Contractualism and the Employment Contracts Act 1991: Can they Deliver Equality for Women?

Abstract

This article addresses the question whether employment equality for women is even possible under the current provisions of the Employment Contracts Act, which rely on the principles of contract to regulate the employment relationship. The article inequality of women's lack of bargaining strength under the past and present employment regulatory frameworks, and discusses the relationship between women's poltical power and contractual bargaining strength.

Women in the workforce: still unequal after all these years?

“…However, there were many that expressed doubt about the Employment Contracts Act, pointing to the weak bargaining position of women 49 and the inequality that employers and employees bring to negotiations. 50 That inequality was most pronounced in low-wage jobs. Those who predicted the Employment Contracts Act did not have any advantages for women were soon proven correct 51 as the pay gap between men and women started to stagnate and widen.…”