Singapore’s Fair Consideration Framework (FCF) — The Employer’s Guide for 2026

If you have recently posted a role on MyCareersFuture before hiring a candidate, you have already engaged with Singapore’s Fair Consideration Framework — whether you realised it or not. The FCF is one of the most important compliance frameworks for employers in Singapore, and also one of the most misunderstood.

Most employers know the basics: advertise the job, wait 14 days, then submit the work pass application (if hiring a foreigner eventually). What many do not fully appreciate is what the framework actually requires during those 14 days, what MOM looks for when it reviews hiring decisions, and how the landscape has shifted with the introduction of the Workplace Fairness Act.

This guide covers everything in plain English — no legal jargon, no unnecessary complexity. By the end of it, you will understand exactly what the FCF requires, what good compliance looks like in practice, and how to protect your organisation’s work pass privileges while building a genuinely fair hiring process.

What is the Fair Consideration Framework?

The Fair Consideration Framework was introduced by Singapore’s Ministry of Manpower (MOM) in 2013 and has been strengthened progressively since. At its core, it requires all employers in Singapore to give fair consideration to Singapore citizens and permanent residents for every job opportunity — before turning to foreign candidates.

The FCF is underpinned by the Tripartite Guidelines on Fair Employment Practices, issued jointly by MOM, the National Trades Union Congress (NTUC), and the Singapore National Employers Federation (SNEF). These guidelines set out the standards all employers are expected to meet when advertising, interviewing, and making hiring decisions.

The key principle is merit-based hiring. Employers must make hiring decisions based on job-related criteria — qualifications, skills, experience, and aptitude — not on characteristics like nationality, age, race, gender, religion, or marital status. This applies not just to the final decision, but to every stage of the hiring process.

The FCF does not prevent you from hiring foreign talent. It requires you to demonstrate that you gave fair consideration to local candidates first — and that your decision was based on merit, not nationality.

Who must comply — and what exactly is required

Every employer in Singapore is required to comply with the Tripartite Guidelines on Fair Employment Practices. This includes companies of all sizes, across all industries, regardless of whether they are Singapore-incorporated or foreign-owned.

The specific job advertising requirement — posting on MyCareersFuture before a work pass application — applies to employers submitting Employment Pass or S Pass applications.

The 14-day MyCareersFuture advertising requirement

Before submitting an EP or S Pass application for a foreign candidate, employers must have advertised the role on MyCareersFuture portal for a minimum of 14 consecutive calendar days. The advertisement must be open to Singapore citizens and permanent residents and comply with the Tripartite Guidelines on Fair Employment Practices.

During these 14 days, employers must genuinely consider all applicants. MOM has specifically stated that going through the motions of advertising after a foreign candidate has already been pre-selected — without genuinely reviewing applications from MyCareersFuture — is treated as a breach of the FCF.

Who is exempt from the advertising requirement

✓  Roles with a fixed monthly salary of S$22,500 and above

✓  Roles filled by an existing employee being transferred within Singapore

✓  Overseas intra-corporate transferees

✓  Short-duration EP applications for roles under one month

What genuine FCF compliance looks like in practice

The most common misunderstanding about the FCF is that it is a procedural box to tick. Post the advertisement, wait 14 days, submit the EP application. This understanding is incomplete — and it is the mindset that gets employers into trouble.

MOM looks at the substance of your hiring decision: whether local candidates who applied were reviewed, whether those who met the job requirements were interviewed, and whether the decision to hire a foreign candidate can be justified on merit-based grounds.

Step 1 — Write a compliant job advertisement

Your job advertisement must describe the role accurately, include a salary range, be open to all qualified candidates regardless of nationality, and use language that does not signal a preference for any particular background.

  “Mandarin-speaking required” (only permissible where genuinely necessary for the role — must be justifiable)

  “Fresh graduate preferred” or age-range requirements (age discrimination)

  “Looking for candidates from [specific country]” (nationality discrimination)

  Any language implying a preference for a particular gender, race, religion, or marital status

Step 2 — Review all applications genuinely

During the 14-day advertising period, review every application from a Singapore citizen or permanent resident who meets the stated job requirements. Document this review. MOM can and does ask employers to provide information on how many Singaporeans applied, how many were interviewed, and the basis for shortlisting decisions.

Step 3 — Interview qualified local candidates

If Singaporean or PR candidates who meet your stated job requirements apply, you must interview them. Declining to interview a qualified local candidate in favour of a foreign candidate who has been pre-selected is precisely the behaviour the FCF was designed to prevent.

Step 4 — Document your hiring decision

When you submit your EP or S Pass application, MOM requires information on the number of Singaporean applications received, whether Singaporeans were interviewed, and the firm’s current share of Singaporeans in professional, managerial, and executive (PME) positions. Ensure that you have kept records of interviews and job offer decisions.

Penalties for non-compliance — what is at stake

Since January 2020, MOM has significantly strengthened the consequences for FCF non-compliance. The penalties are serious enough to materially affect business operations, particularly for organisations that depend on foreign talent. Updated details are on https://www.mom.gov.sg/employment-practices/fair-consideration-framework

The debarment consequence deserves particular attention. Most work passes in Singapore are issued for two to three years. For a 12-month debarment, one-third to half of your current work passes cannot be renewed. For a 24-month debarment, up to all the work passes cannot be renewed and the firm cannot hire new foreign employees during that period. For organisations with significant foreign talent, this is an existential operational risk.

The criminal prosecution provision — for employers who falsely declare that they have considered all candidates fairly — carries imprisonment of up to two years, or a fine of up to S$20,000, or both. MOM will prosecute errant employers or key personnel who make false declarations. This means individual hiring managers and HR personnel, not just the company, can face personal criminal liability.

COMPASS — the points framework for Employment Pass applications

FCF compliance is about the hiring process. COMPASS is about the EP application itself. The two frameworks work in parallel, and understanding both is essential for any employer who regularly hires foreign PME-level professionals.

COMPASS (Complementarity Assessment Framework) was introduced in September 2023 and applies to all new EP applications. From 1 July 2024, it also applies to EP renewals. In January 2026, MOM updated sector-specific salary benchmarks, qualification lists, and the Shortage Occupation List under COMPASS.

How COMPASS works

A standard application is scored on C1 through C4, with a maximum of 80 points. The threshold for approval remains 40 points. Bonus points under C5 and C6 can bring the total to 140 but are not required.

C1 — salary competitiveness in practice

For employers whose applications score borderline on other criteria, positioning the salary in the upper end of the market range likely strengthens the COMPASS application — and is better practice for attracting strong candidates in any case. The two objectives align.

The 2026 COMPASS updates

✓  Sector-specific salary benchmarks updated for C1: revised thresholds apply to new EP applications from 1 January 2026; renewals from 1 July 2026

✓  Updated qualification recognition lists for C2: verify candidate qualifications against the current MOM list before applying

✓  Updated Shortage Occupation List for C5: certain infocomm technology roles on the SOL now qualify for a five-year EP at a minimum salary of S$10,500/month