Understanding the Fair Consideration Framework for Work Pass Application

Hiring foreign talent in Singapore requires a clear understanding of the Fair Consideration Framework (FCF), a key initiative that promotes fair and merit-based hiring while safeguarding opportunities for the local workforce.

Introduced by the Ministry of Manpower (MOM), the FCF ensures that companies demonstrate genuine efforts to consider Singaporeans for job openings before turning to foreign candidates. For employers, this means adhering to specific advertising requirements and documenting hiring practices.

This blog serves as a practical guide to help businesses navigate the FCF, align with its principles, and smoothly manage work pass applications while fostering inclusive workforce practices.

What is the Fair Consideration Framework in Singapore?

The FCF dictates the requirements for all employers in Singapore to consider the workforce fairly for job opportunities. Employers are advised against discriminating candidates based on non job-related characteristics like age, nationality, sex, or race.

Employers in Singapore are expected to comply with the Tripartite Guidelines on Fair Employment Practices.

FCF Job Advertising Requirement

Employers that submit Employment Pass (EP) or S Pass applications must ensure that they advertise on MyCareersFuture first and consider all candidates fairly to drive fair employment practices while enhancing labour market transparency.

Employers are encouraged to advertise these vacancies even if they are eligible for advertising exemption.

Related Read: Tips and Tricks to Secure an Employment Pass in Singapore

Advertising Requirements for EP and S Pass

Advertisement Accuracy

The advertisement should explain the salary offered and job requirements clearly to attract the right candidates. EP applications linked to discriminatory or inaccurate applications will be rejected. For example:

• It must not have discriminatory words or phrases
• It must match the occupation in the EP application
• The employer submitting the EP application must be the same as the one in the job advertisement
• If a single advertisement is used for multiple applications, the total number of applications cannot exceed the vacancies offered in the advertisement
• The salary offered must be distinct, consistent, and detailed.The salary range advertised must:
  • Be visible to all candidates
  • Not be too broad. The maximum salary cannot exceed twice the minimum salary
  • Include the salary offered to the candidate

Advertisement Duration

The job advertisement on MyCareersFuture must be available for at least 14 consecutive days so that jobseekers can view and apply for the vacancy. If you repost a closed advertisement, this rule also applies.

If you amend any advertisement details such as the job title, salary, and number of vacancies, you must post a new advertisement and keep it open for at least another 14 consecutive days before the EP application can be submitted. This ensures that jobseekers are aware of the changes and have a chance to apply for it.

Image: Ministry of Manpower

Job advertisements that have expired for over 3 months or closed for over 3 months cannot be used for EP applications. The vacancy must be advertised again to reach out to other jobseekers.

Image: Ministry of Manpower

Advertising Requirement Exemption

All employers in Singapore must implement fair hiring even if their job vacancies can be exempted from advertising on MyCareersFuture. Employers need not advertise on MyCareersFuture if they meet these exemption conditions:

• The company has fewer than 10 employees
• The role is short-term – for example, it is not longer than 1 month
• The fixed monthly salary for the role is S$22,500 and above
• The role will be filled by a local transferee, such as an existing employee being transferred to another branch or affiliate in Singapore
• The role will be filled by a candidate applying as an overseas intra-corporate transferee

Penalties for Failing to Adhere to the Tripartite Guidelines on Fair Employment Practices

MOM has bolstered the FCF for greater deterrence against workplace discrimination since 2020. Administrative penalties have been raised across the board for discrimination offences:

• The maximum period of work pass debarment has increased from 6 months to 12 months, and potentially up to 24 months for abhorrent cases
• The debarment scope has widened to include work pass renewals in addition to new work pass applications

Note that the duration of most work passes spans 2 to 3 years. Hence, a 12-month debarment means that ⅓ to half of the work passes cannot be renewed. For a 24-month debarment, almost all work passes cannot be renewed, and the company cannot hire new foreign employees.

MOM will also prosecute errant employers or key personnel who make false declarations of having considered all candidates fairly. Convicted employers will face imprisonment of up to 2 years, a fine of up to S$20,000, or both.

Make Your Employees’ Work Pass Applications a Breeze

Complying with the Fair Consideration Framework is not just a legal necessity for employers in Singapore; it is an opportunity to build a more equitable, diverse, and dynamic workplace. By aligning with the FCF’s guidelines, businesses can promote fair hiring practices, enhance their reputation, and contribute to a collaborative workforce that values local talent while welcoming global expertise.

Staying informed about regulatory updates and seeking professional advice when needed can ensure smooth work pass applications and long-term success. Making fairness a core part of your hiring process enables your company to set a solid foundation for growth and sustainability in Singapore’s competitive business landscape.

Partnering with a reliable and experienced work pass application expert such as InCorp can provide significant help throughout the entire application process. Contact our team today to get started!

About the Author

Mel Bakar

Mel specializes in Employment Pass and Work Pass applications through the Ministry of Manpower. She also handles Long-Term Visit Pass applications through the Immigration and Checkpoints Authority.

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