Insights

Hiring Singaporeans and Permanent Residents properly

Most of what a Singapore employer owes a candidate has nothing to do with work passes. The Tripartite Guidelines on Fair Employment Practices apply to every hire, a job advertisement is judged on its own wording, and an employer that outsources its recruiting keeps the exposure. Here is the whole set at hub level: what binds today, what does not yet, and the one rule almost everybody states too broadly.

By Skillsforce · People-operations teamLast updated 21 August 20269 min read
In brief

What must a Singapore employer get right when hiring Singaporeans and Permanent Residents?

Every employer is expected to follow TAFEP's Tripartite Guidelines on Fair Employment Practices: select on merit, not on age, race, gender, religion, marital status or disability. MOM's Fair Consideration Framework is narrower, requiring a MyCareersFuture advertisement of at least 14 consecutive days only before a work-pass application. MOM can debar breaching employers for 12 to 24 months.

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Most of what a Singapore employer owes a candidate has nothing to do with work passes, and applies whether the person eventually hired is a citizen, a Permanent Resident or neither. It sits in the Tripartite Guidelines on Fair Employment Practices, which TAFEP has maintained since 2006 and which every employer here is expected to follow. What follows is the hub view: the merit standard, the one advertising rule that is far narrower than most employers believe, the pay floors that sit under local employment, and the law that is written but not yet switched on. It runs on top of the ordinary mechanics of a search, including how long hiring actually takes in Singapore, rather than replacing them.

Merit first, and what that means on paper

The Tripartite Alliance for Fair and Progressive Employment Practices was set up in 2006 by the Ministry of Manpower, the National Trades Union Congress and the Singapore National Employers Federation. Its Tripartite Guidelines on Fair Employment Practices set five principles, and they are the baseline for every employer in Singapore, not only those that eventually sponsor a pass.

  • Recruit and select employees on the basis of merit, such as skills, experience or ability to perform the job, and regardless of age, race, gender, religion, marital status and family responsibilities, or disability.
  • Treat employees fairly and with respect, and implement progressive human resource management systems.
  • Provide employees with fair opportunity to be considered for training and development based on their strengths and needs.
  • Reward employees fairly based on their ability, performance, contribution and experience.
  • Abide by labour laws and adopt the Tripartite Guidelines on Fair Employment Practices.

Only the first is really about hiring; the other four describe the employment that follows it. Running a search that can evidence the first, from brief through shortlist, is the part we handle.

The Guidelines are guidance rather than statute, which is why they get underrated. The chain behind them is not soft. TAFEP refers a breach to MOM, and MOM’s responses run from requiring the employer to attend corrective workshops and rectify its HR processes, through heightened scrutiny of that employer’s applications, to curtailing them outright. An employer rarely arrives there through a single badly worded advertisement. It arrives through a workforce profile that looks unusual next to its industry peers, or through repeated complaints, and then a request to show its working.

Where the Fair Consideration Framework actually applies

This is the rule most often stated too broadly, including by people selling recruitment. The Framework itself requires employers to consider the local workforce fairly for job opportunities, without discriminating on non job-related characteristics such as age, sex, nationality or race. That expectation is general. The advertising duty attached to it is not.

MOM gates the advertisement to the work-pass application step. Before an employer submits that application, the role must have been advertised on MyCareersFuture, the government job portal launched in April 2018, and kept open for at least 14 consecutive days so that job seekers can see and apply for it. Change the job title, the salary or the number of vacancies while the advertisement is running, and it must stay open for another 14 consecutive days before the application can go in. MOM also tells employers not to make an offer during that window. What none of this does is require an advertisement for every vacancy an employer fills. A role filled by a Singaporean or a Permanent Resident, with no pass application behind it, never triggers the duty.

Five exemptions narrow it further. A company with fewer than 10 employees is exempt, on MOM’s reasoning that a small firm has limited administrative resources. So is a vacancy with a fixed monthly salary of S$22,500 and above, a bar in force from 1 September 2023. So is a role that is short-term, meaning not more than one month. The remaining two both concern transferees and are not the same exemption: a role to be filled by a local transferee, and a role filled by a candidate choosing to apply as an overseas intra-corporate transferee. Exemption from advertising is not exemption from fair consideration, and MOM says so directly: small companies are still expected to consider Singaporeans fairly. The exemption is about administrative load, not about the principle.

Two consequences sit behind all of it, and they are different animals. Debarment is administrative, with a minimum of 12 months rising to 24 in more serious cases, and it reaches new applications and renewals alike. A false declaration that all candidates were fairly considered is criminal, and a conviction carries imprisonment of up to 2 years, a fine of up to S$20,000, or both. MOM’s stated concern is the employer who advertises after deciding, going through the motion rather than genuinely reviewing the applicants. The mechanism, the exemptions and the scrutiny that sits under them are set out in full in the Fair Consideration Framework and the MyCareersFuture advertising rule.

Two pay floors under local employment

Merit is not the only regulated thing about hiring a local employee. Two separate floors apply, and both carry figures that move, so each has its own article rather than a paragraph here. The Progressive Wage Model sets wage requirements and wage progression for specified sectors and occupations, and is covered in the Progressive Wage Model for Singapore employers. The Local Qualifying Salary governs whether a Singaporean or Permanent Resident employee counts toward a company’s local workforce, which is a different question from what that employee is paid, and it is covered in the Local Qualifying Salary and the local workforce count. Both are worth settling before an offer is made rather than after it, because neither is visible from a shortlist.

What a job advertisement must not say

TAFEP publishes the standard in one sentence: when stating the selection criteria in job advertisements, ensure that they are related to the qualifications, skills, knowledge and experience of the candidates. Everything else follows from that.

The wording TAFEP flags falls into three groups. Age-coded phrasing, such as “Minimum aged 21 and above”, “Below 30 only” or “Young/Youthful working environment”. Gender-coded phrasing, such as “Strong guys needed”, “Preferably female” or “Female working environment”. And nationality or race-coded phrasing, such as “Chinese/Malay/Indian preferred”, “Non-Singaporeans preferred” or “Native Mandarin speaker preferred”. The third group is the one an employer under scrutiny will be asked about first, and “Non-Singaporeans preferred” is not a phrase that survives any explanation.

The fix is almost never a euphemism. State the actual requirement of the job. If the work involves repeated heavy lifting, say so, and say how heavy. If the role needs written and spoken Mandarin because the person will handle a Mandarin-speaking supplier base, say that, rather than asking for a native speaker. A real requirement is defensible on its own terms. Demographic shorthand for a requirement is not, and it is usually shorthand for something that could have been stated plainly.

Voluntary standards, and one that stopped being voluntary

Alongside the Guidelines, TAFEP maintains a set of Tripartite Standards an employer can formally adopt. Age-Friendly Workplace Practices and Employment of Term Contract Employees are two of them, and adoption is voluntary in both cases. Adopters may use the Tripartite Standards logo in publicity and recruitment material, and their postings carry the logomark on MyCareersFuture.

One item still listed alongside those in a good deal of published material no longer belongs there. The Tripartite Standard on Flexible Work Arrangements was discontinued on 1 December 2024 and replaced by the Tripartite Guidelines on Flexible Work Arrangement Requests, which set minimum requirements every employer is required to follow rather than a badge to adopt. Under them, an employee may submit a formal, documented request, and the employer must give a written decision within two months of receiving it, with reasons if the request is rejected. The employer keeps the decision. It no longer keeps the option of not answering.

Using a recruitment agency does not move the exposure

An employment agency needs a licence to operate in Singapore, under the Employment Agencies Act administered by MOM, and that covers any organisation or individual placing job seekers with employers. The part employers miss is that engaging an unlicensed agency is itself an offence for the employer. MOM’s wording in enforcement cases is that offenders can be fined up to S$5,000 per charge, and that an employer intending to engage an agency should first verify that it is licensed. Checking that licence in MOM’s directory takes about five minutes and settles the question before a contract is signed.

The second half matters more for fair hiring. From 1 October 2020, MOM licence conditions have required licensed agencies to comply with the fair recruitment requirements in the Tripartite Guidelines when recruiting for client employers: to brief clients on those requirements, to make reasonable efforts to attract Singaporeans, and not to abet discriminatory hiring by their clients, for example by withholding applications on the basis of age, race, nationality, gender or disability. Agencies that fall short can be issued demerit points, suspended, have a licence revoked, or prosecuted. Read from the employer’s side, the point is plain. An instruction to filter out local candidates does not become lawful by being given to somebody else.

The law that is written but not yet switched on

The Workplace Fairness Act 2025 was passed by Parliament on 8 January 2025 and assented to by the President on 3 February 2025. It is not in force. Section 1 leaves commencement to a date the Minister appoints by notification in the Gazette, and no such date has been fixed, so any particular year attached to it in circulation is a forecast rather than a fact.

What it will do is worth knowing now, because its purpose clause is the clearest official statement of the position this article describes. The Act exists, in its own words, to ensure that citizens of Singapore and permanent residents of Singapore are fairly considered for employment opportunities and continue to form the core of the workforce in Singapore, with foreigners as a complement. The characteristics it protects are age; nationality; sex, marital status, pregnancy status and caregiving responsibilities; race, religion and language; and disability and mental health conditions. It will not apply to an employer with fewer than the prescribed number of employees, which the Act sets at 25 unless the Minister substitutes another figure by Gazette notification. What the Act will change, and what it will not is a separate piece; the honest summary today is that it changes nothing yet, and rewards the employers who documented their decisions anyway.

None of this is exotic. Selection on merit, recorded well enough to be shown later. An advertisement worded around the job rather than the person. A licensed agency. Pay floors settled before the offer rather than after it. The employers who come unstuck are rarely the ones trying to discriminate; they are the ones who cannot show, months later, what they actually did.

Our Recruitment & Executive Search service runs a search on that basis, under EA Licence 99C3289, and where the hire also needs the employment side built around it, that sits with HR Solutions. Or take the rules above, write them into your own hiring process, and run it yourself: that is a perfectly good outcome, and plenty of employers do. What does not work is meeting the standard for the first time on the day somebody else applies it to you.

Common questions

Do I have to advertise every job on MyCareersFuture before I can hire?

No. The Fair Consideration Framework's advertising duty is tied to the work-pass application step, not to hiring in general. MOM requires the role advertised on MyCareersFuture for at least 14 consecutive days, with all candidates fairly considered, before that application is submitted. A role filled by a Singaporean or Permanent Resident with no pass application behind it does not trigger the duty at all, although fair consideration is still expected under the Tripartite Guidelines.

Which employers are exempt from the Fair Consideration Framework advertising requirement?

Five. A company with fewer than 10 employees, which MOM exempts because of limited administrative resources. A vacancy with a fixed monthly salary of S$22,500 and above, a bar in force from 1 September 2023. A role that is short-term, meaning not more than one month. A role to be filled by a local transferee. And a role filled by a candidate choosing to apply as an overseas intra-corporate transferee. Exemption from advertising is not exemption from fair consideration.

What happens if MOM decides an employer did not consider candidates fairly?

Two separate consequences. Debarment is administrative and runs for a minimum of 12 months, rising to 24 months in more serious cases, applying to new applications and renewals alike. Prosecution for a false declaration that all candidates were fairly considered is criminal, with conviction carrying imprisonment of up to 2 years, a fine of up to S$20,000, or both. TAFEP also refers breaches of the Tripartite Guidelines to MOM for enforcement.

What wording makes a job advertisement discriminatory in Singapore?

TAFEP's standard is that selection criteria stated in an advertisement must relate to the qualifications, skills, knowledge and experience of the candidates. It flags age-coded wording ("Below 30 only", "Youthful working environment"), gender-coded wording ("Strong guys needed", "Preferably female") and nationality or race-coded wording ("Non-Singaporeans preferred", "Native Mandarin speaker preferred"). The fix is to state the real requirement of the job rather than a demographic preference.

Am I liable if the recruitment agency I use is not licensed?

Yes. MOM's position, repeated across enforcement cases, is that it is an offence for any person or company to engage the services of an unlicensed employment agency, and that offenders can be fined up to S$5,000 per charge. MOM's advice is to verify the agency's licence in the Employment Agencies Directory before engaging it. Skillsforce holds EA Licence 99C3289.

Is the Workplace Fairness Act in force yet?

No. It was passed by Parliament on 8 January 2025 and assented to on 3 February 2025, and Singapore Statutes Online still records it as uncommenced. Section 1 leaves commencement to a date the Minister appoints by notification in the Gazette, so any specific year quoted for it is a forecast. When it starts, it will not apply to employers with fewer than the prescribed number of employees, which the Act sets at 25 unless the Minister substitutes another figure.

Disclaimer

This page summarises official guidance as at the date shown above. Rules and figures change, so verify against the primary source before acting. It is not professional advice: for guidance on your specific situation, talk to Skillsforce.

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