Due to the influence of traditional "filial piety" culture, the dualistic labor market and social insurance system, and the impact of compulsory retirement in the planned economy era, China 's legislative and judicial level excludes older workers from employment and denies them subjective qualifications, age discrimination, and violations of the substantive justice value of labor laws. To promote employment for elderly workers, countries such as the United States, South Korea, and Japan have enacted employment protection legislation for older workers. However, due to discrepancies in population structure and employment systems in different countries, there are major differences in regulatory pathways and the system design. With the acceleration of China's population aging and the establishment of a national strategy for active aging, China's employment regulation for elderly workers should shift from exclusion to promotion. Research shows that a number of measures should be made to promote China's employment for elderly workers, such as taking elderly workers into the scope of labor law protection, allowing employers to discriminate reasonably against elderly workers in terms of employment conditions, establishing a benchmark employment ratio for older workers, revising the "Unemployment Insurance Regulations" and other methods.