An employer may include a Mandarin-language requirement where it is genuinely necessary for the role and the advertisement clearly explains the job-related reason. Merely adding an explanation will not correct a requirement based on preference rather than actual business duties.
The Tripartite Guidelines on Fair Employment Practices (TGFEP) apply today. The Workplace Fairness Act (WFA) adds statutory protections when it commences, currently slated for end-2027. Race, religion and language ability are among its protected characteristics, and hiring is expressly within scope.
Under the TGFEP, selection criteria should be stated clearly in the job advertisement and should relate principally to qualifications, skills, knowledge and experience. Where a position requires an attribute that may be viewed as discriminatory, the employer should first be satisfied that it is a requirement of the job, and then state the reason in the advertisement. The stated reason explains a requirement that already exists in the duties; it does not create one.
Where a job entails proficiency in a particular language, the employer should justify the need. TAFEP’s examples include a Chinese-language teacher at a preschool centre, a translator for a Malay-language magazine and a tour guide handling groups requiring Mandarin. The advertisement should be in the language of the advertising medium. Any specified language proficiency or additional text in another language should have a job-related reason.
Race should not be used as a selection criterion. Statements such as “Chinese preferred” or “Chinese / Malay / Tamil speaking environment” should not appear in a job advertisement. A language requirement must describe a skill needed for the work, rather than serve as a proxy for race.
TAFEP’s guidance on online job advertisements asks employers to avoid unexplained wording such as “able to speak Mandarin” and state the job-related reason where proficiency is needed. MyCareersFuture reviews postings and flags potentially discriminatory terms to employers. Employers and their appointed intermediaries should review advertisements before publication.
Three points matter for advertisements:
The Act also permits employers to prefer Singapore citizens and permanent residents in employment decisions under its citizenship and permanent residency exception.
Work through these questions with the hiring manager:
Specific answers help establish whether the requirement is genuine. The availability of translation support does not automatically resolve the assessment. If the employer cannot substantiate the language requirement through the actual duties, the criterion should be removed.
The fact that a reporting manager speaks Mandarin, or that the team generally uses Mandarin, is insufficient by itself. Rewording an unsupported criterion will not make it compliant.
Instead of: “Must speak Mandarin. Chinese preferred.”
Write: “Spoken and written Mandarin required: the role handles daily order queries from suppliers in Shenzhen and Ningbo who correspond only in Chinese.”
Instead of: “Mandarin-speaking working environment”
Write: “Business-level Mandarin required: the role handles weekly technical discussions and written reports for customers in China who communicate only in Mandarin.”
Instead of: “Mandarin an advantage”
Write: Remove the language criterion if it is not genuinely required for performing the role.
Instead of: “Native Mandarin speaker”
Write: “Business-level spoken and written Mandarin required to conduct client meetings and prepare proposals for Mandarin-speaking customers who cannot communicate effectively in English.”
These examples should be used only where they accurately reflect the role. Do not invent customer or supplier needs to justify a language criterion. “Chinese preferred” refers to race and should be removed. Describe language proficiency through the tasks the candidate must perform rather than through “native” status.
Unless an advertising exemption applies, employers submitting an Employment Pass or S Pass application must advertise the role on MyCareersFuture for at least 14 consecutive days and fairly consider the applicants. No job offer should be made during the mandatory advertising period.
If advertisement details change, including the hiring entity’s unique entity number, occupation, salary or number of vacancies, a new advertisement must be posted and remain open for at least another 14 consecutive days before submitting the application. Advertisements that expired or closed more than three months earlier cannot support an application.
The advertised occupation and employer must match the application. The salary range must be visible and contain the candidate’s offered salary, with the maximum no more than twice the minimum. Where one advertisement supports multiple applications, the number of applications must not exceed the advertised vacancies.
MOM publishes these four exemptions for both Employment Pass and S Pass applications:
For local transferees, MOM allows an exemption where the companies are undergoing a merger and acquisition, amalgamation or corporate restructuring, or where the candidate transfers from a company with common shareholders owning at least 50% of both companies.
A separate exemption applies to Employment Pass applications for candidates meeting MOM’s definition of an overseas intra-corporate transferee under WTO GATS or an applicable free trade agreement, including the relevant service and role requirements. This differs from the local transferee exemption and is not listed among the S Pass advertising exemptions.
Exemption from advertising does not exempt an employer from fair hiring. All employers must practise fair hiring even where a vacancy qualifies for an advertising exemption.
Employers breaching fair hiring requirements may face work pass debarment of at least 12 months and up to 24 months, covering renewals and new applications. Employers or key personnel convicted of making false declarations that candidates were considered fairly may face imprisonment of up to two years, a fine of up to S$20,000, or both. An unsupported language criterion can expose an advertisement to scrutiny; false declarations are a separate offence.
MOM expects employment agencies to uphold the TGFEP and Fair Consideration Framework when working for clients. Under the Employment Agencies Licence Conditions, an agency must include its full name and licence number in the relevant signboards, documents and advertising materials. Relevant documents must identify the employment agency personnel involved, and advertisements referring to specific personnel must include their full name and registration number as stated on their registration card.
Agencies must also brief employers on the prevailing TGFEP recruitment guidelines and retain documentary proof as required by their licence conditions.
In its EA Alert dated 6 June 2025, MOM reported enforcement action, including demerit points, against 15 employment agencies and identified agency identification, personnel identification and employer briefings with documentary proof as frequent administrative breaches.
“When a client says Mandarin is essential, we do not simply copy that requirement into the advertisement. We first clarify who the employee must communicate with, how frequently the language will be used, and which duties require it. This helps distinguish a genuine business requirement from a general preference.”
— Ker Bee Bee, Founder & CEO, Strategic Search Specialist (S) Pte. Ltd.
Strategic Search Specialist (S) Pte. Ltd. helps employers translate operational needs into clear, job-related selection criteria, prepare fair job advertisements, source and screen suitable candidates, and keep recruitment details aligned with relevant EP or S Pass advertising requirements.
Can a Singapore employer require Mandarin?
Yes, where the actual duties genuinely require it and the advertisement states the job-related reason. Remove the criterion if it cannot be substantiated.
Is “bilingual in English and Mandarin” acceptable?
Only where the role genuinely requires both languages and the advertisement explains why. Without an explanation, the wording may convey a preference for particular groups rather than a job-related skill requirement.
Does the Workplace Fairness Act ban Mandarin requirements?
No. Its genuine job requirement exception can apply to language ability. Assess the nature of the work and whether it can reasonably be performed without that ability; the team’s usual language is insufficient by itself.
Do these rules apply to small companies?
The TGFEP applies to all employers. Employers with fewer than 25 employees are expected to be initially exempt from the WFA, subject to review. Small firms must still practise fair hiring.
Hiring for a position where Mandarin or another language is genuinely required? Submit your vacancy brief to Strategic Search Specialist (S) Pte. Ltd. We can help you define the requirement, prepare the advertisement and identify suitable candidates.
Submit your vacancy brief: https://strategicsearchspecialist.com/strategic-search-for-employers/#submit-vacancy
WhatsApp: +65 9436 2866 · https://wa.me/6594362866
TAFEP — Tripartite Guidelines on Fair Employment Practices
https://www.tal.sg/tafep/getting-started/fair/tripartite-guidelines
TAFEP — Tripartite Guidelines full text
https://www.tal.sg/tafep/-/media/tal/tafep/getting-started/files/tripartite-guidelines.pdf
TAFEP — How to Avoid Being Discriminatory in Online Job Ads
https://www.tal.sg/tafep/resources/articles/2020/how-to-avoid-being-discriminatory-in-online-job-ads
TAFEP — Workplace Fairness
https://www.tal.sg/tafep/workplace-fairness
MOM — Fair Consideration Framework and penalties
https://www.mom.gov.sg/employment-practices/fair-consideration-framework
MOM — Employment Pass: consider all candidates fairly
https://www.mom.gov.sg/passes-and-permits/employment-pass/consider-all-candidates-fairly
MOM — S Pass: consider all candidates fairly
https://www.mom.gov.sg/passes-and-permits/s-pass/consider-all-candidates-fairly
MOM FAQ — local transferee exemption
MOM FAQ — overseas intra-corporate transferee exemption
MOM — EA Alert dated 6 June 2025
MOM — Employment Agencies Licence Conditions
https://www.mom.gov.sg/-/media/mom/documents/employment-agencies/ea-licence-conditions.pdf
Workplace Fairness Act 2025, sections 19, 20 and 22
https://assets.egazette.gov.sg/2025/Legislative%20Supplements/Acts%20Supplement/06.pdf
Information checked as at 10 October 2026.
This article is general information and not legal advice. Employers should refer to the current MOM and TAFEP pages linked above or seek professional advice on their specific circumstances.
Strategic Search Specialist (S) Pte. Ltd. · EA Licence No. 23S2050 · Ker Bee Bee, Founder & CEO · EA Personnel Registration No. R1551477