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就业中的年龄虽然不属于被我国劳动法明文禁止的歧视范围,但是劳动法赋予了劳动者平等就业的权利。就业中社会现实状况与劳动法规定的平等就业存在较大的差距,用人单位在就业劳动力市场供大于求的情况下,立法的缺位,缺少监督,导致了用人单位实际对劳动者实行了不合理的年龄差别以及教育文化条件区别对待,应聘者的法律意识、权利保护意识的缺失,都严重限制、剥夺并影响了劳动者平等就业权利的实现。
Although the age of employment does not belong to the scope of discrimination that is expressly prohibited by our labor law, labor law gives laborers the right to equal employment. There is a big gap between the actual social conditions of employment and the equal employment provided for by the Labor Law. When employers provide oversupply in the labor market for employment, the absence of legislation and lack of supervision lead to the fact that the employing units actually employ no Reasonable differences in age and education and cultural conditions of discrimination, the candidate's legal awareness, lack of awareness of rights protection, are severely restricted, deprived and affected the realization of equal employment rights of workers.