Johnathan Lee Kui Bao

By Johnathan Lee, Advocate and Solicitor (Singapore). Updated 31 July 2026.

In Singapore, the Workplace Fairness Act 2025 has been passed but is not yet in force: MOM has said the framework is intended to be implemented in 2027, and TAFEP puts it at end-2027. SMEs with fewer than 25 employees will be exempt from most of the Act’s obligations at the start, but the Fair Consideration Framework already applies, and discriminatory hiring can cost you your work pass privileges for 12 to 24 months right now. This page is the practical SME compliance view; for the full statutory overview, see my general Workplace Fairness Act guide.

Does the Workplace Fairness Act apply to my SME yet?

Not yet. The Act was passed in two parts (8 January 2025 and 4 November 2025), and MOM’s factsheet states the intention to implement the framework in 2027, with TAFEP indicating end-2027. As at July 2026 both Acts remain uncommenced.

More importantly for smaller businesses: section 4 of the Act provides that it does not apply to an employer that employs fewer than the prescribed number of individuals, which the Act sets at 25 unless the Minister prescribes another number. The one carve-out from that carve-out is section 26, the Act’s fair consideration duty in relation to work pass applications, which applies whatever your headcount. The Tripartite Committee on Workplace Fairness recommended exempting firms with fewer than 25 employees “for a start, to be reviewed in five years”, so do not assume the threshold is permanent.

Exempt does not mean unregulated. Three things bind every SME today, whatever its headcount:

• The Tripartite Guidelines on Fair Employment Practices, which TAFEP and MOM enforce administratively.
• The Fair Consideration Framework job advertising and fair hiring rules, backed by work pass sanctions.
• The Employment Act’s core protections, covered in my guide to employee rights and employer obligations.

If you employ 25 or more people, treat end-2027 as your compliance deadline for the full Act.

Can I advertise a job only for Singaporeans?

Yes. The Tripartite Guidelines on Fair Employment Practices list “Only Singaporeans” among the acceptable phrasings for a job advertisement, and the Workplace Fairness Act carries this forward. Section 22 of the Act provides that it is not discrimination for an employer to make an employment decision that adversely affects an individual on the ground that the individual is neither a Singapore citizen nor a Singapore permanent resident, and extends that exception to advertisements.

What you cannot do is signal a preference the other way, or for any specific foreign nationality. Advertisements must not include:

• Phrases favouring non-Singaporeans, foreigners or “international candidates”.
• Any specific nationality as “preferred”, “welcome” or “only”.
• References to work pass types (EP, S Pass, WP, DP, LTVP holders), or statements like “work pass will be applied for successful candidates”.
• Language requirements used as a nationality proxy, such as “native Mandarin speaker preferred”, unless the language is genuinely needed for the job and you say why.

The language-proxy point is where SMEs trip up most often. A shop that needs Mandarin for its customer base can say so with a reason; “Mandarin speakers preferred” with no justification reads to MOM as coded nationality preference.

What are the FCF job advertising rules before I hire a foreigner?

Before submitting an Employment Pass or S Pass application, the Fair Consideration Framework requires the job to be advertised on MyCareersFuture for at least 14 consecutive days, with all applicants genuinely considered. MOM’s rules on considering candidates fairly also require a credible advertised salary range: the top cannot exceed twice the bottom.

Hiring situation	Must you advertise on MyCareersFuture first?
EP or S Pass hire, company with 10 or more employees	Yes, at least 14 consecutive days before applying
Company with fewer than 10 employees	Exempt from the advertising requirement
Role with a fixed monthly salary of $22,500 and above	Exempt from the advertising requirement
Short-term role of not more than 1 month	Exempt from the advertising requirement
Role filled by a local transferee or an overseas intra-corporate transferee	Exempt from the advertising requirement
Local hire, no work pass needed	No FCF advertising duty, but ad wording rules still apply

Two cautions. First, exemption from advertising is not exemption from fair consideration: MOM states that all employers must practise fair hiring even where a vacancy is exempt from advertising. Second, every work pass application includes a declaration that you considered candidates fairly, and that declaration has criminal teeth. Advertising for 14 days as theatre, with the foreign candidate pre-selected, invites exactly the scrutiny you want to avoid: no local interviews, rejection reasons that do not stack up, an application lodged the day the advert closes.

What happens if someone complains to TAFEP about nationality discrimination?

A jobseeker or employee can lodge a complaint with TAFEP, the frontline body for discrimination complaints until the WFA’s tribunal route opens. With the complainant’s consent, TAFEP approaches the company, gathers the facts, and works with it to review and improve the practice. Employers who breach the Tripartite Guidelines, do not respond, or fail to improve are referred to MOM, which can curtail work pass privileges.

For an SME the practical risks are threefold: requests for your account and your records (interview notes, shortlisting criteria, correspondence about the vacancy, and if your records cannot explain why local applicants were rejected, that gap works against you); placement on MOM’s Fair Consideration Framework watchlist, which means closer scrutiny of your work pass applications; and formal enforcement against your work pass privileges, described below.

Treat the first TAFEP letter seriously and get the file in order before replying: casual answers at that stage are on the record if the matter escalates to MOM. I act for employers throughout this process, and for employees weighing a complaint; see my employment law practice page.

What can MOM actually do to my work passes?

This is the enforcement lever SMEs feel most. Since 2020, employers found to have discriminatory hiring practices face debarment from work pass privileges for a minimum of 12 months and up to a maximum of 24 months, and debarment was extended to cover renewals of existing passes as well as new applications. For a small firm that depends on a handful of pass holders, a debarment blocking renewals is an existential problem, not an administrative one.

On top of debarment, a false fair-consideration declaration in an EP or S Pass application is prosecutable: up to 2 years’ imprisonment, a fine of up to $20,000, or both. Having prosecuted employers at MOM before entering private practice, I can tell you these cases are built on paperwork: advert dates, the MyCareersFuture applicant list and the employer’s declaration, lined up side by side.

When the WFA commences, this toolkit expands. MOM will be able to give directions, impose administrative financial penalties, and pursue civil penalties in court for serious contraventions. The Act caps an administrative financial penalty at $5,000 for each occasion of a civil contravention and $10,000 for a second or subsequent occasion, with the actual amounts to be set by regulations. Civil penalties under section 34 run up to $50,000 against a company on a first order and up to $250,000 on a subsequent order (up to $10,000 and $50,000 respectively for an individual). The work pass lever stays, alongside the new penalties.

What should my SME do between now and end-2027?

Start with today’s exposures, then build towards the Act.

1. Audit your live job advertisements against the Tripartite Guidelines wording rules, including agency-posted ads.
2. Fix your paper trail: keep shortlisting criteria, interview notes and rejection reasons for every role leading to a work pass application.
3. Track your headcount against the 25-employee threshold; crossing it brings the full Act’s obligations.
4. Put a simple written grievance procedure in place now: receive, inquire, record, respond in writing, keep the complainant’s identity confidential and do not retaliate. Section 27 will require covered employers to have such a written process and to inform employees of it, and the dispute resolution framework is built on employees raising matters with the employer first, then mediation, before any tribunal claim.
5. Brief whoever does your hiring, including whoever “just posts the ad”. Most FCF breaches I see are carelessness, not strategy.

Once the framework is live, discrimination claims of up to and including $250,000 will go to the Employment Claims Tribunals after mandatory mediation, larger claims to the General Division of the High Court, and claims will face short time bars measured in months rather than years, with the period depending on the type of employment decision complained of. Records you keep now decide cases later.

---

Frequently asked questions

Does the Workplace Fairness Act apply to companies with fewer than 25 employees?

Mostly not, at the start. Section 4 of the Workplace Fairness Act provides that the Act does not apply to an employer with fewer than the prescribed number of employees, set at 25, except for section 26, the fair consideration duty for work pass applications. The Tripartite Committee on Workplace Fairness recommended reviewing the exemption in five years. The Tripartite Guidelines and the Fair Consideration Framework still apply to small firms in full.

When does the Workplace Fairness Act take effect in Singapore?

The main Act was passed on 8 January 2025 and the Workplace Fairness (Dispute Resolution) Act on 4 November 2025, but neither is in force as at July 2026. MOM has said it intends the framework to be implemented in 2027 and TAFEP states it is slated to take effect in end-2027, with details to be set by subsidiary legislation.

Can I advertise a job as “Only Singaporeans”?

Yes. The Tripartite Guidelines on Fair Employment Practices list “Only Singaporeans” as acceptable wording, and section 22 of the Workplace Fairness Act provides that it is not discrimination to make an employment decision adversely affecting someone on the ground that they are neither a Singapore citizen nor a permanent resident. What is prohibited is preferring non-Singaporeans or any specific foreign nationality, referring to work pass types, or using language requirements as a nationality proxy without job-related justification.

What are the penalties for nationality discrimination in hiring right now?

Under the Fair Consideration Framework, MOM can debar an employer from work pass privileges for a minimum of 12 months and up to a maximum of 24 months, covering new applications and renewals of existing passes. A false fair-consideration declaration in a work pass application carries up to 2 years’ imprisonment, a fine of up to $20,000, or both.

Do I have to advertise every job on MyCareersFuture?

No. The 14-day MyCareersFuture advertising requirement applies before Employment Pass and S Pass applications. Companies with fewer than 10 employees, roles with a fixed monthly salary of $22,500 and above, short-term roles of not more than 1 month, and roles filled by a local transferee or an overseas intra-corporate transferee are exempt from advertising. MOM states that all employers must practise fair hiring even where a vacancy is exempt from advertising.

Can an employee sue my company for discrimination today?

There is no standalone statutory discrimination claim until the Workplace Fairness Act framework commences, expected end-2027. Today, complaints go to TAFEP and MOM, which enforce administratively, including through work pass sanctions. Once in force, claims up to and including $250,000 will be heard by the Employment Claims Tribunals after mandatory mediation, with larger claims going to the General Division of the High Court.

This article is general information, not legal advice. It states Singapore law as at July 2026. Speak to a lawyer about your specific situation.