The Fair Consideration Framework (FCF) is the rule that sits behind almost every Employment Pass and S Pass application: before you hire a foreign professional, you must give Singaporeans a fair shot at the job. In practice that means advertising on MyCareersFuture, writing the ad honestly, and never pre-selecting a foreigner. Get it wrong and the consequences run from closer scrutiny of your applications to a multi-year debarment. This guide sets out what the Ministry of Manpower (MOM) requires as at August 2026, who is exempt, and how to stay clear of the watchlist.

What the Fair Consideration Framework requires before you hire a foreigner

The FCF requires Singapore employers to consider local candidates fairly before hiring a foreign professional — in practice, by advertising the role on MyCareersFuture for at least 14 consecutive days and by not pre-selecting a foreigner for the job. It is administered by MOM together with the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP), and it applies to both Employment Pass and S Pass applications.

When you submit a work pass application, you declare that you have considered all candidates fairly. The FCF is a separate obligation from the points-based COMPASS assessment that decides whether an EP is granted, and from the EP salary thresholds — but all three must be satisfied on the same application. If you are still deciding between pass types, our EP vs S Pass vs Work Permit comparison sets out the trade-offs.

The MyCareersFuture rule: 14 consecutive days before an EP or S Pass application

Before submitting an Employment Pass or S Pass application, most employers must advertise the vacancy on the government’s MyCareersFuture portal for at least 14 consecutive days. The advertisement must be open to all candidates, and you should not make a job offer to anyone during this mandatory advertising window.

Two timing points catch employers out. First, the current requirement is 14 consecutive days — earlier figures such as 28 days no longer apply. Second, an advertisement that has expired or been closed for more than three months cannot be used to support the application; you must re-advertise. The same 14-day rule applies to both EP and S Pass roles.

Writing a compliant job ad: occupation match, salary range and wording

A compliant MyCareersFuture advertisement must be accurate and non-discriminatory, describe the same occupation you declare in the work pass application, and state a salary range whose maximum is no more than twice the minimum. These are practical compliance details that MOM checks, and a mismatch is a common reason for delay.

• Accurate and non-discriminatory: no wording that screens candidates by nationality, age, race, religion, sex or other protected characteristics.
• Occupation match: the job title and duties in the ad must correspond to the occupation declared in the EP or S Pass application.
• Salary range: state a range, and keep the maximum at no more than twice the minimum (for example, S$6,000 to S$12,000, not S$6,000 to S$20,000).

Who is exempt: the S$22,500 salary, sub-10-headcount, ICT and short-term carve-outs

Five categories of role are exempt from the MyCareersFuture advertising requirement: firms with fewer than 10 employees, jobs paying at least S$22,500 a month, roles lasting one month or less, internal transfers of existing local staff, and overseas intra-corporate transferees. Even where an exemption applies, the fair-hiring obligation does not disappear.

The S$22,500 threshold was raised to this level from 1 September 2023 and is pegged to roughly the top 10% of EP holders — senior management, C-suite and specialist roles. The small-company carve-out reflects the limited administrative resources of firms with fewer than 10 staff.

The ICT exemption is narrower than it looks. To qualify, the candidate must have worked for the company outside Singapore for at least one year before the posting, must be a manager, executive or specialist, and enters on a temporary basis for a limited duration under WTO GATS or an applicable FTA.

Exempt from advertising, not from fair hiring

An exemption from advertising is not an exemption from fair hiring — every employer must still consider all candidates fairly and comply with the Tripartite Guidelines on Fair Employment Practices, even when a vacancy does not need to be posted on MyCareersFuture. MOM is explicit that small firms remain expected to consider Singaporeans fairly for their jobs.

Two practices are prohibited regardless of exemption status: publishing a discriminatory job advertisement, and advertising a role after a foreigner has already been selected for it. Running an ad purely to satisfy the process, while the outcome is pre-decided, defeats the framework and exposes the employer to enforcement.

The FCF watchlist: what puts an employer on it and how to get off

MOM places employers on the FCF Watchlist when their workforce profile suggests discriminatory or non-transparent hiring, and getting off requires demonstrating improved recruitment practices to TAFEP. The following are the triggers MOM has described:

• An exceptionally high share of foreign PMETs compared with industry peers.
• A high concentration of a single foreign nationality in the workforce.
• Suspected pre-selection of foreigners over comparable local candidates.
• Non-compliance with the job advertising requirements.
• Complaints of discriminatory or unfair hiring practices.

Employers on the watchlist can expect their EP applications to be scrutinised closely and are required to work with TAFEP to improve their fair-hiring practices. Firms that are recalcitrant or uncooperative may have their work pass privileges curtailed. Exit from the watchlist depends on demonstrating genuinely improved recruitment practices to TAFEP — there is no fixed time limit. Related conduct is dealt with under MOM’s wider work pass enforcement regime.

Penalties: 12–24 month work-pass debarment and prosecution for false declarations

Employers found to have discriminated against locals face a work-pass debarment of 12 to 24 months, and a false declaration of fair consideration can lead to up to two years’ jail, a fine of up to S$20,000, or both. The debarment has applied since January 2020, when the minimum was raised from six months.

Declaring that you considered candidates fairly when the role was in fact pre-selected for a foreigner is a false declaration under the Employment of Foreign Manpower Act — the offence that carries the criminal penalty above. Because debarment hits renewals as well as new hires, a single finding can disrupt an entire team.

The Workplace Fairness Act: passed, but not in force until 2027

The Workplace Fairness Act was passed by Parliament in 2025 but is not yet in force; MOM intends it to commence in 2027, and until then the Tripartite Guidelines on Fair Employment Practices remain the operative standard. The first bill was passed on 8 January 2025 and the accompanying Workplace Fairness (Dispute Resolution) Bill on 4 November 2025. Some secondary commentary suggests a mid-2026 start date — that is incorrect.

Once in force, the Act will make it unlawful to make adverse employment decisions — in hiring, appraisal, training, promotion or dismissal — on the basis of age; nationality; sex, marital status, pregnancy status or caregiving responsibilities; race, religion or language; and disability or mental health conditions. These categories cover more than 95% of the discrimination complaints made to TAFEP and MOM. Small firms with fewer than 25 employees are exempt at the start, with that exemption to be reviewed by the tripartite partners after five years.

MOM has described a set of calibrated enforcement levers — educational workshops, administrative financial penalties and heavier civil penalties — rather than a single fixed fine. Disputes will follow a staged process: internal grievance handling first, then mandatory mediation, before a claim can be filed. Claims of up to S$250,000 go to the Employment Claims Tribunal under simplified procedures with no legal representation; claims above that go to the High Court.

FCF compliance checklist for HR before every work pass application

Before every EP or S Pass application, confirm that the role is either properly advertised or validly exempt, that the ad matches the declared occupation, and that no offer was made during the advertising window. Run through the following:

• Confirm whether the role is exempt (fewer than 10 employees, S$22,500+ salary, one-month role, internal transfer, or ICT) — if not, advertise.
• Post the vacancy on MyCareersFuture for at least 14 consecutive days.
• Ensure the advertisement is accurate, non-discriminatory and matches the occupation you will declare.
• State a salary range with a maximum no more than twice the minimum.
• Make no job offer to any candidate during the advertising window.
• Check the ad has not expired or been closed for more than three months before you apply.
• Keep records that show locals were genuinely considered — useful evidence if you are ever queried.

How Asprin builds FCF compliance into EP filings

Asprin (MOM EA Licence 25C3163) builds FCF compliance into every EP and S Pass filing — checking whether the role must be advertised or is validly exempt, aligning the advertisement with the occupation you declare, and flagging watchlist risk before you submit. A named specialist reviews your case on the same business day.

Our Employment Pass filing is a fixed all-in fee of S$1,078 for a new application and S$748 for a renewal, with MOM fees included. See the full scope on our work passes service page, or read the step-by-step Employment Pass guide for the wider application picture.

FAQ: common Fair Consideration Framework questions

How many days must I advertise on MyCareersFuture?

At least 14 consecutive days before submitting the EP or S Pass application. Earlier figures such as 28 days no longer apply.

Does the 14-day rule apply to S Pass applications too?

Yes. The MyCareersFuture advertising requirement applies to both Employment Pass and S Pass applications.

Can I make a job offer during the advertising period?

No. You should not make an offer to any candidate during the mandatory advertising window — doing so undermines the fair-consideration declaration.

My company has eight employees — do I still need to advertise?

No. Firms with fewer than 10 employees are exempt from advertising, but you are still expected to consider Singaporeans fairly and to follow the Tripartite Guidelines.

Is the Workplace Fairness Act in force yet?

Not as at August 2026. It was passed in 2025 but MOM intends it to commence in 2027; the Tripartite Guidelines remain the operative standard until then.

Sources and further reading

• Ministry of Manpower (MOM) — Consider all candidates fairly (EP advertising rules)
• Ministry of Manpower (MOM) — Fair Consideration Framework: penalties and obligations
• Ministry of Manpower (MOM) — Why the S$22,500 salary exemption applies
• Ministry of Manpower (MOM) — Intra-corporate transferee (ICT) exemption
• Ministry of Manpower (MOM) — FCF Watchlist press release
• Ministry of Manpower (MOM) — Workplace Fairness (Dispute Resolution) Bill factsheet
• Asprin — Work passes in Singapore
• Asprin — Singapore Employment Pass complete guide 2026