Fair Consideration Framework Singapore 2026: Employer’s Compliance Guide

Every Singapore employer who hires an Employment Pass (EP) holder must comply with the Fair Consideration Framework (FCF) , the Ministry of Manpower’s (MOM) framework for ensuring that employers fairly consider qualified Singaporeans before turning to foreign professional hires. The FCF is not a quota system and does not prohibit EP hiring. It is a process requirement: a documented, fair and transparent recruitment process must precede any EP application, and the process is auditable by MOM. Non-compliance carries meaningful consequences, including debarment from EP hiring.

This guide explains the Fair Consideration Framework Singapore 2026 rules, the MyCareersFuture job advertisement requirement, TAFEP’s role, the FCF watchlist, and what employers can do to build a compliant hiring process for EP roles.

Fair Consideration Framework Singapore 2026: The Core Requirement

The FCF requires all employers with 10 or more employees who wish to hire an EP holder to advertise the position on the MyCareersFuture.gov.sg portal for at least 14 calendar days before submitting an EP application, per MOM’s Fair Consideration Framework guidance. The advertisement must be substantive: it must accurately reflect the role, the required qualifications, and the salary range. Placeholder or inaccurate advertisements that do not genuinely describe the role are a compliance red flag.

Exemptions from the FCF advertisement requirement apply to:

• Employers with fewer than 10 employees.
• Short-duration roles of no more than one month.
• Intra-company transfers for roles earning SGD 20,000 per month or above.
• Roles on the exempted occupation list as maintained by MOM (primarily specialised technical roles where the local talent pipeline is demonstrably thin).

Employers in the exempted categories should still document their hiring rationale, as MOM may request records during audits.

MyCareersFuture Posting: Practical Requirements

The MyCareersFuture advertisement must be live for 14 consecutive calendar days before the EP application is submitted. Key practical points:

• The job posting must match the role for which the EP application will be submitted , title, responsibilities, qualifications, and salary band must be consistent.
• The salary band displayed must be the genuine offered salary range. MOM cross-checks the MyCareersFuture posting against the EP application salary.
• You must keep records of all Singaporean or PR candidates who applied, the outcome of their applications, and the reason why shortlisted candidates were not offered the role.
• Rejecting qualified Singaporean or PR applicants without genuine, documented reasons (e.g., failed technical assessment, role-relevant qualification gap) is the primary trigger for an FCF audit referral.

The 14-day period starts from the day the advertisement goes live, not from the day it was submitted for approval. Ensure your posting is approved and visible before counting the clock.

The FCF Watchlist: What Triggers MOM Scrutiny

MOM and the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) maintain an FCF watchlist of employers whose EP application patterns or hiring practices suggest systemic bias against Singaporean or PR candidates. Placement on the watchlist triggers enhanced scrutiny of future EP applications, mandatory HR consultancy sessions with TAFEP, and in serious cases, debarment from EP hiring for a defined period.

Indicators that can trigger FCF watchlist placement include: a high proportion of employees who are EP holders relative to local staff; consistent rejection of Singaporean applicants for roles subsequently filled by EP holders; referral complaints from unsuccessful Singaporean applicants; and discrepancies between MyCareersFuture postings and the actual roles for which EPs are sought. Our Singapore HR Manager’s MOM Compliance Calendar 2026 includes quarterly FCF self-audit prompts to help employers stay off the watchlist.

TAFEP: Singapore’s Tripartite Alliance for Fair Employment

The Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP) is a tripartite body (employer federation, union, and government) that administers Singapore’s fair employment guidelines. TAFEP investigates complaints of employment discrimination , including discriminatory hiring against Singaporeans based on nationality, age, race, religion, gender, or disability , and advises employers on FCF compliance practices.

The Tripartite Guidelines on Fair Employment Practices, which TAFEP administers, were strengthened significantly with the passage of the Workplace Fairness Act in January 2025. Under the Workplace Fairness Act 2026, employers with 10 or more employees must have a documented grievance procedure for discrimination complaints, and retaliation against employees who raise discrimination complaints is now a statutory offence. Detailed guidance is in our article on Tripartite Guidelines on Fair Employment Practices Singapore 2026.

COMPASS and the FCF: How They Interact

The FCF advertisement requirement and the COMPASS points-based EP assessment are separate but complementary mechanisms. COMPASS assesses the EP applicant’s individual merit (salary, qualifications, diversity contribution). The FCF ensures the employer conducted a fair process before choosing the EP applicant over local candidates. An EP application that clears COMPASS but is submitted without an FCF-compliant advertisement will be rejected, and the employer may face a watchlist referral.

Employers should think of FCF compliance and COMPASS scoring as two parallel tracks that must both be cleared before an EP is issued. Full details on the COMPASS scoring mechanism are in our COMPASS framework: how to earn your 40 EP points guide.

Building a Compliant FCF Hiring Process: A Practical Checklist

For HR managers, the following checklist covers the key FCF compliance steps for each EP hire:

• Post the role on MyCareersFuture with an accurate job description, salary band, and qualifications requirement , minimum 14 calendar days before EP application submission.
• Review all applications from Singaporean and PR candidates and shortlist qualified candidates for interview.
• Document the interview process and the outcome for each Singaporean/PR candidate shortlisted.
• If no Singaporean/PR candidate was offered the role, document the specific, role-relevant reason for each candidate (e.g. failed technical assessment, lacked required certification, declined offer).
• Keep these records for at least two years from the date of the EP application, as MOM may audit at any time within this window.
• If the role is FCF-exempt, document the basis of the exemption and retain the documentation.

FCF Compliance as a Business Advantage

Beyond regulatory compliance, a genuinely fair hiring process produces better outcomes for most employers. The FCF requirement to post on MyCareersFuture exposes roles to a wider pool of qualified Singaporean talent than many employers’ default recruitment channels reach. Employers who treat the FCF as an opportunity to surface local talent , rather than as an administrative hurdle , consistently find that their EP hiring rate declines over time as the local talent pipeline deepens.

For end-to-end EP hiring support , from COMPASS pre-assessment and MyCareersFuture posting strategy to EP application submission , Singapore Employment Agency (Little Big Employment Agency Pte Ltd, MOM Licence 19C9790) provides a fully compliant managed hiring service. We also assist with the corporate secretarial and employment law dimensions of your Singapore workforce structure through our sister firm Raffles Corporate Services.

, The Editorial Team, Little Big Employment Agency