Before applying for an Employment Pass (EP) for a foreign professional, every Singapore employer must comply with the Fair Consideration Framework (FCF). Introduced by the Ministry of Manpower (MOM) in 2014 and progressively strengthened since, the FCF requires employers to give Singaporeans a fair opportunity to apply for job vacancies before turning to foreign talent. Non-compliance can result in EP application rejections, debarment notices, and placement on MOM’s FCF watchlist — all of which severely disrupt a company’s ability to hire foreign professionals in future.

This guide explains the FCF requirements for 2026, the job advertising rules, how the FCF interacts with the COMPASS framework, and what employers must do to stay compliant.

What Is the Fair Consideration Framework?

The Fair Consideration Framework is MOM’s policy framework requiring employers to fairly consider Singaporeans for job roles before hiring foreigners on Employment Passes. “Fair consideration” means giving genuine attention to Singaporean applicants — not merely going through the motions of advertising while having already decided to hire a specific foreign candidate.

The FCF applies to all employers seeking to hire foreigners on Employment Passes, S Passes, and certain other work passes. It is most rigorously enforced for EP applications, particularly senior and specialised roles.

MOM enforces the FCF through two mechanisms:

  • Mandatory job advertising requirements before certain EP applications
  • Pattern-based review of employers’ overall hiring profiles, leading to watchlist designation for companies showing discriminatory hiring patterns

The Job Advertising Requirement on MyCareersFuture.sg

The cornerstone of FCF compliance is the requirement to advertise job vacancies on MyCareersFuture.gov.sg before submitting an Employment Pass application for that role.

Who Must Advertise?

The job advertising requirement applies to:

  • Employers with 10 or more employees who are applying for an Employment Pass for a role that pays less than S$22,500 per month.
  • Employers with fewer than 10 employees are exempt from the advertising requirement (though they remain subject to fair consideration obligations).
  • Roles paying S$22,500 or more per month are also exempt, as these are considered very senior positions where the talent pool is global.

How Long Must the Advertisement Run?

As of September 2023, job advertisements on MyCareersFuture.sg must run for a minimum of 28 calendar days before the EP application is submitted. This replaced the earlier 14-day requirement.

The 28-day advertisement must be live and meet MOM’s guidelines on job description quality. MOM reviews advertisements and may reject EP applications where the job description is considered implausibly narrow or where it appears designed to screen out Singaporean applicants.

What Makes a Compliant Advertisement?

MOM expects job advertisements to:

  • Accurately describe the role and required qualifications
  • Not include requirements that are unduly specific and designed to favour a pre-selected candidate (e.g., requiring experience at a very particular company or in a very narrow niche that only one person in Singapore could satisfy)
  • State the salary range (MOM may flag advertisements where salary is hidden)
  • Be genuinely accessible to Singaporean applicants

The FCF and the COMPASS Framework

From September 2023, the COMPASS points-based framework has been the main scoring system for EP applications. The FCF connects to COMPASS through the C4 criterion: Local Workforce Attributes.

Under C4, MOM assesses whether the employer has been found to have discriminatory HR practices. If your company is on the FCF watchlist, your EP applications will receive the lowest possible score on C4 (0 points) and this will significantly reduce your overall COMPASS score. In practice, being on the FCF watchlist makes it very difficult to obtain new EP approvals.

The COMPASS points calculator can help you estimate whether a specific EP application is likely to pass the 40-point threshold.

The FCF Watchlist

MOM uses data analytics to monitor employers’ hiring patterns across all work pass applications. Employers whose hiring patterns show a disproportionate reliance on foreign nationals — particularly from a single nationality — relative to their industry peers may be placed on the FCF watchlist.

Being on the FCF watchlist means:

  • All EP and S Pass applications from your company are flagged for enhanced scrutiny
  • Your COMPASS C4 score is adversely affected for all applications
  • MOM may require you to submit an action plan demonstrating how you will improve local hiring outcomes
  • Continued non-compliance can lead to debarment from hiring foreigners on work passes

MOM publishes a public register of companies that have received debarment notices. Being listed on this register is reputationally damaging and operationally disruptive, as it prevents any new work pass applications until the debarment is lifted.

Fair Consideration in Practice: What Employers Must Do

To maintain FCF compliance, Singapore employers should:

  1. Advertise all relevant vacancies on MyCareersFuture.sg for at least 28 days before submitting EP applications. Keep records of the advertisement, including screenshots and applicant response data.
  2. Document your shortlisting process. Keep records of all applications received, who was shortlisted, who was interviewed, and why candidates were not progressed. If MOM investigates, you will need to demonstrate that Singaporean applicants were given genuine consideration.
  3. Review hiring patterns periodically. If your company has a high proportion of foreign professionals from a single nationality in a particular department, consider this a risk factor and document legitimate business reasons.
  4. Train HR staff on FCF requirements. Hiring managers should understand that implicitly or explicitly preferring candidates of a particular nationality is both a violation of the FCF and potentially an offence under the Employment of Foreign Manpower Act.
  5. Use the FCF self-assessment tool provided by MOM to check your company’s hiring profile against industry benchmarks.

FCF and Work Pass Applications: The Full Picture

For companies that regularly hire foreign professionals, FCF compliance is just one part of a broader work pass compliance framework. You also need to ensure your employees hold the correct pass type for their role — see our comparison of the Employment Pass vs ONE Pass vs PEP.

For end-to-end assistance with Employment Pass, S Pass, and other work pass applications — including ensuring FCF compliance — our associated licensed employment agency handles the full submission process with MOM.

For the latest Singapore business and employment news, directors and HR teams can find useful regulatory updates online. Beyond compliance, sound financial management and business planning are equally important for sustainable growth.

If you need legal advice on FCF disputes, debarment appeals, or work pass compliance, we can point you in the right direction.

How Raffles Corporate Services Can Help

FCF compliance is not a one-time checklist — it requires ongoing attention to hiring practices, documentation, and MOM’s evolving enforcement priorities. Raffles Corporate Services helps Singapore employers understand and manage their work pass and FCF obligations, from structuring compliant job advertisements to guiding companies through MOM’s FCF review process.

To speak with the team at Raffles Corporate Services, you can email [email protected] or call, SMS, or WhatsApp +65 8501 7133. We are happy to assist with any queries.

— The Editorial Team, Raffles Corporate Services