The application of Philippine labor laws beyond its territorial boundaries is often discussed in the context of overseas Filipino workers (OFWs), who are protected despite being outside the country. With the rise of technology, a new employment arrangement involving Filipino freelancers and independent contractors working for foreign-based employers has emerged. These workers are often overlooked in terms of labor law protection which opens up the discussion on whether foreign-based employers hiring Filipino workers in the Philippines are subject to local labor laws and what responsibilities they may have. For OFWs, it is clear that the Labor Code of the Philippines applies. However, for Filipino workers in the Philippines that are employed by foreign-based principals, there seems to be a gap in regulation.
This webinar will explore the responsibilities and liabilities of foreign-based employers, which can be grouped into three categories:
(a) Foreign-based principals who engage independent contractors and therefore have a direct contractual relationship with them.
(b) Foreign-based principals who incorporate a local subsidiary in the Philippines, which in turn will serve as employer of local workers.
(c) Foreign-based principals who engage a separate local company that will serve as employer of local workers.
