How to distinguish a fake higher education diploma from a real one
To avoid becoming a victim of a “swindler” who presents a fake diploma during the hiring process and has no idea how to cope with the work assigned to him, it is best to check your education document at the interview stage.
It is quite difficult to distinguish a fake diploma from a real one. This can be done in several ways:
- Examine the document carefully
. If there are no watermarks, the lines are not straight, or the signature is printed and not handwritten, then these facts should raise doubts. - View information about the university.
Now this can be done online. In the process of searching for data, it may become clear that such an educational institution does not exist at all. In this case, the diploma is definitely fake. - Use the document verification form on the Rosobrnadzor website.
However, this method is not suitable for all diplomas. While the online register of the department is not complete, so even valid documents may not be found. - Request information about the validity of the document from Rosobrnadzor or a university.
But this option is not suitable for an employer who plans to make a decision here and now. - An alternative option is to ask the applicant for confirmation of the originality of the diploma.
But this requirement should be immediately indicated in the vacancy announcement or candidate requirements.
As a rule, the only method that will help distinguish a fake diploma from a real one on the day of employment is its physical inspection and verification of the educational institution that issued it. But these methods will not give a 100% guarantee that the education document is not fake.
Responsibility for forging a diploma
Falsifying a diploma is a criminal offense. A criminal who produces falsified educational documents for the purpose of their further sale. This act is qualified under Article 327 of the Criminal Code of the Russian Federation and provides for punishment in the form of:
- imprisonment or restriction of freedom for up to 2 years;
- up to 24 months of forced labor;
- arrest for up to six months.
Important!
According to Article 327 of the Criminal Code of the Russian Federation, they can be punished not only directly for forging a diploma, but also for acquiring a false education document for the purpose of its further resale.
Criminal liability for using a fake diploma
The owner of a fake diploma will not face criminal liability if a person buys it and then does not want to use it, but, for example, simply puts it on a shelf or hangs it on the wall “for beauty.”
It is possible to punish a criminal who has a false education document only if he tries to find a job in a specialty that requires the specialization indicated in the diploma. In this case, a person can:
- fined up to 80 thousand rubles, or in the amount of the total salary for up to six months;
- oblige to work 480 hours for the benefit of society;
- forced to perform correctional labor for up to 2 years;
- arrest for 6 months or less.
Important!
An employer does not have the right to fire an employee for a fake diploma until he proves that the document is in fact fake.
How to distinguish a real diploma from a fake one is described above. But for labor sanctions, you will have to obtain documentary evidence, for example, a conclusion from Rosobrnadzor that there is no data on such a diploma in the register.
Plenum of the Supreme Court: how to punish for using fake diplomas and certificates
For the first time, clarifications of the Plenum of the Supreme Court on the application of Art. 324–327.1 of the Criminal Code were presented a month ago - at a meeting on November 19 (“Without a piece of paper: The Plenum of the Supreme Court clarified the punishment for forgery of documents”). By the “second reading” the document had undergone several editorial amendments. For example, the commission decided on the wording in one of the paragraphs about the illegal use of a tax stamp. So, in the original version of the document two options were proposed.
Sick leave and diplomas
According to Art. 324 of the Criminal Code (“Purchase or sale of official documents and state awards”) will be punished for purchasing a certificate of incapacity for work on the Internet, according to which the employee will be sent on sick leave and benefits will be paid. This also includes a conclusion about the absence of contraindications to driving a car in order to pass the exam and obtain a driver’s license.
Lebedev announced new resolutions of the Plenum of the Supreme Court
The crime is considered completed from the moment the document is presented in order to obtain rights or be released from obligations. It does not matter whether the attacker was able to achieve his goal, whether he received his sick leave or not.
If a document was used more than once, but over a long period of time, then the statute of limitations for criminal prosecution for such a crime should be calculated from the moment the use of the counterfeit actually ceased. For example, if an applicant provided a fake diploma when applying for a job, the statute of limitations should be counted from the day he finished working in the organization.
Forged documents
The Plenum of the Supreme Court calls any counterfeit documents that certify legally significant facts, with the exception of counterfeit passports and IDs, deliberately forged documents. For example, this is a civil contract, a diagnostic card of a vehicle, or a decision of a general meeting of owners of premises in an apartment building.
The use of false documents will be punishable by a fine of up to 80,000 rubles. (or another sanction from Part 5 of Article 327 of the Criminal Code).
Forgery of license plates and “addition” of documents
Punishment for falsifying license plates is provided for in Art. 326 CC. The Plenum explains that “counterfeiting” can be understood not only as the production of obviously fraudulent signs, but also any editing of an existing number. Criminal liability also threatens those who tint, clean up the numbers on the license plate of their car or change it in any other way so that the registration plate looks visually different.
The Plenum of the Supreme Court taught how to resolve disputes about guarantees
The prohibition of “additions” and other changes applies not only to license plates, but also to any other documents. For “illegal alteration of individual parts of an authentic official document by erasing, adding, or replacing elements that distort its actual content,” they will be punished under Art. 327 CC.
Qualification Features
The Plenum of the Supreme Court clarifies that all crimes related to forgery of documents are crimes with an intentional form of guilt. This means that when deciding on punishment, the court must take into account that the defendant had the intent to forge or use false documents.
And when deciding whether a crime is minor, the judge must evaluate the quantitative and qualitative characteristics of the forgery, the motive and purpose that guided the defendant, and also take into account the circumstances that contributed to the commission of the crime.
Resolution of the Plenum of the Supreme Court “On some issues of judicial practice in cases of crimes provided for in Articles 324–327.1 of the Criminal Code of the Russian Federation.”
- Maxim Varaksin
- Supreme Court of the Russian Federation
The procedure for canceling an employment contract if an employee is found to have a fake diploma
The Ministry of Labor reminds that an employer does not have the right to cancel an employment contract if he finds out that he has a fake diploma. In this case, if the offended employee goes to the labor inspectorate or court, the company will be obliged not only to return him to the staff, but also to pay lost income, as well as pay moral damages.
The thing is that after the employment contract comes into force, the person is considered hired, even if he has never performed labor duties.
Important!
To avoid problems, the employer needs to organize a procedure for dismissing the employee, rather than canceling the agreement.
Moreover, it is not always possible to fire an employee who has a false education document.
Verification of the authenticity of the diploma by the employer
The law does not oblige all employers to verify the diplomas of employees. But they have such a right. As a rule, diplomas are checked when hiring employees in the following industries:
- Military and defense industry.
- Maritime business.
- Public service.
- Law enforcement agencies.
The procedure for verifying the authenticity of a diploma involves sending an official request to the university. There they check whether the person studied and graduated from an educational institution in a specific specialty. The response to the request serves as official proof of the authenticity of the diploma or confirms the fact of its falsification.
Sellers of fake diplomas convince clients that there is no need to be afraid of exposure, because student documents are kept for only three years. It's a lie. After this period, all documents are not destroyed, but are sent to the archives of the educational institution. If necessary, they are found in the archive and checked. Therefore, upon request, you can easily check your diploma, regardless of the date of graduation from the university, as well as the country in which the student studied.
In what cases can an employee be fired for a fake diploma?
As mentioned earlier, it is not always possible to fire an employee specifically for a fake diploma. The Ministry of Labor named 3 cases when an employee’s presence of a false education document is a clear reason for terminating the employment relationship.
| Case of an employee holding a fake diploma | When can you fire? | When you can't fire someone |
| The employee presented a false diploma during the employment process | You can be fired if the employer clearly stated that he would allow a person with certain knowledge and skills to perform his job duties, which was confirmed by a fake diploma during the employment process. That is, the document certifies that the candidate has the knowledge required to perform the job well. | You cannot be fired if a person presents a fake diploma when applying for a job, but it does not in any way indicate the candidate’s specialization required for the position in question. For example, if a woman is employed as a cleaner and has presented a manager’s diploma, then she cannot be fired, since the education document has nothing to do with her position and does not affect the quality of the work she performs. |
| The employee holds a position that requires special knowledge and skills confirmed by a diploma | If an employee occupies a position requiring specialization according to a diploma, then a fake education diploma is a reason for dismissal. In this case, you can terminate the relationship with an accountant, doctor, teacher, etc. You can also fire those who presented documents on advanced training after employment. | Persons whose position is not related to their degree education are not subject to dismissal. |
| The employee did not confirm the level of knowledge | The most effective method to fire an employee who has a fake diploma is to conduct certification. If the level of knowledge does not meet the required level, then the relationship can be terminated, either on the basis of a fake education document, or due to the employee’s inadequacy for the position held. | If an employee successfully passes the certification, then it is impossible to fire him just for a fake diploma, since his level of knowledge is sufficient to carry out his job duties. In this case, you need to act using other methods. |
It should be noted that it is much more difficult to fire an employee for a fake diploma that he brought after employment. The thing is that when hiring his employer, everything was fine, and the education document did not play the most important role.
In this case, you will have to negotiate with the employee himself. But, if the list of his work responsibilities has changed, due to which advanced training confirmed by a diploma is required, then the falsification is grounds for termination of the employment relationship.
When an employee with a fake diploma cannot be fired
The Ministry of Labor named cases when it is prohibited to fire an employee who presented a fake education diploma:
- The position does not require specific qualifications.
For example, you can work as a manager without any educational requirements, so the presence of such an employee with a fake diploma cannot be a reason for dismissal. - The employee has two diplomas:
the first is fake, and the second is real. But in this case, the latest educational document must relate specifically to the position held. - The employee did an excellent job with the certification.
Then a controversial situation arises. On the one hand, the specialist has confirmed his knowledge and has the opportunity to perform work duties, but on the other hand, he does not have a diploma. However, it is still impossible to fire an employee just for a fake diploma.
Important!
It is prohibited to fire an employed pregnant woman for a fake diploma, regardless of qualification requirements.
Why do you need a fake diploma?
In many cases, a diploma is a ticket to a more successful life. Therefore, cases of forgery have become more frequent. Why do people resort to such fraud?
- For promotion. Recently, employers have been placing increasingly stringent demands on their employees. Lack of specialized education can be a serious obstacle to career advancement. And when the employee’s age approaches retirement, then in this case there simply won’t be enough time for training.
- To get a high-paying job. The potential employee simply did not receive a higher education and resorts to buying a fake diploma in order to get a job.
- In order not to fall under staff reduction. All other things being equal, having a diploma will be a significant advantage over colleagues.
Whatever the reason for purchasing a fake diploma, it is fraud and is punishable by law.
Rules for dismissing an employee for a fake diploma
When dismissing an employee for a fake diploma, be sure to pay attention to several important rules.
- First of all, never agree to persuade an employee to terminate the employment relationship by agreement of the parties after his vacation. That is, you can fire someone, but you cannot process a vacation application. This offense is punishable in accordance with Article 5.27 of the Code of Administrative Offenses with a fine in the range of 30-50 thousand rubles.
- You cannot fire someone who is on sick leave for a fake diploma. We'll have to wait until the ballot closes.
- It is prohibited to terminate a relationship for a false document on the education of a minor. In this case, the procedure must be agreed upon with the labor inspectorate.
- Also, you cannot fire an employee who performs work duties remotely. This can only be done after the employee returns or begins the traditional form of work.
It is interesting that in practice there have been situations when a fake education document was found in the possession of very extraordinary employees. For example, in 2007, a fake was found on a teacher in the Rostov region who won the “teacher of the year” competition.
What is the likelihood of punishment?
The process of qualifying a crime in the field of falsifying educational documents is not as simple as it might seem at first glance. It is not enough to prove the fact of forgery and the knowledge of the diploma holder about it. An important aspect of the investigation is proof of the fact that this diploma was used when applying for a high-paying job. If the diploma was not used to obtain certain advantages and special rights, then the case rarely comes to court.
Often the employer himself is not interested in conducting an investigation. If this is a well-known company, then the fact of hiring people with fake diplomas can cause significant damage to its reputation.
In some cases, a fake diploma is difficult to distinguish from a real one. Sometimes, in addition to a request to the university, the investigation orders a forensic examination. But in many organizations no one will doubt the authenticity of a high-quality fake. Consequently, the employee will not be held accountable.
However, some employers only accept diploma holders from licensed universities. Such diplomas are required to be registered.
