The new Fair Consideration Framework rules ... will affect employers who apply for Employment Passes… for foreign professionals who work in “managerial, executive or specialised jobs.” Lexology, Dec. 13. 2013

In an attempt to increase employment opportunities for local talent, the Singapore Governmen has introduced the Fair Consideration Framework, which is slated to come into force in August 2014. The Framework will require corporations with more than 25 staff members to advertise positions with a monthly salary level up to S$12,000 in the Ministry of Manpower (MOM)’s jobs bank. The portal will only be open to Singaporean candidates, and companies must advertise for a minimum 14 calendar days prior to opening application to foreigners. No EP application will be processed until employers provide an existing advertisement ID number from the jobs bank.

MOM is also in the process of drawing up additional monitoring and inspection processes for a selected list of firms in order to eliminate nationality-based and discriminatory hiring practices. These companies will be notified in the first quarter of 2014 and lack of compliance as well as repeated complaints may result in the curtailment of work pass privileges.

Despite these ambitious plans, critics claim that participation in the jobs bank is only a minimum standard giving no clear evidence that companies considered Singaporean candidates seriously. They also call for the setting in place of clear, robust penalty structures to support enforcement.

Uncertainties are, therefore, still in place, and if you are keen to find out more about these legislative changes and how you can best structure your employment framework in compliance, join ALB’s Employment Law Masterclass, scheduled for April 8 in Singapore.

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