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Employing Your First Contractor in the Philippines: What Australian Businesses Need to Know

Australian business owner on video call with Filipino contractor reviewing work documents

Published: January 2026

The Philippines has become a go-to destination for Australian businesses looking to build capacity without the cost of local hires. Virtual assistants, bookkeepers, customer support staff, and finance professionals are all readily available at a fraction of Australian salary rates.

The appeal is obvious. English proficiency is high. The time zone overlap with eastern Australia is manageable at two to three hours. Cultural alignment with Western business practices makes onboarding smoother than many other offshore destinations.

According to Matchboard data, the Philippines topped Australian outsourcing searches in 2025 with 29% of preferences, ahead of Fiji at 23% and India lower again. For communication-heavy roles and general business support, it remains the dominant choice.

But there is a catch. Many Australian businesses get the setup wrong, exposing themselves to compliance risks in both countries. Understanding the rules before you engage your first contractor can save significant headaches down the track.

Contractor vs employee: the distinction is important

The most common mistake Australian businesses make is treating someone as a contractor when the working arrangement looks more like employment.

Philippine labour laws are strict on this point. If a worker follows your schedule, uses your tools and systems, works full-time hours exclusively for you, and has no real ability to work for others, authorities may reclassify them as an employee. This can trigger back-pay for benefits, penalties, and ongoing obligations you did not anticipate.

The Australian Tax Office also pays attention to these arrangements. If a contract is "principally for labour" and the contractor works primarily for your business, you may have superannuation obligations even though the worker is overseas. This is an area where enforcement has increased in recent years.

The key indicators of a genuine contractor relationship include:

  • The worker controls how and when the work is done
  • They can work for multiple clients
  • They provide their own equipment and tools
  • They bear commercial risk (fixed-price work rather than hourly rates)
  • They have their own business registration and handle their own tax obligations

If your arrangement does not fit this profile, you may be creating an employment relationship whether you intended to or not.

Tax obligations on both sides

One of the advantages of engaging a genuine contractor in the Philippines is simplicity around tax. As an Australian business, you generally do not need to withhold tax from payments to Filipino contractors. They are responsible for their own tax filings with the Bureau of Internal Revenue (BIR).

However, you should still take steps to protect your position:

  • Request proof that the contractor is registered with the BIR and has a Tax Identification Number (TIN)
  • Ask for copies of official receipts for payments
  • Keep clear records of all payments and the nature of services provided

Filipino contractors earning above PHP 250,000 (approximately $7,000 AUD) are subject to income tax. They can choose between graduated rates of 0% to 35% or a flat 8% tax on gross income up to the PHP 3 million threshold. Above PHP 3 million annual gross receipts, they must also register for and charge 12% VAT.

This is their responsibility, not yours. But having documentation that they are handling their obligations properly protects you if questions arise later.

Common engagement models

There are three main ways Australian businesses engage Filipino workers:

1. Direct contractor engagement. You contract directly with the individual. They invoice you, you pay them, and they handle their own tax and compliance. This is the simplest and cheapest option for genuine contractor relationships. The risk is that if the arrangement is later reclassified as employment, you bear full responsibility.

2, Agency or outsourcing provider. You engage through a Philippine staffing agency or Business Process Outsourcing (BPO) provider. They employ the worker and handle all local compliance. You pay a fee that covers the worker's salary plus the agency's margin. This reduces your compliance risk but adds cost and a layer of separation from the worker.

3. Employer of Record (EOR). Similar to an agency, but the EOR becomes the legal employer of the worker while you direct their day-to-day activities. This is increasingly popular for roles that look more like employment than contracting. Major providers include Deel, Remote, and Oyster.

Many Australian SMEs start with direct contractor arrangements for virtual assistants and support roles. As teams grow or roles become more integral to operations, they often shift to an EOR model to reduce misclassification risk. This trend has accelerated with increased enforcement attention in both countries.


Payment methods and currency

Paying contractors in the Philippines is straightforward with modern payment platforms. Common options include:

  • Wise (formerly TransferWire). Low fees, mid-market exchange rates, fast transfers. Generally the most cost-effective option for regular payments.
  • PayPal. Widely used but higher fees, typically 3-4% plus exchange rate margins.
  • Direct bank transfer (SWIFT). Works but often involves fees at both ends and slower processing.
  • Payoneer. Popular with freelancers, moderate fees.

Most contractors prefer to receive payment in Philippine Pesos (PHP) to their local bank account. Wise and Payoneer both handle the conversion automatically. Agree upfront whether you are paying a fixed PHP amount or an AUD equivalent, as exchange rate fluctuations can create confusion.

Payment terms vary, but fortnightly or monthly payments aligned with your normal pay cycle are common. Net-30 terms may work for project-based arrangements.

Written agreements: what to include

A clear written agreement protects both parties. Key elements include:

  • Scope of work. What services will be provided, deliverables, and performance expectations.
  • Fees and payment terms. How much, when, and in what currency.
  • Term and termination. How long the engagement lasts and how either party can end it.
  • Confidentiality. Protection for your business information and client data.
  • Intellectual property. Critical: under Philippine law, IP created by a contractor belongs to the contractor unless there is a written agreement transferring it to you. Always include an IP assignment clause.
  • Independent contractor status. Explicit confirmation that the relationship is a contractor arrangement, the worker is responsible for their own taxes and compliance, and no employment relationship is created.
  • Dispute resolution. Which jurisdiction's laws apply and how disputes will be resolved.

The IP clause deserves emphasis. If your contractor creates content, code, designs, or other work product for your business, you need a written assignment or you may not own what you paid for.

Managing the relationship

Successful offshore contractor relationships require deliberate management. Some practical considerations:

Communication rhythms. Establish regular check-ins, whether daily standups or weekly reviews. Async communication via Slack or Teams works well given the time zone overlap, but scheduled video calls help build rapport.

Clear expectations. Document processes, provide training materials, and be explicit about quality standards. What seems obvious to you may not be to someone working in a different cultural context.

Performance feedback. Provide regular feedback, both positive and constructive. Filipino work culture tends toward deference and harmony, so direct but respectful communication about performance issues is important.

Tools and systems. Decide upfront who provides equipment and software. True contractors typically use their own tools. If you provide everything, it starts to look more like employment.

Time tracking. For hourly arrangements, use a time tracking tool and agree on how hours are reported and approved.

When to consider an Employer of Record

An EOR makes sense when:

  • The role looks more like employment than contracting (full-time hours, integrated into your team, ongoing indefinite relationship)
  • You want to provide benefits or a more stable arrangement for the worker
  • Compliance risk is a concern and you want to transfer that risk
  • You are scaling beyond one or two people and want consistent HR processes

EOR costs typically run $500 to $600 USD per employee per month with providers like Deel and Remote, plus the employee's salary and statutory benefits. This adds up, but it buys compliance certainty.

Many Australian SMEs use a hybrid approach: genuine project-based contractors engaged directly, while more embedded team members go through an EOR.

Common pitfalls to avoid

Misclassification. The biggest risk. If your contractor works exclusively for you, follows your schedule, and uses your systems, you may have an employment relationship regardless of what your contract says.

Inconsistent payments. Unreliable payment damages trust and retention. Set up automated payments and stick to the agreed schedule.

Lack of documentation. Keep records of contracts, invoices, payments, and evidence of the contractor's independent business registration. You may need these if questions arise.

Ignoring IP. Always include an IP assignment clause. Do not assume you own work product just because you paid for it.

Underestimating management time. Offshore contractors still need onboarding, training, feedback, and oversight. Budget time accordingly.

Frequently Asked Questions

Do I need to withhold tax when paying a Filipino contractor?

No. As an Australian business paying a genuine independent contractor in the Philippines, you generally do not withhold tax. The contractor is responsible for their own BIR filings and tax payments. However, you should request proof that they are registered with the BIR and keep records of payments.

How do I know if my worker is a contractor or employee?

Key factors include who controls how and when work is done, whether the worker can work for multiple clients, who provides equipment and tools, and whether the worker bears commercial risk. If the arrangement looks like employment (fixed hours, exclusive relationship, you provide everything), it may be classified as employment regardless of your contract.

What happens if my contractor is reclassified as an employee?

You may be liable for back-pay of employee benefits, penalties from Philippine authorities, and potentially Australian superannuation obligations if the contract was "principally for labour." This can be costly and time-consuming to resolve.

How much does an Employer of Record cost?

Major EOR providers like Deel and Remote typically charge around $599 USD per employee per month for their base service. Additional costs include statutory benefits, insurance, and potential onboarding fees. For a full breakdown, request quotes from multiple providers.

Who owns the intellectual property my contractor creates?

Under Philippine law, the contractor owns IP they create unless there is a written agreement assigning it to you. Always include an IP assignment clause in your contractor agreement to ensure you own the work product you pay for.

What is the best way to pay contractors in the Philippines?

Wise is generally the most cost-effective option, offering low fees and mid-market exchange rates. PayPal is widely used but charges higher fees. Direct bank transfers work but are slower and may incur fees at both ends. Agree with your contractor on currency and payment timing upfront.

How Scale Suite Helps Australian Businesses

Scale Suite supports Australian businesses building offshore finance teams.

We work with businesses across Australia who are scaling their operations without scaling their costs. If you are considering hiring in the Philippines or other offshore locations, we can help you get the structure right from the start.

Contact us at hello@scalesuite.com.au or visit scalesuite.com.au.

This article provides general information about engaging contractors in the Philippines. It is not legal, tax, or employment advice. We recommend consulting qualified professionals for your specific circumstances. Information is current as of January 2026; check official sources for updates.

About Scale Suite

Scale Suite delivers embedded finance and human resource services for ambitious Australian businesses.Our Sydney-based team integrates with your daily operations through a shared platform, working like part of your internal staff but with senior-level expertise. From complete bookkeeping to strategic CFO insights, we deliver better outcomes than a single hire - without the recruitment risk, training time, or full-time salary commitment.

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