| 英文摘要 |
According to Articles 16 and 17 of the Business Mergers and Acquisitions Act and Article 20 of the Labor Standards Act, when a“transfer”results in the disappearance of the original employer or the enterprise has ceased to operate, the employment contracts can be terminated. However, the new and old employers can initiate the procedure of negotiation on a continuous employment, but the employees can only accepted the employer’s decision, rather than make a own one. Refer to the Council Directive 2001/23/EC and Section 613a of the German Civil Code, which stipulate that when all or a part of the enterprise is transferred, the labor contract must automatically be transferred as well. These regulations protect the employees from unemployment just due to business mergers and acquisition. Moreover, the employees are entitled the rights of information, consultation and objection. Compared with EU and German Law, the Taiwan legal system still need a great improvement. |
