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MOM FCF Rules 2026

Singapore Fair Consideration Framework (FCF) 2026: MyCareersFuture Rules, Exemptions, Fair Hiring & Penalties

Singapore FCF employer guide for 2026: 14-day MyCareersFuture advertising, EP and S Pass rules, salary and small-company exemptions, advertisement accuracy, fair hiring, records and MOM penalties.

Scope And Principles

Applies To

Employment Pass applications
S Pass applications

Does Not Apply To

MOM's FCF job-advertising requirement does not apply to Work Permit applications, although employers remain expected to follow fair employment practices.

Core Principle

All employers are expected to adhere to the Tripartite Guidelines on Fair Employment Practices and consider candidates fairly regardless of whether a particular vacancy is exempt from MyCareersFuture advertising.

Local Candidate Treatment

Employers should consider Singapore Citizens and Permanent Residents fairly. FCF compliance is not established merely by collecting applications or interviewing local candidates if the recruitment process was effectively arranged to favour a pre-selected foreign applicant.

Foreign Candidate Selection

Employers may still select a foreign candidate where the person is the most suitable candidate. The issue is whether the employer genuinely considered candidates fairly and can substantiate the recruitment decision.

Advertising Requirements

Duration

At least 14 consecutive days.

Platform

MyCareersFuture.

Employer Match

The employer submitting the EP or S Pass application must be the same employer named in the job advertisement.

Occupation Match

The occupation in the work-pass application must match the occupation advertised.

Salary Visibility

The advertised salary must be clear, specific and visible to all candidates.

Salary Range Width

The maximum salary in the advertised range cannot exceed two times the minimum salary.

Salary Candidate Match

The advertised salary range must contain the salary actually offered to the EP or S Pass candidate.

Vacancy Count

If one advertisement is used for multiple EP or S Pass applications, the number of applications cannot exceed the number of vacancies in that advertisement.

Job Requirements

The advertisement should clearly explain the role and requirements and must not contain discriminatory words or phrases.

No Offer During Advertising

Employers should not make a job offer to a candidate during the mandatory 14-day advertising period because the period is intended to allow jobseekers to respond and the employer to consider candidates fairly.

Post Changes

If the UEN of the hiring organisation, occupation, salary or number of vacancies changes, a new advertisement must be posted and remain open for another 14 consecutive days before the EP or S Pass application.

Expired Advertisement

An advertisement that expired more than 3 months before the work-pass application cannot be used for the application.

Closed Advertisement

An advertisement that closed more than 3 months before the work-pass application cannot be used for the application.

Urgent Roles

An urgent hiring need does not by itself remove the standard 14-day advertising requirement when no applicable exemption exists.

Advertising Exemptions

Small company

Condition: The company has fewer than 10 employees.

Effect: The vacancy is exempt from the MyCareersFuture advertising requirement.

High salary

Condition: Fixed monthly salary for the vacancy is S$22,500 or above.

Effect: The vacancy is exempt from the MyCareersFuture advertising requirement.

Important Note: The exemption concerns advertising; the employer must still practise fair hiring.

Short-term role

Condition: The role is short-term, meaning employment in Singapore is not more than 1 month.

Effect: The vacancy is exempt from the MyCareersFuture advertising requirement.

Important Note: A short-term exemption does not remove other work-pass conditions.

Local transferee

Condition: The role is filled by an existing local employee transferring to another related branch, subsidiary or affiliate in Singapore.

Effect: The vacancy is exempt from the MyCareersFuture advertising requirement.

Overseas Intra-Corporate Transferee

Condition: The candidate meets the relevant definition of an overseas ICT under WTO GATS or an applicable Singapore free-trade agreement.

Effect: The vacancy may be exempt from the MyCareersFuture advertising requirement.

Important Note: The definition of an overseas ICT can differ between WTO GATS and individual FTAs, so the exemption is conditional rather than a generic exemption for anyone transferred internationally.

Advertisement Examples

Acceptable Salary Range Example

Minimum

6000

Maximum

12000

Check

S$12,000 is exactly 2 times S$6,000, so the range does not exceed the 2-times rule.

Unacceptable Salary Range Example

Minimum

5000

Maximum

12000

Check

S$12,000 is 2.4 times S$5,000, so the advertised range is too broad under MOM's current FCF rule.

Salary Math

Acceptable Ratio

12000

Minimum Ratio

6000

Result

Unacceptable Ratio

12000

Unacceptable Minimum

5000

Unacceptable Result

2.4

Recruitment Fairness

Objective Selection

Skills and experience relevant to the job
Qualifications genuinely required for the role
Ability to perform the stated duties
Relevant professional or technical competencies
Other job-related criteria applied consistently to candidates

Discrimination

Employers should not discriminate on non-job-related characteristics such as age, sex, nationality or race.

Local Preference

MOM states that employers may show a preference for Singaporeans and Permanent Residents where there are genuine business and employment considerations. A local preference therefore is not itself prohibited discrimination.

Pre Selection Risk

Posting a vacancy merely as a formality after selecting a foreign candidate, using fictitious advertisements or supplying false information to MOM can lead to enforcement action.

Documenting Decisions

Employers should maintain enough recruitment evidence to demonstrate how applicants were assessed and why the selected candidate was considered suitable.

Agency Responsibility

Employment agencies are also expected to uphold the Tripartite Guidelines on Fair Employment Practices and the FCF when acting for clients.

Record Keeping

Minimum Interview And Offer Retention

At least 1 year.

Records To Keep

Interview records
Job-offer decisions
Relevant candidate applications or recruitment records needed to substantiate fair consideration
Advertising information and dates
Material selection records where they help demonstrate fair hiring

Important Correction

The original page's 2-year mandatory FCF record-retention period was incorrect. MOM's current FCF FAQ says employers should keep interview and job-offer records for at least one year in case a discriminatory-hiring complaint is made.

Practical Retention

Employers may choose to retain broader recruitment records for longer operational, legal or internal-governance purposes, but that should not be represented as a universal FCF statutory minimum.

Additional Scrutiny

Watchlist Concept

MOM may place employers under additional scrutiny where workforce or recruitment patterns raise concerns, including unusually high foreign PMET shares compared with industry peers or high concentrations of a single nationality.

Not Automatic Violation

A high foreign-PMET or nationality concentration does not by itself establish discrimination. It is a risk indicator that can result in additional scrutiny.

Possible Consequences

Additional scrutiny of EP applications
Applications being withheld or rejected where requirements are not met
Requirement to strengthen fair-hiring practices or local workforce development
Work-pass debarment for firms that breach the applicable fair-employment rules

Current Enforcement

MOM stated in January 2026 that between 2023 and 2025 it took enforcement action against an average of 140 employers each year for not fairly considering local candidates. Actions ranged from written warnings to debarment from hiring foreign workers for up to 24 months.

Penalties

Administrative Debarment

Minimum

12 months

Maximum

24 months for more egregious cases

Scope

The debarment can cover hiring new foreign workers and renewing existing foreign work passes.

False Declaration

Offence

False declaration under the Employment of Foreign Manpower Act.

Maximum Imprisonment

Up to 2 years

Maximum Fine

S$20,000

Combined Penalty

Imprisonment, fine or both.

Additional Consequences

Where foreign hiring managers are complicit in fictitious recruitment records or false declarations, MOM may take action against them, including revocation of work passes and debarment from employment in Singapore.

Important Legal Distinction

The 12-to-24-month debarment is an administrative work-pass measure, while prosecution for a false declaration is a separate criminal-law matter. The page should not label every FCF breach as a criminal offence or imply that a 24-month debarment is automatically imposed for every violation.

Relationship To E P And S Pass

Ep

Before an EP application, employers generally must satisfy the FCF advertising requirement unless an advertising exemption applies.

S Pass

Before an S Pass application, employers generally must satisfy the FCF advertising requirement unless an advertising exemption applies.

Compass

FCF and COMPASS are separate frameworks. An employer can satisfy the MyCareersFuture advertising requirement and still need to pass COMPASS for a non-exempt EP application.

Work Permit

The MyCareersFuture advertising requirement does not apply to Work Permit applications.

Appeals

A rejected EP or S Pass application can have its own appeal process; FCF compliance should be corrected according to the rejection advisory rather than assuming every rejection requires an identical re-advertising process.

Special Cases

⚖️ Recruiting students before graduation

⚖️ Changed advertisement details

⚖️ Urgent hiring

⚖️ Recruitment agency involved

⚖️ Local-only advertisement

Practical Compliance Framework

Area: Advertisement

Check: Employer, occupation, vacancy count, salary and role description match the intended EP or S Pass application.

Area: Salary

Check: Advertised range is visible, not more than 2 times from minimum to maximum, and contains the salary offered to the foreign candidate.

Area: Timing

Check: Advertisement remains open for at least 14 consecutive days and is still eligible for use when the work-pass application is submitted.

Area: Candidate consideration

Check: Local applicants are genuinely considered and the employer can explain the job-related reasons for the final selection.

Area: Documentation

Check: Keep the advertisement, recruitment records, interviews and job-offer decisions long enough to substantiate fair hiring; MOM's stated minimum for interview and job-offer records is at least one year.

Area: Work-pass filing

Check: Do not make the foreign candidate's EP or S Pass application until the advertising requirement has been satisfied, unless an exemption applies.

Decision Guide

❓ Are you applying for an EP or S Pass?

💡 Action / Assessment: The FCF MyCareersFuture advertising rules may apply. Work Permit applications are outside this advertising requirement.

❓ Does the vacancy qualify for an advertising exemption?

💡 Action / Assessment: Check company headcount, fixed salary, role duration, local-transferee status and qualifying overseas ICT status.

❓ Are you not exempt?

💡 Action / Assessment: Advertise the vacancy on MyCareersFuture for at least 14 consecutive days before the EP or S Pass application.

❓ Did salary, occupation, UEN or vacancy count change after publishing?

💡 Action / Assessment: Post a new advertisement and keep it open for another 14 consecutive days.

❓ Is the advertised salary range more than twice as wide as the minimum salary?

💡 Action / Assessment: Correct the salary range before using the advertisement for the work-pass application.

❓ Does the salary range contain the foreign candidate's actual offered salary?

💡 Action / Assessment: If not, correct the advertisement before filing because MOM requires the advertised range to contain the offered salary.

❓ Was a foreign candidate effectively pre-selected before local applicants were considered?

💡 Action / Assessment: Review the process carefully. Token advertising, fictitious advertisements or false declarations can trigger enforcement.

❓ Can you explain the selection decision using job-related criteria?

💡 Action / Assessment: Maintain objective evidence showing why the selected candidate was suitable and how local applicants were considered fairly.

❓ Has the advertisement been closed or expired for more than 3 months?

💡 Action / Assessment: Do not rely on it for the EP or S Pass application; advertise the vacancy again.

Common Mistakes & Legal Misconceptions

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Frequently Asked Questions (FAQ)

Unless an advertising exemption applies, the vacancy must remain open on MyCareersFuture for at least 14 consecutive days before the EP or S Pass application. The same 14-day requirement applies when a qualifying advertisement is reposted after it closes.

MOM says advertising is not required for vacancies at companies with fewer than 10 employees, vacancies with fixed monthly salary of S$22,500 or above, roles lasting not more than 1 month, roles filled by an existing local transferee, and qualifying overseas ICT cases under the relevant WTO GATS or FTA definition. These exemptions do not remove the broader expectation of fair hiring.

Not and then simply reuse the original advertisement. MOM requires a new advertisement if the hiring organisation's UEN, occupation, salary or number of vacancies changes, and the new advertisement must remain open for another 14 consecutive days before the EP or S Pass application.

MOM's current FCF FAQ says employers should keep interview and job-offer records for at least one year in case a discriminatory-hiring complaint is made. It is therefore incorrect to present two years as the universal FCF minimum. Employers may keep broader recruitment records longer for internal, legal or governance reasons.

Yes. FCF does not require an employer to hire a Singapore Citizen or Permanent Resident regardless of suitability. Employers can select a foreign candidate when that person is the most suitable, provided the employer genuinely considered candidates fairly and did not use discriminatory criteria or a token MyCareersFuture advertisement to justify a pre-selected foreign hire.

MOM says administrative work-pass debarment has a minimum period of 12 months and can reach 24 months for more egregious discrimination cases. The debarment can affect both new foreign-worker hiring and renewal of existing work passes. False declarations under the Employment of Foreign Manpower Act are separate and can result in prosecution, with imprisonment of up to 2 years, a fine of up to S$20,000, or both.