营业转让是用人单位具有一定机能性财产的一体转让,劳动关系已成为营业转让的重要标的和要价筹码。营业转让时劳动者与生产资料继续保持结合,劳动关系转移不违背其人身属性。应在立法中明确规定营业转让时劳动关系随转制度,买受企业应无条件接受原有职工,原职工在劳动条件、福利待遇等不变的情况下不得解除劳动合同。 Business transfer is the employer has a certain degree of functional property transfer, labor relations has become an important business transfer of the subject and asking chips. In the process of business transfer, the workers and the means of production continue to be combined, and the transfer of labor relations is not contrary to their personal attributes. The legislation should clearly stipulate that the labor relation should be transferred with the transfer of labor at the time of business transfer. The buying enterprises should unconditionally accept the original staff and workers, and the former staff members may not terminate the labor contract under the conditions of labor conditions, benefits and other conditions.