26 November 2023
Published by:
Fiorella Chiavetta
"It is the dream of many, to pack bags, and come to Bali in order to leave behind the old life and settle on this beautiful island. A dream, that thousands of self-employed digital nomads and remote workers have made come true in recent years".
– extract from the website Bali.com
In the aftermath of the COVID-19 pandemic, the newfound flexibility and mobility of employees, coupled with the rapid advancements in technology, have opened doors to remote working. However employers may well find that Australian labour laws still apply to the digital nomads on their payroll.
Further, these arrangements can impact upon the employers’ tax obligations (click here to see our article ‘Tax considerations for mobile and remote workforces’).
The Fair Work Act 2009 (Cth) (FW Act) will apply outside the territorial limits of the Commonwealth, in connection with ‘Australian employers’ and ‘Australian-based employees’.
An Australian-based employee is an employee whose primary place of work is in Australia and is employed by an Australian employer.
Pursuant to section 35(3) of the FW Act, the FW Act will not apply if:
The first element (a) is resolved by the place where the employment contract is made. The...
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