| Summary: | 碩士 === 國防大學管理學院 === 法律學系 === 100 === Facing the international competitive environment from globalization, enterprises have diversified their business through mergers and acquisitions (M&A) in order to build their core competencies and maintain their lasting advantage. To encourage enterprises to conduct M&A, our government has amended related laws steadily since 2000. Among those amendments, “Business Mergers And Acquisitions Act” legislated in 2002 has created more diverse and specific changes in the corporate reorganization on domestic enterprises. However, M&A is quite complicated not only it will result in the change of the business ownership and operating rights, but also it will cause lots of labor issues that need to be discussed；for example, the continuity of the employee- employer relationships, the right for the new and the existing employers to negotiate for the continuous employment, the employee’s right to object, the labor’s right of participation, the changeability in labor conditions, the details about the severance pay and pension appropriation, etc. Therefore, it is definitely a crucial issue to construct a complete and clear of M&A legal system to strike a balance between the employer’s advantage and the employee’s right to work, which is enshrined in our Constitution.
However, when it comes to the issue of the labor’s right and interest in M&A, there are only Article 15, 16, and 17 in “Business Mergers And Acquisitions Act” to stipulate them. The rest of the relevant labor laws and regulations are not subsequently modified. Thus, it is necessary to interpret and clarify the change of the individual and group labor relationships in the process of M&A. For this reason, we are intend to use the method of documentary analysis, historical analysis, and comparative analysis in this thesis, to take “Business Mergers And Acquisitions Act” as the research core, accompanied with discussion in commercial laws and labor laws for the protection of the labor’s right and interest in M&A. Moreover, we will also investigate how those related laws mentioned above can be mutually applied, and review whether there are the competing conflicts or recurrent problems among the current legal system. Simultaneously, we will integrate both domestic academic and practical insights, supplemented by foreign legal systems of the study to the perspective of comparative law, and analyze whether there are the inadequacies of specification among the current legal system. By conducting this research, we hope that we can fully grasp the important points of this issue and provide appropriate suggestions to contribute them to the future amendments of the related laws.
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