TRW & Co · Work passes and mobility
Fair Consideration Framework in Singapore: Job Advertising Before Hiring a Foreigner
The Fair Consideration Framework in Singapore requires employers to consider all candidates fairly before hiring a foreigner. For Employment Pass and S Pass applications, that means advertising on MyCareersFuture for at least 14 consecutive days, with an accurate salary range and no offer during that time, unless an exemption applies. Breaches can lead to work pass debarment.
Key pointExemption from advertising is not exemption from fairness. MOM can still scrutinise employers with weak COMPASS diversity or local employment scores, and pre-selecting a foreign candidate before advertising is a named breach that can cost renewals as well as new passes.
At a glance
14 consecutive days
MyCareersFuture advertisements must run at least 14 consecutive days before an EP or S Pass application, with no job offer made during that period.
Salary range rules
The advertised range must be visible, include the salary offered and its maximum must not exceed twice the minimum, according to MOM.
Five exemptions
Firms under 10 staff, fixed salaries of S$22,500 or more, roles up to one month, local transferees and intra-corporate transferees need not advertise.
Debarment up to 24 months
Discrimination can lead to work pass debarment of at least 12 months, up to 24 months, covering renewals as well as new applications.
False declarations prosecuted
MOM states false declarations of fair consideration can attract up to two years' imprisonment, a S$20,000 fine, or both under the EFMA.
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The short answer: what the Fair Consideration Framework in Singapore requires
The Fair Consideration Framework in Singapore requires employers to consider all candidates fairly, on merit, before hiring a foreigner. In practice it has two parts. A general duty, which applies to every employer, not to discriminate on non-job-related characteristics such as age, sex, nationality or race. And a specific job advertising requirement for Employment Pass and S Pass applications: the role must first be advertised on MyCareersFuture for at least 14 consecutive days, with no job offer made during that period.
Some vacancies are exempt from advertising, including roles in companies with fewer than 10 employees and roles paying a fixed monthly salary of S$22,500 or more. But exemption from advertising is not exemption from fairness. MOM can debar employers who breach the framework from hiring or renewing foreign employees, and false declarations of fair consideration can be prosecuted.
The legal framework: MOM policy, tripartite guidelines and the EFMA
The framework is administered by the Ministry of Manpower. MOM's Fair Consideration Framework page describes it as setting out requirements for all employers in Singapore to consider the Singapore workforce fairly for job opportunities, and states that all employers are expected to follow the Tripartite Guidelines on Fair Employment Practices. Complaints of discriminatory advertisements or HR practices go to the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP).
The advertising requirement is a condition of the work pass process rather than a stand-alone statute. Its legal teeth come from MOM's control of work passes and from the Employment of Foreign Manpower Act 1990: MOM states that employers or key personnel convicted of making false declarations that they considered all candidates fairly face imprisonment of up to two years, a fine of up to S$20,000, or both.
The landscape is also changing. The Workplace Fairness Act will put anti-discrimination duties on a statutory footing for larger employers, and MOM has said it aims for it to take effect at the end of 2027. Our Workplace Fairness Act checklist explains how the two regimes fit together.
Who the Fair Consideration Framework in Singapore applies to
The fairness duty applies to every employer in Singapore, whatever its size and whether or not it employs foreigners. The advertising requirement is narrower: it is triggered when an employer applies for an Employment Pass or S Pass. Work Permit applications are not subject to the MyCareersFuture advertising step, although the general duty not to discriminate still applies to how those workers are recruited and treated.
The Fair Consideration Framework in Singapore also reaches intermediaries. MOM says employment agencies are expected to uphold the tripartite guidelines and the framework when they recruit for clients, so an employer cannot outsource responsibility for a discriminatory shortlist or advertisement to its recruiter.
The MyCareersFuture advertising requirement in detail
MOM's pages for the Employment Pass and S Pass set out the same advertising rules. Employers must declare the corresponding MyCareersFuture advertisement ID when they apply, and MOM will reject applications linked to advertisements that are discriminatory or do not accurately represent the job.
| Requirement | What MOM requires | Common failure |
|---|---|---|
| Duration | Open for at least 14 consecutive days; a reposted advertisement must again run 14 consecutive days | Applying on day 12, or closing early once a preferred candidate is identified |
| No early offer | No job offer to any candidate during the mandatory advertising period | Offer letter dated before the advertisement has run its full period |
| Matching details | Advertised occupation must match the pass application; the applying employer must be the advertiser | Group company advertises but a different subsidiary applies |
| Salary range | Visible to all candidates, not too broad (maximum no more than twice the minimum) and including the salary offered | Hidden salary or a range that excludes the actual offer |
| Changes | Any change to entity number, occupation, salary or number of vacancies requires a new advertisement and a new 14-day period | Editing salary mid-way and applying on the old advertisement |
| Validity | Advertisements expired or closed for more than 3 months cannot be used | Relying on an old campaign for a new hire |
| Vacancies | Number of pass applications linked to one advertisement cannot exceed the vacancies advertised | Using a single-vacancy advertisement for several hires |
MOM has adjusted the minimum advertising period over time; in 2020 it extended the advertising requirement to S Pass applications and lengthened the period. Always check the current figure on MOM's page before planning a hiring timeline, rather than relying on older guidance. Our page on S Pass and Work Permit applications covers the mid-skilled pass requirements that sit alongside these rules.
Exemptions from advertising
MOM lists the following situations in which an employer does not need to advertise on MyCareersFuture before applying for an Employment Pass or S Pass:
- The company has fewer than 10 employees.
- The fixed monthly salary for the vacancy is S$22,500 or more.
- The role is short-term, lasting not more than one month.
- The role is to be filled by a local transferee, meaning an existing employee transferring from a related branch, subsidiary or affiliate in Singapore.
- The role is to be filled by a candidate applying as an overseas intra-corporate transferee.
Two cautions apply. First, MOM states that all employers must practise fair hiring even where their vacancies are exempt from advertising, and strongly encourages advertising anyway. Second, the exemptions are applied to the facts: headcount, the salary component that counts as fixed, and the genuineness of a transfer may all be examined. An exempt role filled through a process that excluded local candidates can still lead to action under the framework.
Treat the 14-day advertising window as a real recruitment exercise, not a formality. Screen and, where suitable, interview local applicants, record the job-related reasons for each decision, and only issue the offer after the period ends. MOM says firms should keep interview and job offer records for at least one year in case of a complaint.
The FCF watchlist and additional scrutiny
Beyond individual applications, MOM monitors employers' workforce profiles. In a 2020 press release, MOM said employers whose professional, managerial, executive and technical workforce profiles suggest a bias against locals would be placed on a watchlist, with their Employment Pass and S Pass applications subject to greater scrutiny. It said it would also engage firms whose Singaporean core was weakening or whose pass holders were overly concentrated from a single source.
MOM's current FAQ on monitoring adds that companies may face additional scrutiny if they have weak workforce profiles, including poor scores on the COMPASS criteria for diversity (C3) and support for local employment (C4), or if there have been repeated complaints of discriminatory hiring. That links the Fair Consideration Framework in Singapore directly to COMPASS, which we explain in our COMPASS assessment guide.
Being under scrutiny is not itself a penalty, but it changes the economics of hiring. Applications may take longer, MOM may ask for hiring records and workforce plans, and the margin for error in advertising and selection narrows.
Penalties for breaching the framework
MOM says it strengthened the penalties for discrimination from January 2020. The minimum period of work pass debarment is 12 months, and up to 24 months for more egregious cases. Debarment covers renewals as well as new applications. Because most passes last two to three years, MOM notes that a 12-month debarment can prevent one-third to half of an employer's passes from being renewed, and a 24-month debarment can stop all renewals and all new foreign hires.
MOM gives examples of conduct it treats as a breach: going through the motions of advertising after a foreigner has been pre-selected without reviewing MyCareersFuture applicants, and posting discriminatory advertisements. Employment agencies acting for employers are expected to meet the same standards. False declarations of fair consideration can be prosecuted under the Employment of Foreign Manpower Act, with the personal exposure for key personnel described above.
A compliant hiring process, step by step
- Define the role on job-related criteria. Write the requirements in terms of skills, qualifications and experience the job actually needs. Remove preferences about age, gender, race, religion or nationality unless a genuine requirement applies.
- Check exemptions honestly. Confirm headcount, fixed monthly salary, duration and transfer status. If the role is exempt, decide whether to advertise anyway for a wider pool.
- Post on MyCareersFuture. Use the same entity that will apply for the pass, the matching occupation, a visible salary range that includes the intended offer and no more than the permitted spread.
- Run the full period. Keep the advertisement open for at least 14 consecutive days and make no offer during that time. If any key details change, repost and restart the clock.
- Assess applicants on merit. Screen every applicant against the same criteria, interview suitable local candidates and record reasons for shortlisting and rejection.
- Decide and document. Record why the chosen candidate was selected over others. Keep interview and offer records for at least one year, as MOM advises.
- Apply and declare accurately. Submit the pass application with the advertisement ID. Make the fair consideration declaration only if it is true.
Illustrative scenario: a regional tech firm hires a product lead
This scenario is illustrative only and uses generic parties. A Singapore technology company with 60 employees wants to hire a product lead currently working for its affiliate in another country. The hiring manager has already agreed terms informally with the candidate. HR posts an advertisement on MyCareersFuture with a salary range of S$8,000 to S$20,000 and a requirement for “native English speakers”.
Several problems arise. The candidate is not a local transferee, so the advertising requirement applies unless the overseas intra-corporate transferee route is genuinely available. The salary range is too broad because the maximum exceeds twice the minimum. The language requirement is likely to be read as discriminatory. And the informal agreement looks like pre-selection, which MOM specifically identifies as a breach.
The fix is to restart properly: assess whether the intra-corporate transferee route applies; if not, repost with a compliant range and job-related language requirement (such as business fluency), run the full period, interview the strongest local applicants and document the decision. That approach also protects the company's COMPASS profile and future applications under the Fair Consideration Framework in Singapore. Where an application has already been rejected, our guide to Employment Pass appeals explains the options.
Risks and common mistakes
Pre-selecting the foreign candidate
MOM names this as a typical breach: advertising after a foreigner has been chosen and not reviewing MyCareersFuture applicants. Informal promises, early offer letters and internal emails saying the role is “for” a named person are the evidence that proves it.
Keep internal communications neutral until the advertising period ends, and make sure hiring managers understand why.
Discriminatory wording in advertisements
Phrases that signal preferences for age, gender, race, religion, nationality or language background can lead MOM to reject the linked application and may trigger a TAFEP complaint. MOM's pass pages link to examples of discriminatory words and phrases.
Have HR or legal review every advertisement template, especially where recruiters or agencies draft them.
Treating exemptions as a fairness waiver
An exemption removes the need to advertise on MyCareersFuture. It does not remove the duty to consider candidates fairly, and MOM may still act on complaints or weak workforce profiles.
Run a documented selection process for exempt roles too, particularly senior roles where scrutiny is higher.
Poor record-keeping
MOM's FAQ warns that if an employer cannot produce documents supporting its hiring decisions when asked, that may imply it is not committed to fair hiring. Records spread across email accounts and recruiters' systems are hard to retrieve under time pressure.
Centralise hiring records per vacancy and keep them for at least one year, longer if your employment policies or the pending Workplace Fairness Act make that prudent.
Letting recruiters run the process unchecked
Agencies and executive search firms often draft advertisements, screen applicants and handle offers. If their practices breach the Fair Consideration Framework in Singapore, the consequences fall on the employer that applies for the pass and signs the declaration.
Include fair hiring obligations, record-keeping and cooperation duties in recruitment agreements, and spot-check shortlists and advertisements before they go live.
Cross-border angle and how TRW & Co helps
Multinational employers often apply headquarters recruitment practices that do not fit Singapore's framework: global salary bands too wide for MOM's range rule, informal internal moves treated as transfers, or offers made before local advertising has run. Groups relocating staff from Bangladesh, the UK, the UAE, China or Europe need to align those practices with the Fair Consideration Framework in Singapore before the first application.
TRW & Co advises on work pass strategy, hiring process design and responses to MOM or TAFEP queries, working with Singapore-qualified counsel where representation is required. Our Employment Pass applications team reviews advertisements, exemption claims and documentation before filing. Contact us if you are planning a foreign hire or have received a query about hiring practices.
Checklist before you apply for a work pass
- Confirm whether an advertising exemption genuinely applies and record why.
- Post on MyCareersFuture from the same entity, for the same occupation, with a compliant salary range.
- Remove discriminatory or non-job-related requirements from the advertisement.
- Keep the advertisement open for at least 14 consecutive days and make no offer during that time.
- Repost and restart the period if key details change.
- Interview suitable local applicants and record job-related reasons for each decision.
- Keep interview and offer records for at least one year.
- Monitor your COMPASS diversity and local employment scores.
- Make the fair consideration declaration only when it is accurate.
Frequently asked questions
01How long must a job be advertised before applying for an Employment Pass?
MOM's current guidance is that the MyCareersFuture advertisement must be open for at least 14 consecutive days before the Employment Pass or S Pass application, and no job offer should be made during that period. If you change key details such as the entity number, occupation, salary or number of vacancies, you must post a new advertisement and keep it open for another 14 consecutive days. Advertisements closed or expired for more than three months cannot be used.
02Which jobs are exempt from the FCF advertising requirement?
MOM lists five exemptions: companies with fewer than 10 employees; vacancies with a fixed monthly salary of S$22,500 and above; short-term roles of not more than one month; roles filled by a local transferee moving from a related branch, subsidiary or affiliate in Singapore; and roles filled by a candidate applying as an overseas intra-corporate transferee. Employers must still practise fair hiring for exempt roles, and MOM encourages advertising them anyway.
03What is the FCF watchlist?
It is MOM's mechanism for closer scrutiny of employers whose workforce profiles suggest bias against local candidates. MOM said in 2020 that such employers' EP and S Pass applications would face greater scrutiny, and that it would also engage firms with a weakening Singaporean core or a concentration of pass holders from one source. MOM's current FAQ says weak COMPASS diversity or local employment scores, or repeated complaints, can lead to additional scrutiny.
04Can a job advertisement say Singaporeans and PRs only?
Yes. MOM's FAQ says employers may show preference for local workers over foreign workers for genuine business and employment reasons, such as long-term workforce stability and local knowledge. What employers must avoid is discrimination on non-job-related characteristics such as age, sex, race or religion, and advertisements that misrepresent the role or salary. Preferences that disadvantage local candidates in favour of foreigners are what the framework targets.
05What happens if MOM finds we did not consider candidates fairly?
MOM can debar the employer from applying for new work passes and renewing existing ones. The minimum debarment is 12 months and can be up to 24 months for egregious cases. MOM may also reject linked applications. Employers or key personnel who falsely declare that they considered all candidates fairly can be prosecuted under the Employment of Foreign Manpower Act, facing up to two years' imprisonment, a fine of up to S$20,000, or both.
06How long should we keep hiring records under the FCF?
MOM's FAQ says employers should keep interview and job offer records for at least one year, in case a complaint of discriminatory hiring is made. If an employer is asked and cannot produce documents supporting its hiring decisions, MOM says that may suggest it is not committed to fair hiring. Many employers keep records longer, particularly ahead of the Workplace Fairness Act taking effect.
Sources and official materials
- MOM: Consider all candidates fairly before you apply for an Employment Pass — Advertising accuracy, duration, no-offer rule and exemptions for EP applications
- MOM: Consider all candidates fairly before you apply for an S Pass — Equivalent advertising requirements for S Pass applications
- MOM: Fair Consideration Framework — Scope of the framework, penalties and debarment
- MOM FAQ: How MOM monitors job advertisements and fair consideration — Advertisement ID declaration and additional scrutiny criteria
- MOM FAQ: Keeping records of interviews and job offers — Recommended one-year retention of hiring records
- MOM press release: Tightening of work pass requirements (August 2020) — S Pass extension of advertising requirement and FCF watchlist
- TAFEP — Tripartite Guidelines on Fair Employment Practices and complaints
- Employment of Foreign Manpower Act 1990 (Singapore Statutes Online) — Offences including false declarations in work pass applications
General information only, current as at 20 October 2026. It is not legal advice and does not create a lawyer–client relationship. Singapore law and regulatory practice change; check current official sources and take advice on the facts of your matter.
