CPPCC members suggested legislation to punish age discrimination in employment.

CPPCC members suggested legislation to punish age discrimination in employment.

CPPCC members suggested legislation to punish age discrimination in employment. The age threshold not only makes enterprises lose valuable talent groups, but also sends a negative signal to the society: people over 35 have lost their ability to work. CPPCC members suggested legislation to punish age discrimination in employment.

Councillor CPPCC suggested legislation to punish age discrimination in employment. 1 Are you over 35? During the two sessions, the 35-year-old employment discrimination was widely concerned, and many members and representatives made suggestions.

Hong BenQ, a member of Chinese People's Political Consultative Conference, an outstanding figure in China catering for 30 years, and a young entrepreneur mentor in China, suggested that relevant departments can punish age discrimination in employment through legislation.

Hong Mingji pointed out that at the beginning of reform and opening up, young cadres at the grassroots level were divided by 35 years old. Now the economy is changing with each passing day, but the age standard is stagnant. The age conditions blindly set by employers not only lead to difficulties in job hunting, but also greatly hit the self-confidence of job seekers, and even lead to new social contradictions and undermine the overall situation of harmony and stability.

This "age threshold" will not only hinder the development of enterprises, but also send a negative signal to the society, that is, people think that people over 35 have lost their ability to work.

In fact, people around the age of 35 are experienced, which is the golden age of hard work.

Hong BenQ suggested that government agencies and state-owned enterprises can play a leading and exemplary role, and explore the 35-year-old limit for opening civil service examinations, starting from developed areas such as Beijing, Guangzhou and Shenzhen.

Prior to this, Jiang Shengnan, deputy to the National People's Congress and screenwriter, also suggested that the age limit for national civil servants under the age of 35 should be abolished.

She said that 35 years old is the best golden age for a person to do business, and it is also a difficult stage of life. There are old people in the world and young people in the world.

Many people over the age of 35 encounter age discrimination in their second jobs. There should be no such discrimination. The most important thing is to look at people's ability and serious work attitude.

Councillor CPPCC suggested legislation to punish age discrimination in employment. At this year's two sessions, Hong Mingji, a member of the Chinese People's Political Consultative Conference and executive director and chief executive officer of Hexing Group Holdings Limited, called on relevant departments to punish the "35-year-old" employment discrimination through legislation.

Hong Mingji said that "under 35 years old" is one of the recruitment requirements of many units. Many years ago, education was a threshold. Now entering the workplace for more than ten years, age is another threshold. "This phenomenon not only occurs in some enterprises, but also limits the age of civil servants to under 35 in some areas."

He recalled that when he returned to China to start a business 30 years ago, the age dividing line for young grassroots cadres was under 35. At that time, he felt that reform and opening up not only invigorated the economy, but also attached importance to the cultivation of talents. "However, after more than 30 years, our economic level is changing with each passing day, but the standard for measuring the age of talents has stagnated."

In Hong Mingji's view, 35-year-old young people have gained experience and experience after more than ten years of work, and their abilities have also been experienced and accumulated, which is the best age for work, struggle and hard work.

"Employers sometimes blindly set various conditions, making it difficult for young people to find jobs. Many units have set a threshold of 35 years old. Is there any basis? " Hong Mingji believes that the age threshold not only makes enterprises lose valuable talent groups, but also sends a negative signal to the society: people over 35 have lost their ability to work.

"I call on relevant departments to study and establish relevant laws to punish age discrimination, and play a leading and exemplary role in the government and state-owned enterprises, and explore the liberalization of the 35-year-old limit for civil service examinations, even starting directly from economically developed cities such as Beishangguang." Hong Mingji said.

Members of China People's Political Consultative Conference suggested that legislation should be made to punish age discrimination in employment. There are many news hotspots in this year's two sessions. To say which labor topic is the hottest, I am afraid it must be "the workplace breaks through the 35-year-old threshold." Jiang Shengnan, Lin Yong and other representatives have expressed their opinions on this, and rushed to the hot search for many times.

There are indications that age discrimination has become a very common and concerned issue in the field of labor and employment. The negative effects caused by it, such as wasting talents, not conducive to the balanced development of human resources and aggravating women's employment difficulties, can not be ignored. This year's government work report solemnly declares, "Resolutely prevent and correct employment discrimination such as gender and age, and strive to solve outstanding problems that infringe upon the legitimate rights and interests of workers."

So, how to prevent and correct it, and how to crack it?

During the heated discussion, the deputies and relevant institutions put forward many suggestions, which were very insightful.

Representatives of Jiang Shengnan and Lin Yong agreed that we should start with government agencies and state-owned enterprises and institutions, take the lead in setting an example, gradually liberalize the 35-year-old limit for recruiting civil servants, and guide private enterprises and the whole society to eliminate age discrimination in employment; On the other hand, the Central Committee of the Democratic Progressive Party proposed that we should carry out legislative research on anti-employment discrimination in a timely manner, introduce anti-employment discrimination laws as soon as possible, and make legislative provisions on employment discrimination issues such as academic qualifications, gender, age and region at the height of special laws, so as to promote the revision and improvement of labor laws, employment promotion laws and other related laws.

Last year, in response to the hot news that it was difficult for a 45-year-old programmer to find a job, this website commented that it should be said that the legal basis for promoting employment equality and opposing employment discrimination in China is complete. The current Labor Law, Employment Promotion Law and other legal provisions provide a package of rights relief and institutional tools for workers who encounter employment discrimination such as age.

However, a large number of employment practices and judicial cases show that the problems of administrative law enforcement inaction, judicial passivity and misinterpretation of related system functions are more prominent.

For example, in the face of the anti-age discrimination demands of job seekers, the relevant departments and judicial organs often support the employment autonomy of enterprises and institutions on the pretext of setting the recruitment age "threshold" and "not violating the prohibition and mandatory provisions of the law", while ignoring or even ignoring the equal employment rights of workers.

For example, the current "Regulations on the Employment of Civil Servants" stipulates that the qualification for applying for the exam is "at least 18 years old and under 35 years old", which is only for the employment of national civil servants, not applicable to the employment of enterprises and institutions, and is not binding.

Moreover, this age requirement for civil servants is not a "death" requirement. The above-mentioned "Regulations" specifically stipulates: "With the approval of the competent department of civil servants at or above the provincial level, it may be appropriately adjusted. Competent departments and recruitment agencies may not set qualifications unrelated to job requirements. "

Therefore, it may be more realistic, effective and faster to break the "35-year-old threshold" in the workplace as soon as possible, make full use of the existing institutional resources, and actively start the existing legal tools to crack it, than to expect to enact a special law against employment discrimination.

The right to employment is the basic right given to citizens by the Constitution, and the employee's right to choose is the independent management right stipulated by ordinary laws for enterprises. They are quite different in the level of rights, legal effect and degree of protection. At the same time, labor laws such as labor law and employment promotion law belong to the category of social law and are special laws to adjust labor employment and employment behavior.

In case of employment disputes, labor laws and regulations should be applied first, not civil law or other laws and regulations. China's "Labor Law" only stipulates the minimum employment age and legal retirement age of workers, which shows that workers between these two ages are all working-age workers and enjoy equal employment rights and should not be discriminated against.

In the face of disputes over equal employment rights, judicial trials should avoid falling into mechanical legalism and simply judge cases according to scripts like primary school students do their homework, otherwise the professionalism of the law, the value of the trial and the dignity of the judiciary will all disappear.

Not only that. The Regulations on the Employment of Civil Servants belongs to the category of departmental regulations. The Civil Servant Law, the superior law on which the relevant departments formulated this provision, has no corresponding provisions on the upper limit of the age conditions for civil servants to apply. This means that the age limit for civil servants under the age of 35 in the regulations, regardless of the reasons and considerations, needs to be reviewed for legality or even constitutionality under the existing laws and regulations filing review system and constitutional supervision system.

According to the practice of the filing and examination system of "everything must be prepared, everything must be tried, and mistakes must be corrected" and the requirements of "strengthening the implementation and supervision of the constitution, promoting the unconstitutional examination, and safeguarding the authority of the constitution", the civil servant's application for the "35-year-old threshold" will be greatly broken.

Whether a person can engage in a certain job should only be related to the requirements of his ability and conduct, and has nothing to do with identity information such as age, gender, place of origin and race. This is a "big country" in the field of labor and employment.

Law, the end of rule. On the eve of the two sessions, when presiding over the thirty-seventh collective study in the Political Bureau of the Central Committee, the central leadership stressed that it is necessary to strengthen the rule of law to protect human rights, deepen the reform in the field of the rule of law, improve the mechanism of the rule of law to protect human rights, and realize the whole process and all-round coverage of respecting and protecting human rights in the whole chain, in legislation, law enforcement, justice and law-abiding, so that the people can feel fairness and justice in every legal system, every law enforcement decision and every judicial case.

Are the "every legal system", "every law enforcement decision" and "every judicial case" emphasized here worthy of serious consideration and profound understanding by relevant departments? !