Fair Consideration Framework (FCF)

The Fair Consideration Framework (FCF) requires all employers in Singapore to consider the local workforce fairly for job opportunities, and not discriminate against candidates based on non-job-related characteristics such as age, sex, nationality, or race. It’s administered by the Ministry of Manpower (MOM) under the Tripartite Guidelines on Fair Employment Practices, which all employers in Singapore are expected to follow.

FCF job advertising requirement

Employers submitting Employment Pass or S Pass applications must first advertise the role on MyCareersFuture and fairly consider all candidates. The advertisement must run for at least 14 consecutive days, and employers cannot make a job offer to any candidate during that period — this gives jobseekers time to respond and employers time to genuinely consider all applicants.

MOM encourages employers to advertise on MyCareersFuture even when a role is exempt from the requirement, to reach a wider pool of candidates.

FCF and COMPASS

Employment Pass candidates earning a fixed monthly salary of S$22,500 or more are exempt from COMPASS scoring. This threshold is separate from the FCF job-advertising requirement itself — check MOM’s current Employment Pass and S Pass FCF pages for the specific advertising exemption criteria that apply to your situation.

Non-compliance

MOM takes action against breaches of the Tripartite Guidelines on Fair Employment Practices. Common breaches include advertising a role on MyCareersFuture only as a formality after already deciding to hire a specific foreign candidate, not genuinely reviewing applicants, or posting discriminatory job advertisements. Employment agencies are equally expected to uphold these guidelines when working for clients.

Since January 2020, penalties for discrimination cases have been strengthened:

• The minimum work pass debarment period is 12 months (previously 6), rising to up to 24 months for more serious cases.
• Debarment now covers work pass renewals as well as new applications — for a 12-month debarment, this can mean one-third to half of a firm’s existing work passes become unrenewable; for a 24-month debarment, potentially all of them, along with a block on hiring any new foreign employees.
• Employers or key personnel who falsely declare they’ve fairly considered all candidates can be prosecuted under the Employment of Foreign Manpower Act, facing up to 2 years’ imprisonment, a fine of up to $20,000, or both.

Discriminatory job advertisements or HR practices can be reported to TAFEP (the Tripartite Alliance for Fair and Progressive Employment Practices).

HeySara’s work pass service can help ensure your Employment Pass and S Pass applications meet FCF requirements.