A Study on the Balance of Enterprise Strategy and Employee Rights from the Perspective of Commercial Law

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Abstract

In a modern and diverse society, moral evaluation is diverse, while legal norms are clear and unique, backed by public power, which can serve as a benchmark for evaluating company behavior and a basis for enforcement. Encouraging commercial entities to engage in trade and pursue maximum benefits in institutional design has a clear private law nature. This article conducts research on the balance between corporate strategy and employee rights from the perspective of commercial law. The value of commercial law lies in ensuring the profitability of merchants or enterprises, so the goals pursued by commercial law are profitability, efficiency, safety, and minimizing risk costs as much as possible. The general principles of fairness, justice, integrity, and other legal principles are supplemented to constrain the company's behavior and ensure that the company bears social responsibility towards its employees. The transferee of a company's merger and acquisition should summarize the labor relationship of the transferee. From the perspective of commercial law, adopt administrative actions that limit or minimize the harm to employees' rights and interests, and make the harm caused by administrative actions compatible with the pursued administrative purpose.
商法视角下的企业战略与员工权利平衡研究
在多元化的现代社会中,道德评价是多元的,而法律规范则是明确而独特的,并以公权力为后盾,可以作为评价公司行为的基准和执行的依据。鼓励商业主体从事贸易,追求利益最大化的制度设计具有明显的私法性质。本文从商法的角度对企业战略与员工权利的平衡进行了研究。商法的价值在于保证商家或企业的盈利能力,因此商法追求的目标是盈利能力、效率、安全以及尽可能降低风险成本。补充公平、正义、诚信等一般法律原则,约束公司行为,确保公司对员工承担社会责任。公司并购的受让方应当对受让方的劳动关系进行汇总。从商法角度出发,采取限制或尽量减少对员工权益损害的行政行为,并使行政行为造成的损害与所追求的行政目的相适应。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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