Research On Chinese Legal System Of Prohibiting Age Discrimination In Employment

It’s obviously unreasonable for the state organs, public institutions and enterprises to make age limit in employment a essential job requirement. Employers set this requirement to make sure workers adapt to the positions, but there is no evidence shows that the elder employees do not have the operational capability. Through age limit, employers disfranchise some people’s employment right, and this behavior is a age discrimination. However, our government has no stipulations on age discrimination which leads people believe that the age limit is natural, and this situation is very dangerous.The researches on age discrimination in our academia include whether to legislate agains it or not, the identification of it, and the introduction of relevent Western legal system. However, there is little research on the design of our specific legal system. This paper firstly introduces the conception of age discrimination in employment, then analyzes the status of the age discrimination in employment in China to indicate the serverity of the problem. At last, considerating China’s actual situation and the related foreign systems, the author designs the specific legal system of prohibiting age discrimination in employment, wishing it can help our country to build legal system of prohibiting age discrimination in employment. This paper is divided into three parts:Part ?: This part includes the conception of age discrimination in Employment, the analysis on current situation of age discrimination in employment in China, and the legitimacy of prohibition of age discrimination in employment.Part II: This part summarizes the provisions of prohibiting age discrimination in employment of Europe and America. The provisions include the body, the definition of this behavior, and the remedy procedure. According to the provisions of Europe and America, the author explores the relevant legal system which is suitable for China. The author hopes this paper can provide a reference for China to formulate a legal system of prohibiting age discrimination in employment.Part III: Considerating China’s actual situation and the legislaive experience of Europe and America, this part designs the content of prohibiting age discrimination in employment law. It makes clear the benefit position, the target group and the legislative form, and designs the specific provisions of legal system of prohibition of age discrimination in employment.