Ensuring Fair Consideration During Hiring
Considering Singaporeans fairly for job vacancies helps businesses remain competitive and grow in a globalised economy.
05 Jan 2024 Case Stories Recruitment
Learning Points
- Employers must consider candidates fairly for job opportunities, and not discriminate candidates based on non-job-related characteristics such as age, sex, nationality or race.
- Employers should make reasonable efforts to attract and consider Singaporeans fairly for job opportunities.
- Advertisements should clearly explain the job requirements and salary offered to attract the right candidates.
Background
Susan worked as a manager in the HR department of a company in the finance and insurance industry.
One day, the Head of HR told her to hire an employment pass applicant, a British national based at their office in London, for a managerial position in their department. Susan was given the job description, and details of the applicant’s salary package to create a recruitment post in MyCareersFuture. She was also instructed to submit the employment pass application once they met the minimum advertising period of 14 days, as mandated by the Fair Consideration Framework.
Susan was concerned as the instructions went against the usual recruitment protocols. She lodged a report with TAFEP that her company had pre-selected a non-local during the hiring process.
TAFEP's Involvement
When TAFEP questioned the company, they said there were no suitable Singaporean candidates who had the relevant experience and understanding of HR practices specific to their industry, and most of the candidates did not state examples of their skillsets in their resumes.
TAFEP found that the advertisement did not indicate that candidates were required to have in-depth understanding of HR practices specific to the industry. In addition, the pre-selected applicant had signed the employment contract before the MyCareersFuture advertisement expired. The preselected applicant’s working experience and educational qualifications also did not meet the requirements in the advertisement.
There were 28 candidates who fulfilled the advertised job requirements and had more than 20 years of full HR experience, but none of them were invited for interviews.
Outcomes
TAFEP concluded that the company failed to consider Singaporeans fairly for the position. There was prima facie evidence that the candidate was pre-selected. The posting of the job advertisement in MyCareersFuture was a paper exercise to meet the requirement under the Fair Consideration Framework and there was no intention to seriously consider Singaporeans for the position.
TAFEP assessed that there was an infringement of the Fair Consideration Framework and referred the case to the Ministry of Manpower. The Ministry found that the company failed to consider Singaporeans fairly for the position and suspended their work pass privileges for 6 months.
Disclaimer: The case study is based on an actual case handled by TAFEP. The names and identifying details in this case have been changed to protect the privacy of individuals