The Hidden Mental Health Crisis in Your Business—And How to Fix It

As a business owner, compliance extends beyond financial regulations—it includes workplace mental health laws. Whether managing onshore employees in Australia or offshore virtual assistants in the Philippines, prioritizing employee well-being is essential for retention, productivity, and engagement.

Understanding mental health laws in both countries ensures legal compliance while fostering a supportive work culture. Let’s explore the key regulations and how you can effectively manage your workforce.

Mental Health Laws in Australia

Australia enforces strict workplace mental health protections through:

Work Health and Safety (WHS) Laws – Employers must manage psychosocial risks such as workplace stress, bullying, and harassment.

Fair Work Act 2009 & Disability Discrimination Act 1992 – Employees with mental health conditions are protected from unfair dismissal and discrimination, requiring reasonable workplace adjustments.

Mental Health Leave Entitlements – Under the National Employment Standards (NES), full-time employees are entitled to 10 days of paid personal/carer’s leave per year, applicable to mental health concerns.

Right to Disconnect – As of 2025, Australian employees have the legal right to disconnect from work-related communications outside of their working hours, ensuring clearer boundaries between work and personal life to support mental health and wellbeing.

Mental Health Laws in the Philippines

For businesses that offshore staff to the Philippines, it’s important to ensure compliance with local mental health laws:

Mental Health Act of 2018 (RA 11036) – Employers must implement mental health policies, awareness programs, and protections against discrimination.

Labor Code of the Philippines – While there’s no dedicated mental health leave, employees can use sick leave benefits for mental health-related issues. Employers must ensure fair treatment and protection from unjust termination.

How to Support Your Virtual Assistants and Local Staff

Implement a Workplace Mental Health Policy – Ensure compliance with both Australian and Philippine laws.
Promote Work-Life Balance – Encourage reasonable workloads, flexible hours, and breaks.
Provide Mental Health Resources – Offer Employee Assistance Programs (EAPs) or partner with mental health professionals.
Encourage Open Conversations – Train managers to recognize stress and foster a stigma-free workplace.
Regularly Review Workplace Practices – Conduct surveys to assess the well-being of local and offshore employees.

Managing Offshore Employees? Our Employer of Record (EOR) Service Can Help

Ensuring compliance with Philippine labor laws while managing offshore virtual assistants can be complex. Our Employer of Record (EOR) service handles HR, payroll, and compliance responsibilities, ensuring your virtual assistants receive the necessary protections.

We provide:
Legal compliance with Philippine employment laws.
Mental health policy implementation for offshore teams.
Workplace well-being initiatives to support virtual assistants.

With our EOR service, you can confidently offshore operations while ensuring your team remains engaged and productive.

Supporting Onshore Teams? BrightHR Has You Covered

For businesses with onshore teams, Advice2Talent is a referral partner of BrightHR, a leading provider of HR, Work Health & Safety (WHS), and mental health support.

With BrightHR, you get:
24/7 employment advice for HR compliance, employee management, and performance concerns.
Workplace safety support, including risk assessments and compliance training.
Bright Wellbeing services, offering round-the-clock mental health counseling for employees and their families.

By partnering with BrightHR, you ensure your onshore team is legally compliant, mentally supported, and more productive.

Learn more and get an exclusive 10% discount by reaching out to BrightHR by emailing gianluca.fazio@brighthr.com.au with the subject Advice2Talent | BrightHR Referral.

Build a Stronger, Healthier Workplace

Prioritizing mental health helps protect your business, enhance employee well-being, and boost overall performance. Whether managing local staff or offshore virtual assistants, our EOR service and BrightHR partnership provide the right support for a thriving workforce.

Let’s chat about how we can help you create a healthier, more productive workplace!