Chen Qian, Law School

Abstract: China has a lot of population. The employment directly related to the survival of the majority of the people and the national’s harmony and stability. Employment is vital to people's livelihood and also the strategy of the country. Although our country's labor market is in continuous construction, but the employment discrimination still exists. In recent years，the age discrimination in employment is common, there are many threshold of the age from the civil service to enterprises and institutions. The existence of age discrimination in employment not only directly infringes the citizen's right of equality employment but also make a waste of resources whether to the individual or to the society. Along with the age discrimination question highlights, lack of the legal system s caused wide attention. Age discrimination ranges widely and its negative impact is the largest. In the face of practical needs, we cannot ignore the age discrimination in employment. Otherwise it would not conducive to the development of the employment market, also affect the stability of society. Therefore we must construct a law system which is suitable to China's national conditions to prohibit age discrimination in employment.

      The central task of this paper is constructing a legal system in accordance with the law to prohibit the age discrimination in employment. In the first part of this paper we start from the definition of age discrimination in employment and then we clarify the harm of age discrimination in employment and analyze the necessity of prohibiting age discrimination in employment. The study of age discrimination in employment in our country starts late and not in-depth. In order to prohibit the age discrimination in employment this paper introduces some advanced legislative experience of the United States, Japan and other countries in the second part. In the third part, combined with the actual phenomenon, this paper specifically points the problems of age discrimination in employment. Based on our country's legislation present situation and the first two parts, I put forward some suggestions on how to prohibit the age discrimination in employment. We need to establish the standards of determining and the basis of the litigation, allocate the burden of proof and built supervision mechanism. Besides, we can reference the foreign advanced experience to increase the support.

      The age discrimination in employment has seriously affected the normal operation of the labor market. So it is necessary to have research in the age discrimination in employment. We must start from the theory study. This paper starts exactly from this point, studying from the theory to practice by using a variety of research methods. I hope we can find a support of the legal system to prohibit the age discrimination in employment.

Read the full article here:   禁止就业年龄歧视法律制度研究.pdf