Short Answer
OnlineJobs.ph can help Australian businesses find Filipino talent, but hiring workers directly through a job board may create serious employment-law exposure. The Pascua v Doessel Group decisions show that an offshore worker may still be considered an employee under Australian law when the practical relationship resembles employment. Businesses should consider a Philippine Employer of Record, their own local entity or a properly structured managed staffing provider.
Key Takeaways
• OnlineJobs.ph is a recruitment marketplace, not a complete employment-compliance solution for Australian businesses.
• Directly engaging a Filipino worker can become risky when the person works fixed hours, receives close supervision and becomes integrated into the Australian company.
• In Pascua v Doessel Group, a Philippines-based worker was found to be an employee and later awarded A$10,800 for unfair dismissal.
• Australian companies can reduce risk by using an Employer of Record, establishing a Philippine company or choosing a genuine managed staffing model.
Why OnlineJobs.ph presents a risk for Australian employers
OnlineJobs.ph is a self described job board that claims to cut out “middlemen”. An Australian business can publish a job, interview applicants and begin working directly with someone on their website.
The “cutting out the middlemen” claim is also the source of the risk. Our Philippines based lawyers have investigated this, and we have decided to write this article that explains your legal risk as an Australian, if you decide to “informally” hire Filipino workers.
The problem is that OnlineJobs.ph helps businesses find candidates, but it does not by itself resolve who legally employs the worker, which country’s employment laws apply or what statutory obligations the Australian business may have.
For Australian companies, using OnlineJobs.ph as a direct hiring channel can therefore be a high-risk approach. Once a Filipino worker is performing an ongoing role, working regular hours, reporting to an Australian manager and operating inside the company’s systems, the relationship may resemble employment rather than a genuinely independent service.
The Fair Work Ombudsman’s guidance on independent contractors explains that employee or contractor status depends on the true nature of the relationship. Relevant factors may include the level of control, working hours, financial risk, the ability to delegate work and whether the engagement is ongoing.
A job-board profile, invoice or informal description of the worker as a freelancer does not necessarily determine the legal outcome. Australian businesses should view OnlineJobs.ph as a talent-sourcing platform, not as a substitute for a properly structured employment or staffing model.
What Pascua v Doessel Group changed
The risk became much clearer in Pascua v Doessel Group Pty Ltd. Joanna Pascua worked remotely from the Philippines as a legal assistant for an Australian business, which argued that she had been engaged as an independent contractor.
The Fair Work Commission’s 2024 decision found that she was an employee. The Commission considered the written documentation alongside the practical reality of the relationship, including how she performed her work, the business’s level of control and her integration into its operations.
Her location in the Philippines did not automatically prevent her from being considered a national system employee. An appeal against the employee-status decision was subsequently dismissed by the Fair Work Commission’s Full Bench.
In June 2025, the Commission found that Pascua had been unfairly dismissed. The Australian employer was ordered to pay A$10,800 in compensation, equivalent to 15 weeks of her weekly earnings.
The case does not mean that every Filipino freelancer automatically receives Australian employment protections. Coverage depends on the specific facts, including the contractual relationship, where the contract was formed, how the work is controlled and whether the worker falls within the Australian Fair Work system.
However, the warning for Australian businesses is difficult to ignore. Hiring people overseas in the Philippines does not necessarily place that working relationship beyond the reach of Australian employment law.
Option 1: Use a Philippine Employer of Record
An Employer of Record, or EOR, allows an Australian business to hire employees in the Philippines without first establishing its own local company. The EOR acts as the local employer and manages the agreed Philippine employment administration, while the Australian business directs the employee’s day-to-day responsibilities.
This model can suit businesses hiring their first Philippine employees, testing the market or building a smaller team. A reputable EOR company in the Philippines provides a clearer local employment structure than an unmanaged direct relationship created through a job board.
Businesses considering this route can also learn more about how an Employer of Record in the Philippines works, including the distinction between legal employment responsibilities and operational management.
Option 2: Establish your own Philippine company
Australian businesses planning a permanent or larger Philippine operation may prefer to establish their own local entity. The Philippine company can employ the team directly and provide a clearer foundation for management, payroll, intellectual property and long-term expansion.
This option also brings ongoing responsibilities. The company must manage Philippine registration, accounting, tax, payroll, permits, employee-related requirements and recurring corporate compliance.
Setting up a company in the Philippines should therefore be treated as the creation of a genuine local operation, not simply a one-time incorporation exercise. Businesses can also compare a Philippine EOR with setting up a company before deciding which model fits their hiring plans.
Option 3: Use a managed staffing provider
A genuine managed staffing provider offers a third option. A service such as VirtualStaff.ph can provide Australian businesses with a more structured way to build and support a dedicated Philippine team.
This is different from simply finding an individual on OnlineJobs.ph and beginning an unmanaged direct working relationship. A managed staffing model can provide a defined service structure, staff support and clearer allocation of responsibilities between the provider and the client.
Australian businesses should still review the provider’s employment model, contractual responsibilities, data-protection arrangements and operational support. Managed staffing can be particularly useful for companies that want dedicated remote staff but are not yet ready to establish their own Philippine entity.
Choose the hiring structure before recruiting
The Philippines remains an attractive outsourcing destination for Australian businesses. It offers a large pool of skilled English-speaking professionals across administration, finance, marketing, customer support, technology and other business functions.
The lesson from Pascua is not that Australian companies should avoid Filipino talent. It is that they should avoid casual, ambiguous or poorly structured direct hiring.
Using OnlineJobs.ph without first resolving employment status, jurisdiction and legal responsibility can create unnecessary exposure. The safer approach is to choose the legal and operational structure first, then recruit through that structure.
How Comply.ph Can Help
Comply.ph is a modern Philippine accounting and compliance firm that supports foreign businesses entering and operating in the Philippines.
Australian companies can use Comply.ph’s Philippine Employer of Record service to hire locally without first creating their own entity. Businesses planning a larger or permanent operation can instead receive support with establishing a Philippine company and managing its ongoing accounting, payroll, tax and compliance responsibilities.
This article provides general information and is not specific Australian or Philippine legal, employment or tax advice. Obtain specific professional advice based on your proposed hiring arrangement and specific circumstances.
FAQS
Is OnlineJobs.ph safe for Australian businesses?
OnlineJobs.ph can be useful for finding candidates, but it does not remove employment-law risk. Australian businesses still need an appropriate legal structure for engaging, paying and managing the worker or they risk severe financial consequences in Australia.
Can an overseas worker claim Australian employment protections?
Potentially. The outcome depends on the practical working relationship, the employer, where the contract was formed and the applicable provisions of the Fair Work system.
Is an EOR the same as a job board?
No. A job board helps businesses find candidates. An EOR provides a local employment structure and manages agreed employment, payroll and administrative responsibilities, ensuring an Australian business can eliminate the employment risk and liability.
Is managed staffing the same as direct hiring?
No. Direct hiring creates a relationship between the Australian business and the individual worker. A managed staffing provider operates through a defined service structure and may assume responsibilities that a basic recruitment marketplace does not. VirtualStaff.ph is the structured offshore staffing provider that we recommend.
