, Huei Min
田慧敏
spellingShingle Tien, Huei Min
田慧敏
中國大陸企業併購與勞動合同適用之研究
author_sort Tien, Huei Min
title 中國大陸企業併購與勞動合同適用之研究
title_short 中國大陸企業併購與勞動合同適用之研究
title_full 中國大陸企業併購與勞動合同適用之研究
title_fullStr 中國大陸企業併購與勞動合同適用之研究
title_full_unstemmed 中國大陸企業併購與勞動合同適用之研究
title_sort 中國大陸企業併購與勞動合同適用之研究
url http://ndltd.ncl.edu.tw/handle/62042705104833810071
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