Last reviewed: 12 September 2026
Quick Answer
The Fair Consideration Framework (FCF) requires employers submitting new Employment Pass or S Pass applications to advertise the job on MyCareersFuture.gov.sg for at least 14 calendar days and genuinely consider all candidates, including Singaporeans, before hiring a foreigner. Exemptions apply for companies with fewer than 10 employees, roles paying a fixed monthly salary of $22,500 or more, roles lasting one month or less, and qualifying intra-corporate transferees. Non-compliant employers risk having applications rejected, being placed on MOM’s FCF Watchlist, and debarment from hiring foreign employees for 12 to 24 months.
In This Guide
What Is the Fair Consideration Framework?
The Fair Consideration Framework is a MOM administrative framework, introduced in 2014, that ties Employment Pass and S Pass approval to how fairly an employer considers Singaporean candidates. It isn’t a standalone Act you can be sued under — it’s a set of conditions layered onto the work pass approval process, backed up by the Employment of Foreign Manpower Act where an employer makes false declarations about their hiring practices.
⚖️ MOM Requirement
FCF compliance is enforced through work pass approval, not the courts. Falling short doesn’t usually mean a fine on the spot — it means MOM can reject, delay, or later revisit your Employment Pass and S Pass applications.
The Job Advertising Requirement
Before submitting a new Employment Pass or S Pass application, employers must advertise the role on MyCareersFuture.gov.sg for at least 14 calendar days, and can’t make an offer until that window has run. This applies to new applications for both Employment Pass and S Pass — MOM extended the requirement to S Pass applications from 1 October 2020. It does not apply to Work Permit hiring.
The advertisement has to hold up to scrutiny: it must state the actual job requirements and a clear, specific salary range, the range shouldn’t be so wide that it tells applicants nothing useful, and the salary you actually offer must fall within what you advertised. The role advertised must also match the work pass application itself — you can’t advertise a junior position and then apply for a pass for a senior one.
Exemptions From the Advertising Requirement
| Exemption | Current Threshold |
|---|---|
| Small company | Fewer than 10 employees |
| High salary | Fixed monthly salary of $22,500 or more (raised from a lower bar on 1 September 2023) |
| Short-term role | 1 month or less |
| Intra-corporate transferee (ICT) | Must qualify under WTO-GATS or an FTA — generally at least 1 year employed by the company overseas, in a Manager, Executive or Specialist role |
| Internal transfer | Role fills an existing employee’s internal transfer within Singapore |
🔍 Classification Note
Check these thresholds every time you hire, not just once. A company that qualified for the fewer-than-10-employees exemption last year may no longer qualify if headcount has grown since — and the $22,500 salary bar has moved before, so don’t rely on an old figure.
What Counts as Genuine and Fair Consideration
Posting the ad is only step one. MOM expects employers to actually assess Singaporean applicants on merit — reviewing resumes, conducting interviews for qualified candidates, and being able to show why a local applicant wasn’t selected if asked. A job ad run as a formality while a foreign candidate is already effectively chosen is exactly what the framework is designed to catch, and MOM has said plainly it looks at whether consideration was genuine, not just whether the ad existed.
Consequences of Non-Compliance
Employers whose hiring practices raise concerns — a workforce profile skewed toward one nationality relative to industry peers, or discriminatory job ads — can be placed on MOM’s FCF Watchlist, triggering closer scrutiny of every future work pass application and direct contact from TAFEP to improve hiring practices. More serious or repeat non-compliance carries debarment from hiring foreign employees for 12 to 24 months, applying to new applications and renewals alike. Separately, making a false declaration about your advertising or hiring process is an offence under the Employment of Foreign Manpower Act, carrying up to 2 years’ imprisonment, a fine of up to $20,000, or both.
⚠️ Penalty Risk
Treating the 14-day ad as a box-ticking exercise is the single most common way employers end up on the FCF Watchlist. MOM assesses the substance of your hiring process, not just whether an ad was technically posted.
FCF vs COMPASS: How They Interact
FCF and COMPASS are separate, complementary requirements layered onto the Employment Pass process — COMPASS did not replace FCF, and satisfying one doesn’t excuse you from the other. FCF’s job-advertising and genuine-consideration requirement applies before or alongside the COMPASS points assessment, which scores an EP application across salary, qualifications, workforce diversity, and the firm’s support for local employment. An employer exempt from FCF’s advertising requirement typically qualifies for related COMPASS exemptions too, but the two frameworks are assessed on their own separate criteria.
The Workplace Fairness Act and FCF
The Workplace Fairness Act — passed in two parts, the main Act on 8 January 2025 and the Workplace Fairness (Dispute Resolution) Act on 4 November 2025 — is Singapore’s first standalone anti-discrimination statute, with full implementation targeted for end-2027. It creates statutory obligations covering hiring, appraisal, promotion and dismissal across 11 protected characteristics, enforced through a tribunal system. FCF remains MOM’s separate, work-pass-specific mechanism for local workforce consideration; the two run in parallel rather than one replacing the other, so compliance with FCF doesn’t by itself satisfy the wider fair-hiring obligations the WFA will introduce.
Getting It Right vs Getting It Wrong
| ✅ Compliant | ❌ Non-Compliant |
|---|---|
| Posting the ad for the full 14 calendar days before making any offer | Posting for 10 days to save time, or offering before the window closes |
| Advertised salary range is specific and includes the actual offered salary | Salary range is unrealistically wide, or the actual offer falls outside it |
| Interviewing and genuinely assessing qualified local applicants | Pre-selecting a foreign candidate, then advertising as a formality |
| Using job-related, non-discriminatory criteria in the ad | Vague or exclusionary phrasing that screens out local candidates |
| Re-checking exemption thresholds (headcount, salary) at each hire | Assuming an old exemption still applies without checking current figures |
| Keeping documented interview and hiring records for local applicants | No records to show if MOM asks why a local applicant wasn’t hired |
⚠️ Non-Compliance Penalties
FCF non-compliance escalates quickly: a single questionable application can trigger MOM scrutiny, a pattern of it lands you on the Watchlist, and serious or repeated breaches mean 12 to 24 months without new Employment Pass or S Pass approvals — a real operational cost for any business that hires foreign talent. False declarations go further, into criminal penalties under the Employment of Foreign Manpower Act.
Frequently Asked Questions
Does the 14-day advertising requirement apply to S Pass or Work Permit hires too?
It applies to new Employment Pass and S Pass applications — extended to S Pass from 1 October 2020. It does not apply to Work Permit hiring.
Can we advertise for fewer than 14 days if the role is urgent?
No. Fourteen calendar days is a fixed minimum regardless of business urgency, and you can’t make an offer before that window closes.
Is a company automatically exempt if it plans to hire an intra-corporate transferee?
Only if the candidate meets the WTO-GATS or FTA criteria for an intra-corporate transferee — generally at least a year employed by the company overseas in a Manager, Executive or Specialist role. Not every transferring staff member qualifies.
What happens if MOM decides our job ad was just a formality?
The application can be rejected outright, and a pattern of this can lead to FCF Watchlist placement and debarment from hiring foreign employees for 12 to 24 months.
What’s the penalty for a false declaration under the Fair Consideration Framework?
Up to 2 years’ imprisonment, a fine of up to $20,000, or both, under the Employment of Foreign Manpower Act.
WorkRightSG provides general information only. Nothing on this site constitutes legal advice. For advice specific to your situation, consult a qualified employment lawyer or contact the Ministry of Manpower directly.