Fair Consideration Framework (FCF)

Before you apply for an Employment Pass or S Pass, MOM expects the job to be advertised on MyCareersFuture for at least 14 consecutive days. Companies with fewer than 10 employees and roles paying S$22,500 or more a month are exempt.

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The Fair Consideration Framework, or FCF, is MOM's rule that Singapore employers must consider all candidates fairly. In practice it means one step you cannot skip: advertise the job on MyCareersFuture before an Employment Pass or S Pass application. Checked on .

What does the Fair Consideration Framework require?

MOM sets two duties. First, advertise on MyCareersFuture before applying for an Employment Pass or S Pass. Second, fairly consider all candidates and avoid discrimination by age, sex, nationality or race, following the Tripartite Guidelines on Fair Employment Practices. MOM says to keep records of interview and job offer decisions.

Some older web pages describe an early version of the rules with a different salary limit and a larger company exemption. Ignore those. The figures below come from MOM's pages as read on the check date.

How long must you advertise?

At least 14 consecutive days on MyCareersFuture. During that period you cannot offer the position to a candidate. Some firms write 28 days. That is not what MOM's Employment Pass page says.

Your ad stays valid for an application for up to 3 months after it closes. After that, advertise again.

What must the advertisement say?

MOM sets specific checks on the advertisement:

Check MOM rule
Job Must match the occupation in the pass application
Employer Must be the company that submits the application
Salary Clear, specific and consistent
Salary range Maximum no more than double the minimum
Candidate's salary Must fall within the range
Wording No discrimination by age, sex, nationality or race
Vacancies One ad cannot back more applications than the vacancies listed

Example from MOM: a minimum of S$4,500 allows a maximum of S$9,000. If the Employment Pass candidate will earn S$10,000, that range does not work.

Who is exempt from advertising?

You can skip MyCareersFuture if any one of these is true.

  1. The company has fewer than 10 employees.
  2. The fixed monthly salary for the role is S$22,500 or above.
  3. The role is for one month or less.
  4. A local transferee, or an employee moving internally, will fill the job.

MOM explains the small company exemption by saying such firms may have limited resources or be ramping up. Even so, it says they are still expected to consider Singaporeans fairly, and MOM and TAFEP will investigate complaints. A new company with a first hire often falls under the first exemption.

The Employment Pass uses a points test called COMPASS. One of its criteria rewards firms that employ a good share of local professionals. That is a separate test from the advertisement, which every non-exempt employer must still complete. See the COMPASS page for the scoring. The Employment Pass requirements page has the salary floors.

What are the penalties?

MOM states that debarment from work pass applications is at least 12 months and up to 24 months, after MOM tightened the rules in January. It applies to new applications and renewals. A false declaration can lead to up to 2 years in prison, a fine of S$20,000, or both.

You can report a discriminatory advertisement or practice to TAFEP.

Does it affect processing time?

Indirectly. You cannot submit before the 14 days run, so the advertisement is the first block of your timeline. MOM then says it processes online applications or gives an update within 10 business days. The processing time page lays out the full sequence.

How do you comply in practice?

  1. Decide the role, the fixed monthly salary and the number of vacancies before you post.
  2. Check whether an exemption applies. Count employees honestly and look at the fixed monthly salary.
  3. Write the advertisement with the real job title, your company name and a salary range where the top is no more than double the bottom.
  4. Post it on MyCareersFuture and leave it open for 14 consecutive days.
  5. Consider every applicant on merit. Keep notes of interviews and the reason for each hiring decision.
  6. Submit the pass application only after the 14 days, using the same job and employer details.

What should you keep on file?

MOM says to keep records of interview and job offer decisions. A simple file helps: a copy of the advertisement with its dates, the list of applicants, interview notes and the reason the foreign candidate was chosen. Keep it for as long as you may need to answer MOM or TAFEP.

What if you hire through a recruiter?

The duty stays with the employer. An agency can post the advertisement for you, but it must still show your company as the employer, match the job in the application and carry the salary range MOM expects. Check the posting before it goes live, since a mismatch is your problem when MOM reviews the pass application.

Independent guide

SingaporeCompanySetupGuide.com is an independent guide and not part of MOM or TAFEP. We do not post jobs or file pass applications. If you want a provider to prepare the application, use the quote form on this page and we pass your request to suitable firms.

Sources

Good to know

Questions people ask

How long must a job be advertised under the Fair Consideration Framework?

MOM requires at least 14 consecutive days on MyCareersFuture. You cannot offer the job to a candidate during this period. An advertisement that closed or expired more than 3 months ago cannot be reused, so you would need to advertise again.

Who is exempt from advertising on MyCareersFuture?

MOM lists four cases: the company has fewer than 10 employees, the fixed monthly salary is S$22,500 or above, the role lasts one month or less, or a local transferee or an internal transfer fills it. Fair hiring still applies in every case.

What salary range is allowed in the job advertisement?

The salary must be clear and specific. MOM says the maximum of a range cannot be more than double the minimum, so a minimum of S$4,500 allows a maximum of S$9,000. The range must also include the salary offered to the Employment Pass candidate.

What is the penalty for breaching the Fair Consideration Framework?

MOM states that work pass debarment is at least 12 months and up to 24 months. A false declaration can bring up to 2 years in prison, a fine of S$20,000, or both. Debarment covers new applications and renewals.

Does the Fair Consideration Framework apply to S Pass applications?

Yes. MOM's S Pass page tells employers to advertise on MyCareersFuture and consider all candidates fairly before applying. Work Permit holders follow separate sector rules, which this page does not cover.

Can you reuse the same advertisement for more than one pass?

Only up to the number of vacancies advertised. MOM states that a single advertisement cannot support more Employment Pass applications than the vacancies it lists. The job title and employer in the advertisement must also match the application.

Where do you report a discriminatory job advertisement?

MOM says to report discriminatory advertisements or hiring practices to TAFEP, the Tripartite Alliance for Fair and Progressive Employment Practices. MOM and TAFEP investigate complaints and act if they find discrimination.

Need help with the filing?

Send the quote form and we pass your request to providers who prepare EP and S Pass applications.