| China is a populous country with a population of more than 1.4 billion and a labor force of 900 million,and solving the problem of employment is not only closely related to the survival of the people,but also has always been an important task of economic and social development,and employment is the greatest livelihood.In recent years,China’s labor market construction has been continuously improved,but the phenomenon of age discrimination in the job market has existed for a long time and is becoming more and more serious,age discrimination has also become a controversial topic in all walks of life,many employers in the recruitment stage have set an "age threshold" directly infringed on the equal employment rights of workers,destroyed the employment environment of fair competition,and hindered the construction of a harmonious society.Age discrimination occurs not only in enterprises,but also in state agencies,and the setting of age is arbitrary,and exists in all industries and stages of employment.With the prominence of the problem of age discrimination in real life,this also reflects the weak supervision of age discrimination in the current relevant legal system.Age discrimination in employment is the most widespread of the various types of discrimination,and the negative effects are also the largest.Although the current law already has provisions on employment discrimination,it only covers four situations,which is inevitably incomplete,ignoring the important factor of age and lacking legal regulation of age discrimination.Deeply reflect on the prohibition of age discrimination in employment,which is conducive to the development and progress of the entire job market and society.In addition to the introduction,this paper discusses the construction of the legal system prohibiting employment age discrimination from five parts: the first part mainly clarifies the relevant concepts of employment age discrimination through an overview of employment age discrimination,analyzes the difference and relationship between age discrimination and age limit,and expounds the theoretical basis of employment age discrimination and the necessity of prohibiting employment age discrimination.The second part mainly analyzes the current situation of China’s legal system and the results of typical judicial cases in age discrimination disputes.The third part summarizes the remaining problems in the system of prohibiting age discrimination in employment through the above analysis.Due to the inadequacy of relevant regulations and imperfect relief mechanisms,not only age discrimination,but also the entire employment discrimination legislation is difficult to solve practical problems,and discriminated workers cannot obtain relief.China’s research on employment age discrimination is not deep enough and started late,so the phenomenon of employment age discrimination should be effectively regulated from the legal level.In the fourth part,by combing the experience of the legal systems of the United States and Germany,and on the basis of absorption and reference,combined with China’s national conditions,this paper summarizes some enlightenment to solve the legal problems of employment age discrimination from the aspects of standard identification,establishment of specialized agencies,and clarification of liability clauses.Part V provides suggestions for addressing legal issues prohibiting age discrimination in employment.Work related to the prohibition of age discrimination in employment has been improved by adding provisions prohibiting age discrimination in existing laws,clarifying the defense grounds for employers to set age limits,reasonably allocating the burden of proof,and clarifying the legal responsibilities of employers who commit age discrimination. |
