2010 Fiscal Year Final Research Report

Basic Research about The Status of Employees in The Situation of Hostile Takeovers

Research Project

Project/Area Number	21830078
Research Category	Grant-in-Aid for Research Activity Start-up
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Kyoto Gakuen University (2010) Kyushu University (2009)
Principal Investigator	HARA Hiroaki Kyoto Gakuen University, 法学部, 講師 (70546720)
Project Period (FY)	2009 – 2010
Keywords	企業買収 / 従業員 / 労働法 / 商事法 / 労働経済学 / 法と経済学 / イギリス法 / アメリカ法
Research Abstract	The researcher made a thorough survey about the status of target employees in the situation of takeovers which has been paid attention by Japanese scholars. The Survey was done by labor economics, law and economics, and research of foreign legal systems (U.K. law and U.S. law). In conclusion, the researcher justified Japanese approach which deal the problem above essentially with labor law since labor law system in Japan has been originally developed compared with other countries. In addition, the researcher affirmed that, in a certain situation, the management of target corporation may be permitted to pay special concern about its employees. In that situation however, the management should pay much attention to comply its duty of care.