Responsibility for falsifying a work record for employment in 2022

One of the reasons why the Government plans to introduce electronic work books is their widespread counterfeiting. At the same time, falsification of a work record by an employee causes problems not only for the employee himself, but also for his employer. To avoid becoming involved in a crime, the employer should distinguish a fake document from a real one. From this article you will learn why employees falsify work books, how they falsify a document, what is the responsibility for falsifying a work book, how to check the authenticity of a document, what are the signs of a fake document, what should an employer do if a fake work book is detected.

What is the purpose of falsifying a work record?

Important! Even if the work book form turns out to be false through no fault of the employee, such a document will not have legal force.

An employee may have a fake work book even because he simply did not know what a document that meets legal requirements should look like. However, most often it is unscrupulous applicants who try to mislead a potential employer. It also happens that the previous employer is at fault because he bought a blank form at a regular kiosk or entered the information inappropriately.

If we talk specifically about attackers, they can pursue various goals by handing over a fake work book to the employer:

• concealment of unpleasant facts (for example, at a previous place of work, an employee violated labor discipline, made a serious mistake or committed an offense, which was recorded in the work book, and now does not want to lose the opportunity to get a similar position);
• new employment (for example, an employee reported in a fake work book that he has work experience and higher qualifications, thereby gaining a chance for employment and an advantageous position in comparison with other candidates);
• registration of a pension benefit (the work book indicates a long insurance period, and therefore a higher pension is assigned).

Summary

Questions

1. What the realtor threatens for falsifying my work record and what awaits me.

1.1. It depends on what the goals are and what has already been done about it?

1.2. File a police report against them. If you have nothing to do with what happened, then nothing.

1.3. Responsibility for forgery of the Labor Code is established by Art. 327 of the Criminal Code of the Russian Federation. The law provides for administrative and criminal measures of restraint for such acts. And since they don’t just make it for you, I think Art. 159 of the Criminal Code of the Russian Federation will disappear.

2. What is the penalty for falsifying a work record?

2.1. If it's just a fake - Art. 327 part 1 of the Criminal Code of the Russian Federation. If the forgery is subsequently presented to the employer for employment - the totality of Art. 327 part 1 and art. 327 part 3 of the Criminal Code of the Russian Federation. So it goes.

2.2. Liability under Article 327 of the Criminal Code of the Russian Federation when using a fake document

2.3. Criminal liability may arise under Art. 327 of the Criminal Code of the Russian Federation, as well as 159 of the Criminal Code of the Russian Federation

2.4. They answered you not quite correctly at the top. The corpus delicti under Article 327 of the Criminal Code of the Russian Federation will only occur if the forgery was committed in order to obtain rights or be relieved of obligations

Currently, a work book does not give any special rights, and certainly does not relieve one from any responsibilities. What is the point of falsifying anything in it?

3. Please excuse the question: is it possible or not to work with two work books... is it possible to have work experience, will it be considered a forgery of documents or not.

3.1. You can’t, because your work book is registered with a pension fund or social insurance fund: sm_be: No one will register TWO books for you, and it is IMPOSSIBLE to “earn” work experience on an unregistered book: sm_ad:

4. Lawyers. 20 years ago, an entry in the work book was corrected (falsified). When registering a pension, a falsified entry surfaced. What legal measures can be taken for this act?

4.1. Hello, I believe the statute of limitations for bringing to justice specifically for forgery has expired, but for the use of a deliberately forged document now, if the forgery surfaced when applying for a pension, then you may be brought to justice under Part 3 of Article 358 of the Criminal Code of Ukraine.

5. My husband worked as a general director for 7 years, decided to quit, upon dismissal he received only a work book, they gave me a paycheck for 14 thousand, but they didn’t let me sign on the statement and didn’t give me a pay slip, we assume the signature is fake, my mother is the runner. There is no employment contract, is it possible to contact the labor inspectorate to prove that the signature was made and I would like to make sure that the calculation is only 14 thousand?

5.1. Good afternoon You have the right to apply not only to work. Inspection, but also to the prosecutor's office for the purpose of conducting an appropriate inspection and making a decision.

5.2. If there is a dispute about payment upon dismissal, you can contact the state labor inspectorate to conduct an inspection and take action.

5.3. Hello! You can file a complaint with the labor inspectorate or the prosecutor's office. The complaint is written in any form. The response period is 30 days from the date of registration of the request.

6. I have worked in areas equivalent to the regions of the far north since 1982, and I have the right to retire at the age of 56, but the pension fund refused me because I have a duplicate work book. What should I do, where should I turn if the work book is valid and not a fake, as they write?

6.1. Only in court should you include periods of work in the regions of the far north in your length of service. As a rule, in such cases, testimony is required from witnesses who worked with you during the disputed period.

6.2. Go to court. You can also confirm the period of work by obtaining a certificate from your former employer indicating the salary amount.

7. One organization issued a personal income tax certificate 2 and an entry in a new work book to a non-working person for the bank. This man, a year later, demands wages and moral damages. How to prove that a person didn’t work, didn’t earn a penny? How to avoid getting an article for falsifying documents?

7.1. hire a lawyer or lawyer

8. If the work book is not filled out by the employer but by his authorized representative, then the employer opens a criminal case against me, allegedly not filled out by him and not his handwriting, in this case, can this work book be considered a fake?

8.1. Can be considered Sarkis if the authorized person does not have a power of attorney

9. Will this constitute forgery? Hello dear friends! I need your help. Please tell me, can I get an official job if I was not officially employed at my previous job, but at the same time having an entry in the work book, for example, a 5th category argon welder, without having any certificates confirming my profession and category? Would this constitute forgery?

9.1. Hello! This is not forgery

How do citizens falsify work records?

Forgery of a work book can be done in several ways, namely:

• a person can purchase from scammers a fake seal of an existing or non-existent organization;
• you can agree with a commercial company that is periodically transforming to have a seal put on it;
• it is possible to make a false entry in the work book;
• you can replace a legally issued work book;
• some replace several sheets of a document;
• False entries are often made (most often the employer enters information about an employee who does not actually work for the company).

Ways to create a fake document

The most common are the 1974 and 2003 "linden" ones. Their high degree of prevalence is due to the fact that for a certain period of time (late 1990s - early 2000s) they could be freely purchased at any stall. Then we looked for a company that was undergoing a planned transformation. Immediately after the transformation, a fictitious entry was made and certified by the old seal, which they did not have time to liquidate.

The most common fake work books are those from 1974 and 2003.

At that time, control over the personnel system was not very strict, so some companies even provided services that contributed to the creation of “lips”.

Another method was to have a company seal made. It was quite cheap and relatively accessible. The owner of an empty book filled out its title page, made the necessary fake entries and certified it all with a forged seal and signature.

Due to the existing strict monitoring of personnel records, it is practically impossible to fake a labor document, however, those who are still doing this use similar algorithms.

Forgery of a work record: what the law says

Important! If the employer, after he hired a new employee, discovered that the work book was fake, and the employee quit before the circumstances were clarified, he is considered guilty of forging the document.

According to current legislation, an employer who certified a fake work book must pay a fine. However, if he is able to prove his non-involvement in the case (after all, the law does not oblige employers to check the authenticity of the documents submitted by the employee), the court will probably not oblige him to bear financial responsibility.

With an employee who handed over a false work book to the employer, the law allows the employment contract to be terminated, but it is necessary to prove his guilt. Because if a fake book was issued by a previous employer, the employee needs to issue a new document, help in collecting certificates from previous places of work and be allowed to continue working.

Forgery of a work record: how to recognize a fake document

Important! The employer should pay attention to work records, since it is much better to recognize a false document from the very beginning than to later prove non-involvement and bear financial responsibility.

You should pay attention to the following things that indicate that the document is not genuine:

• compositional or mechanical traces of counterfeit are visible;
• there are logical contradictions in the records;
• a non-standard font was used;
• there are spelling errors;
• the color of the forms is different;
• crossed-outs, blots, and corrections are found that are not permitted by current labor legislation;
• no seal.

How to check a document series:

See how to find your serial number, watermark, and other markings ⇒ here.

Sizes and types

The work book has three possible years of issue . Books from 1938 cannot be counterfeited; in any case, there have been no identified precedents. In addition, they have practically gone out of use. Cases of their use are few.

Basically, we can talk about fake TC:

• 1977 release;
• 2003 release.

Please note that these books vary in size and cover structure.

In some cases, uninformed young entrepreneurs doubt the authenticity of the labor document if it differs in size from others.

Keep in mind that it is normal if they are of different vintages.

Possible dimensions of the work book in centimeters and by number of pages:

1. The 1977 TC has dimensions of 10 x 14 cm. The number of pages is 40.
2. The TC of 2003 has dimensions of 8.8 x 12.5 cm. The number of pages is 44.

Common mistakes

Error: The employee whose employment record was found to be fraudulent was immediately fired.

Comment: An employee can be fired for falsifying a work record book only after his guilt has been proven in court.

Error: The employer produced a duplicate work record book, which turned out to be fake when the employee was hired.

Comment: A duplicate cannot be issued, since the original work book contained unreliable entries.