By consciously addressing the ‘gender contract’ at work, employers can dismantle barriers to gender equity and build a workplace where all employees have the opportunity to succeed.

HR professionals often talk about the social contract at work: how will our teams work together? How do we make decisions, communicate and share information?

The principle of the social contract allows us to consider the spoken and unspoken agreements that govern our daily practices and policies. 

These contracts don’t just manifest in a workplace environment; they govern our attitudes to behaviour, rules and authority in all aspects of our lives. In their ideal form, they can be a powerful force for good, fostering a sense of unity, cooperation and purpose. However, harmful or antiquated social contracts have the potential to perpetuate bias and unfair practices.

According to Marian Baird, author and Professor of Gender and Employment Relations at the University of Sydney, there is a particular social contract employers should consider in policy design, particularly when it comes to parental leave: the ‘gender contract’. 

This intangible contract is made up of a collection of unspoken and spoken guidelines that shape interactions between genders, assigning distinct tasks, worth, duties and expectations to men and women. These rules are often upheld across cultural and organisational frameworks, as well as the ways individuals are brought up within families.

As we strive for greater gender equity, there’s a pressing need to reassess how this contract shapes workplace policies and practices. 

“The gender contract should be integrated with the social contract, so that employers, industry [and] government as a whole are much more conscious of the way in which the lives of women as workers operate, as opposed to men as workers,” says Baird, who will be speaking at AHRI’s International Women’s Day virtual event on 12 March.  

“Once we do that, it’s much clearer and easier to see the sort of policies you need to address the unpaid care that women do, and to work out ways to share the care between men and women.”

Understanding the ‘gender contract’

Historically, the gender contract positioned men as the primary earners and women as caregivers. While society has evolved, some policy frameworks have lagged, continuing to reinforce outdated stereotypes. 

This traditional gender contract has tangible consequences. It contributes to the gender pay gap, limits women’s advancement into leadership roles, and restricts men’s participation in caregiving roles.

Baird points out that the disruption to work during the pandemic exacerbated the existing issue that unpaid domestic work is disproportionately performed by women. At the same time, women’s labour force participation is increasing, leaving many female workers struggling to balance work and care responsibilities. 

“Policies begin in a certain way. And it’s quite hard to shift them without a very radical intervention. And you see that in a lot of our policies around work, care and family.” – Marian Baird AO, Professor of Gender and Employment Relations, University of Sydney

Her research has also demonstrated that having a child delivers a boost in men’s hours of work, while women’s hours tend to decline without full recovery.

These issues are indicative of the need for policymakers to acknowledge the gender contract and adjust to the different demands and expectations placed on workers in their personal and professional lives. This is one of the central arguments made by Baird’s latest book, which she co-authored with Elizabeth Hill and Sydney Colussi, titled ‘Turning Point: Work, Care and Family Policies in Australia’.

Many of the pitfalls in existing processes come down to the fact that they lack a holistic approach, instead relying on reactive and incremental changes to existing policies, she says.

“Policies begin in a certain way. And it’s quite hard to shift them without a very radical intervention. And you see that in a lot of our policies around work, care and family,” she says.

“We need an approach that understands it’s a life course, it’s not just one-off events that interrupt our careers – it’s ongoing. And our policies, of course, don’t match that.”

This brings us to the eponymous ‘turning point’ in Baird’s latest book: can we harness the momentum of change in work and care to improve work experiences for parents and foster gender equity?

The role of HR in integrating work and care 

Rethinking the gender contract is not just about promoting fairness or equity, says Baird; it’s about creating workplaces that reflect the reality of our lives. By integrating work and care more effectively, organisations can unleash the full potential of their workforce, fostering environments where everyone, regardless of gender, can thrive.

The legislative landscape in the gender equity space is moving in a positive direction, she says – evidenced by recent industrial relations changes such as the end of pay secrecy clauses and the requirement for employers to publish their gender pay gap via the WGEA, which was introduced last week. 

Read HRM’s article on what the WGEA pay gap reporting requirements mean for employers.

However, in other areas, particularly surrounding care and parenthood, policy has yet to catch up with the expectations of the workforce. 

While many organisations have enhanced their parental leave and flexible work provisions to position themselves as an employer of choice, a stronger government safety net is needed to ensure employees in all sectors have access to the support they need, says Baird.

One of the most important roles employers play in addressing the gender contract is making it easier and less stigmatised for men to work fewer hours to engage in more care work. Research shows this is one area where Australia is lagging behind its global counterparts, and she stresses that closing this gap is essential to achieving pay equity in Australia.

The below graph details the distribution of paid parental leave among mothers and fathers in Australia compared to other countries.