1.Pan Feng. Research on the Succession of Labor Contract in Enterprise Mergerand Acquisition . , No. 3, 2015.2.Wang Jiangsong. The Nokia Strike in Dongguan and Labor Issues in Mergersand Acquisitions . . No. 3, 2014.3. . Higher Education Press, 2017, p. 125.4. . Higher Education Press, 2017, pp. 124-25.5.Lin Jiahe. Business Transfer and the Fate of employment relationships 冶 . Essayson Labour and Law III. Angle Publishing , 2014, p. 348.6.Song Gang. Asset Transfer or Equity Transfer: Analysis of the Legal Theory ofthe Share Transferring Agreement of a Company . . No. 10, 2014.7.Ye Shan. The Option of Employees in M&A . . No.1, 2017.8.Jiang Junlu. Research on employment relationships in Mergers andAcquisitions . Quoted in Lin Jiahe, . AnglePublishing , 2014, p. 344.9.In November 2003, the SASAC issued Opinions on Regulating theRestructuring of State-owned Enterprises , which stipulates that in the process ofrestructuring, employees in state-owned enterprises can dissolve labor contracts.In December 2005, the SASAC issued the Opinions on Further Standardizingthe Reform of State-owned Enterprises . In view of the fact that it did not payenough attention to protecting the legitimate rights and interests of employees, itstrengthened the protection of the legitimate rights and interests of employees. InJanuary 1, 2003, State Economic and Trade Commission, Ministry of Finance,the State Administration for Industry and Commerce and the Foreign ExchangeAdministration issued the Provisional Regulations on the Use of ForeignCapital to Reorganize State-owned Enterprises , which made a comprehensiveprovision for the resettlement of enterprises in China. Furthermore, it stipulates:the use of foreign capital to restructure the state-owned enterprises should followthe principle of the legal rights and interests of the workers; the modified partyshould seek the opinion of the congress of workers and staff of the reorganizedenterprise in advance; the plan for the proper placement of employees should beexamined and passed through by the congress of workers and staff; thesuccession of labor contract is suitable for the two-way selection by both of theenterprise and the employees. In January 1, 2004, the Interim Measures for theManagement of the Transfer of Property Rights of State-owned Enterprises further strengthened the protection of employees of Enterprise solely funded bythe States. And it requires contracts for property rights to include employeeresettlement schemes and salary and social security, what s more, it stipulatesthat the transfer which against the lawful rights and interests of the staff andworkers is invalid.10.State-owned Assets Supervision and Administration Commission. Opinions onStandardizing the Reform of State-owned Enterprises . General Office of theState Council, No. 96, 2003.11.Zhu Ciyun. Requirements for the Legal Rules of Business Transfer .. No. 2, 2011.12.For instance, Notice on the Sale of a Number of Issues Concerning SmallState-owned Enterprises , Opinions on Regulating the Reform of State-ownedEnterprises and so on.13.Ma Yufeng. Labor Protection in Business Transfer . . No.1, 2013.14.Daubler, Wofgang. . Translated by Wang Qian. Shanghai:Shanghai People s Publishing House, 2016, p. 304.15.Section 613a of German Civil Code stipulates, If a business or part of abusiness passes to another owner by legal transaction, then the latter succeeds tothe rights and duties under the employment relationships existing at the time oftransfer. Article 2112 of the Italian Civil Code stipulates: in the case ofenterprise transferring, the employment relationships will continue to exist withthe new company, and the new company shall retain all rights enjoyed by theemployees of former enterprise; The original company, together with the newcompany, are jointly and severally liable for all the claims enjoyed by theemployees at the time of the transfer. 冶 In the U.K., the 1981 Regulations onBusiness Transfer stipulated that business transfer does not affect the survivalof the labor contract. Article L122- 12 of the Labor Code of France stipulates: Ifan employer's legal status is changed, especially because of inheritance, sell,merger, asset transferring, legal status changes, all the labor contracts that arebeing performed on the date of the change will continue to be performedbetween the new employer and the employees of the former enterprise. InMarch 12th, 2001, EU Council is applicable to the situation that all or part ofthe business is transferred to a third party due to the assignment or merger of thecontract, and the transfer refers to a unit that does not lose its identity andtransfers organizational integration of resources to engage in major or attachedeconomic activities. The first item of the 333rd article of the Swiss Debt Codestipulates: Where the employer transfers the company or a part thereof to a thirdparty, the employment relationship and all attendant rights and obligations passto the acquirer as of the day of the transfer, unless the employee refuses suchtransfer. The second item of the 111st article of the Macao Commercial Codestipulates: The new company shall be jointly and severally liable with theoriginal company for all labor debts that are due to the transfer date.16.Yamashita Masahiro. Business Transferring and Shareholder Protection inJapanese Company Law . Translated by Liu Xiaoyong. . No. 7,2009.17.Liu Chengjie. .Reviewed by Liu Jingwei. China University of Political Science and Law Press,2012, p. 6. Quoted in Jiang Daxing. Regulation Model of BusinessTransferring: Direct Regulation and Functional Equivalence .. No. 5, 2015.18.Kotou Moto. The Enterprise Transfer System in Japanese Company Law .Translated by Zhu Daming. . No. 5, 2015.19.Ma Yufeng. Labor Protection in Business Transfer 冶 . . No.1, 2013.20.Bao Yu. Rethinking on the Succession of Labor Relations].. No. 7, 2015.21.Dai Chun and Li Qi. The Collective Labor Dispute and Its Influence inEnterprise Merger and Acquisition . .No. 14, 2014.22.Sun Jingxin and Yang Qing. Protection of Employees 爷 Rights and Interests inMergers and Acquisitions . .No. 3, 200923.Daubler, Wofgang. . Translated by Wang Qian. Shanghai:Shanghai People s Publishing House, 2016, p. 110.24.Yamashita Masahiro. Business Transferring and Shareholder Protection inJapanese Company Law . Translated by Liu Xiaoyong. Pacific Journal. No. 7,2009.25.Ye Shan. Job selection of employees in M&A . .No. 1, 2017.26.Qiu Junyan. Discussion on the Related Problems of Labor Law in the Processof Enterprise Reorganization .27.Kotou Moto. The Enterprise Transfer System in Japanese Company Law .Translated by Zhu Daming. . No. 5, 2015.28.Ma Yufeng. Labor Protection in Business Transfer . Hebei Law Science. No.1, 2013.29.Kotou Moto. The Enterprise Transfer System in Japanese Company Law .Translated by Zhu Daming. Tsinghua Law Journal. No. 5, 2015.30.Article 40 of Labor Contract Law: Under any of the following circumstances,the employer may dissolve the labor contract if it notifies the employee inwriting 30 days in advance or after it pays the employee an extra month swages: 1. The employee is sick or is injured for a non-work-related reason andcannot resume his original position after the expiration of the prescribed timeperiod for medical treatment, nor can he assume any other position arranged bythe employer; 2. The employee is incompetent to his position or is still so aftertraining or changing his position; or 3. The objective situation, on which theconclusion of the labor contract is based, has changed considerably, the laborcontract is unable to be performed and no agreement on changing the contents ofthe labor contract is reached after negotiations between the employer and theemployee. Article 41: Under any of the following circumstances, if it isnecessary to lay off 20 or more employees, or if it is necessary to lay off lessthan 20 employees but the layoff accounts for 10% of the total number of theemployees, the employer shall, 30 days in advance, make an explanation to thelabor union or to all its employees. After it has solicited the opinions from thelabor union or of the employees, it may lay off the number of employees uponreporting the employee reduction plan to the labor administrative department: 1.It is under revitalization according to the Enterprise Bankruptcy Law; 2. Itencounters serious difficulties in production and business operation; 3. Theenterprise changes products, makes important technological renovation, oradjusts the methods of its business operation, and it is still necessary to lay offthe number of employees after changing the labor contract; or 4. The objectiveeconomic situation, on which the labor contract is based, has changedconsiderably and the employer is unable to perform the labor contract.