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The Fair Consideration Framework: What Employers Must Do Before an EP or S Pass

First Immigrations Team

The Fair Consideration Framework in Singapore

Quick answer: Before submitting most Employment Pass or S Pass applications, the employer must advertise the job on MyCareersFuture for at least 14 consecutive days, and the advert must stay open for that full period before the application goes in. Four situations are exempt: the company has fewer than 10 employees, the fixed monthly salary is S$22,500 or more, the role lasts no more than one month, or it is filled by a transferee meeting MOM’s definition. Even exempt employers are expected to consider Singaporeans fairly. MOM can debar errant employers from hiring foreign workers for up to 24 months.

The rule itself is simple. What trips employers up is restarting the clock by editing the advert, and relying on exemption figures that changed years ago.

The advertising requirement

RequirementDetail
WhereMyCareersFuture
How longAt least 14 consecutive days
Before applyingThe advert must have run the full 14 consecutive days before the EP or S Pass application is submitted
During the windowDo not make a job offer to a candidate while the advert is running
Editing the advertChanging details such as job title, salary or number of vacancies means keeping it open for another 14 consecutive days

That last row is the expensive one. An employer who tweaks the salary on day 12 starts again.

The four exemptions

Advertising is not required if any one of these applies.

ExemptionThreshold
Small companyFewer than 10 employees
High salaryFixed monthly salary of S$22,500 or more
Short-term roleNo more than one month
TransfereeThe role goes to a local transferee, or an existing employee moving from a related branch, subsidiary or affiliate in Singapore

Watch out for outdated figures. Older MOM documents still circulating mention 25 employees and a S$12,000 salary threshold. Those have been superseded. The current figures are fewer than 10 employees and S$22,500, with the salary bar in force since 1 September 2023 and benchmarked to the top 10% of EP holders.

Overseas intra-corporate transferees

A separate exemption covers overseas intra-corporate transferees who meet the WTO GATS or applicable free trade agreement definition. Under GATS, the candidate must have worked for the company outside Singapore for at least one year before the posting and hold a qualifying manager, executive or specialist role. ICTs also face limits on how long they can stay. Our guide to CECA covers what transferee provisions in trade agreements do and do not do.

The short-term exemption has a catch

If you use the one-month exemption, the pass holder cannot renew or apply for a new Employment Pass for three months after it expires. It is for genuine short deployments, not a shortcut.

Exempt does not mean unregulated

MOM is explicit that all employers must practise fair hiring even where the vacancy is exempt from advertising. MOM screens with data analytics alongside the Tripartite Alliance for Fair and Progressive Employment Practices, and acts on patterns rather than only on complaints.

ConsequenceDetail
Applications withdrawn or rejectedMOM has withdrawn or rejected over 600 EP applications following investigations in the past five years
DebarmentErrant employers can be barred from hiring foreign workers for up to 24 months

How FCF fits with COMPASS

They are different tests, and you have to pass both where they apply.

Fair Consideration FrameworkCOMPASS
What it isA hiring process requirementA points-based assessment of the application
WhenBefore you submitWhen MOM assesses
Threshold14 consecutive days of advertising, unless exempt40 points, unless exempt
Exempt at S$22,500YesYes

An application can clear COMPASS comfortably and still be rejected for an advertising failure. Our guide to COMPASS covers the points side, and Employment Pass rejection covers what happens when either test fails.

A compliance checklist for HR

  • Confirm whether any exemption applies before you advertise
  • Post on MyCareersFuture with the final job title, salary range and vacancy count
  • Do not edit those fields once the clock starts
  • Run the advert for 14 consecutive days, and keep a record
  • Do not make an offer during the window
  • Consider local applicants properly, and document the shortlisting
  • Submit the pass application after the window closes
  • Keep the advert record in case MOM asks

How First Immigration can help

  • Checking exemptions before you spend 14 days advertising unnecessarily.
  • Sequencing the advert and the application so the clock is not restarted.
  • Applications through our Employment Pass service and S Pass service, with a COMPASS pre-check.
  • Rejections caused by advertising issues.

Book a free assessment through our contact page.

Frequently asked questions

What is the Fair Consideration Framework?

MOM’s framework requiring employers to consider Singaporeans fairly, including advertising most EP and S Pass roles on MyCareersFuture before applying.

How long must the job be advertised?

At least 14 consecutive days, completed before the pass application is submitted.

Which jobs are exempt from advertising?

Roles at companies with fewer than 10 employees, jobs with a fixed monthly salary of S$22,500 or more, roles lasting no more than one month, and roles filled by a qualifying transferee.

Is the exemption threshold still S$12,000?

No. The current threshold is S$22,500, in force since 1 September 2023. Older documents quoting S$12,000 or 25 employees are out of date.

Can I edit the advert while it is running?

You can, but changing details such as job title, salary or vacancy count means running it for another 14 consecutive days.

Can I offer the job to my preferred candidate during the 14 days?

No. Employers should not make a job offer during the advertising period.

Do exempt employers still have obligations?

Yes. All employers must practise fair hiring regardless of whether the vacancy is exempt.

What happens if we skip the advertising requirement?

The application can be withdrawn or rejected, and MOM can debar the employer from hiring foreign workers for up to 24 months.

Does FCF apply to S Pass applications?

Yes, the same advertising requirement and exemptions apply.

Is FCF the same as COMPASS?

No. FCF is a hiring process requirement before you apply. COMPASS is the points assessment MOM applies to the Employment Pass application itself.

Official sources: MOM, Fair Consideration Framework, Consider all candidates fairly before you apply for an Employment Pass and the equivalent S Pass page, plus MOM FCF FAQs and a 2024 written answer in Parliament on FCF enforcement.

Disclaimer: Requirements are set by MOM and change. Checked October 2026. Confirm current thresholds before relying on an exemption.

Hiring, or applying for a work pass?

We review salary, COMPASS and documents before the application goes to MOM. See our Employment Pass service and S Pass service, or ask us about your case.

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