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How to Protect Your Business from Legal and Compliance Risks While Keeping Full Control

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Stay Compliant and Confident Under New Legislation 

With the updated Aged Care Act and new care standards now in effect, providers are feeling the pressure to meet stricter compliance expectations while continuing to deliver quality service. The changes are necessary for better care—but they also bring higher operational demands, especially around workforce management, reporting, and data security.

For many organisations, that means stretched teams, growing admin work, and less time for what matters most: patient care. Some have turned to offshore staffing to ease the load, but not all approaches are equal. A recent case in Australia proved just how costly the wrong setup can be.

A Filipino contractor working for an Australian business was reclassified as an employee, exposing the company to wage entitlements, unfair dismissal claims, and tax liabilities. The decision changed how businesses view offshore hiring—showing that compliance can’t be an afterthought.

The Risks of Going Direct

Hiring offshore talent directly may look simple on paper, but without proper structure, it exposes businesses to risks that go beyond payroll and performance.

Employment Misclassification: Contractors can be legally viewed as employees under Australian law, creating liability for benefits and entitlements.

Legal Liability: Without local compliance knowledge, companies risk fines, disputes, and penalties.

No Local Support: When there’s no HR or IT infrastructure in place, even small issues can disrupt operations.

Single Point of Failure: If a key offshore worker leaves, it can leave critical functions hanging.

Reputational Damage: Headlines about exploitation or underpayment tarnish your brand. 

 

How To Offshore Smarter and Reduce Risks 

offshore talent, fully in your hands, without the legal risk. 

You Keep Control

Your offshore staff should function as an extension of your local team—not a separate one. Set clear responsibilities, performance metrics, and communication processes to ensure consistency and accountability.

Legal Employment and Operational Support

Partner with a provider that acts as an employer of record under Philippine law. This ensures offshore staff are legally employed, paid fairly, and covered under statutory benefits and tax obligations.

Partner with a Provider That Can Be Like an Extension of Your HR

Your provider should act like an extension of your HR and IT teams—handling performance records, learning programs, and technical logistics. Standard hardware, ISO-certified facilities, and secure systems all help maintain productivity and data protection.

…and an Extension of Your IT

Ensure the offshore provider supplies standard equipment like laptops and monitors. Maintain control over software, security policies, and tools. When internal IT capacity is limited, offshore logistics and hardware support can help keep operations running smoothly. Secure, ISO-certified workspaces and well-equipped offices also support productivity. 

Full Compliance Without Compromise

Cover all local obligations—labour laws, benefits, tax remittances. ISO 27001 and ISO 9001-aligned processes for data privacy and quality management are strong indicators that offshore operations are handled properly. 

Brand and Ethical Protection

Fair pay, safe working environments, and transparent HR systems not only protect a company’s reputation but also foster loyalty among offshore employees. 

 

These guidelines reflect the approach trusted providers follow to support offshore staffing without compromising control or compliance. To avoid the legal and operational risks that come with direct contracting, it’s essential to engage with a trusted partner that can manage employment responsibilities effectively. hammerjack not only acts as an employer of record under Philippine law, working behind the scenes to manage legal obligations, but also enables your offshore teams to operate as a seamless part of your business. 

 

What This Means for Your Business 

In an environment where compliance is under the spotlight, structure matters more than speed. Trusted offshore partners make it possible to expand capability, stay compliant, and protect your organisation from costly risks—all while keeping your focus on delivering care.

hammerjack supports aged care providers with fully compliant offshore staffing solutions under Philippine law, ensuring every role—from finance and admin to IT and data support—is handled securely, ethically, and efficiently.

Hiring offshore talent directly may seem efficient, but partnering with the right provider gives you the structure to scale responsibly and stay compliant as the industry evolves.

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