数字经济背景下新就业形态中就业年龄歧视的法律规制研究
Research on Legal Regulation of Age Discrimination in New Employment Pattern under the Background of Digital Economy

“十四五”时期，是中国开启全面建设社会主义现代化国家新征程的时期，同时，也是数字经济加速成为世界经济增长新动能的关键时期。数字经济的快速发展催生出新产业、新业态，使得新就业形态发展迅猛，由此产生的一系列问题也日益凸显，其中就包括针对大龄劳动者的就业年龄歧视问题。年龄歧视在世界各地的各个领域中普遍存在，不仅有损个人尊严，也损害了各国经济和社会公平，还剥夺了民众的人权及其充分发挥各自潜力的能力。我国针对就业年龄歧视的立法尚属空白，完善反就业年龄歧视立法迫在眉睫。本文通过分析新就业形态特征、剖析我国就业年龄歧视之法律规制现状，试图得出规制就业年龄歧视之可行路径：即借鉴现行国家经验完善相关立法，并消解社会公众对大龄劳动者之成见。
The “14th Five-Year Plan” period is a time when China is embarking on a new journey to build a modernized socialist country, and at the same time, it is also a critical period when the digital economy is accelerating to become a new driving force for the world’s economic growth. The rapid development of the digital economy has given rise to new industries and new forms of business, resulting in the rapid development of new forms of employment, and a series of problems arising the refrom have also become increasingly prominent, including the problem of age discrimination in employment against older workers. Age discrimination is prevalent in various fields around the world, not only undermining the dignity of individuals, but also jeopardizing the economic and social equity of countries, and depriving people of their human rights and their ability to realize their full potential. There is still a gap in the legislation against age discrimination in employment in China, and it is urgent to improve the legislation against age discrimination in employment. By analyzing the characteristics of new employment forms and the current situation of legal regulation of age discrimination in employment in China, this paper tries to find a feasible way to regulate age discrimination in employment: That is, to improve the relevant legislation by drawing on the current national experience, and to dispel the public’s stereotype of older workers.