Confirmation of the crime is considered both in written and material form. At the same time, if we are talking about forging a signature in a contract, the contract itself will be considered as material evidence, since in court it will be the material properties of the document that will be of interest. In the event of a forgery of the contract itself, or part of it, this document will be considered as written evidence, namely the information contained in it. In this case, a personal official document is accepted as identification. It contains complete or partial information about the owner.
This could be demographic, social, or job-related data. The concept of another official document refers to papers of an approved sample that allow the use of additional benefits or relieve one from any obligations that have been analyzed. Unfair attitude towards work by a civil servant, as a result of which citizenship or a passport of the Russian Federation was issued to a foreign person.
- A fine of up to 80 thousand rubles.
- Collection of funds received as a result of labor or other activities for a period of up to six months.
- Forced labor up to 360 hours.
- Restriction of freedom for up to 1 year.
- Disciplinary work for up to 1 year.
Forgery of a signature in an employment contract is an employee's responsibility
If it is determined that the signature is a fake, the employee who signed will be in trouble. He risks being charged with fraud (Article 159 of the Criminal Code of the Russian Federation), forgery of documents (Article 327 of the Criminal Code of the Russian Federation), as well as falsification of documents in the case (Part 1 of Article 303 of the Criminal Code of the Russian Federation). His actions are qualified depending on the circumstances.
Legal services for individuals and legal entities:
There are many examples in practice when a counterparty objects to a contract and goes to court. The counterparty files a petition for falsification of documents or that the signature on the documents does not belong to the director of the company (Article 161 of the Arbitration Procedure Code of the Russian Federation). When it is unclear who signed the documents, the court orders a handwriting examination. An employee who signs for a manager may be subject to criminal liability.
Also, falsifying a signature has negative consequences for the employer. Is forgery of a signature in an employment contract an employee's responsibility? The company's deal is declared invalid. An employee may be held accountable for falsifying evidence if documents that the employee signed for the director are sent to court on behalf of the company. For example, a lawyer signed an agreement for a manager and presented this agreement to the court. But if the lawyer did not know that the signature did not belong to the director, he will not be charged with falsifying evidence. The authenticity of signatures on documents is established using handwriting examination. The expert checks the authenticity, determines the depth of the notch, the degree of pressure and the level of inclination when writing.
Often, an expert formulates a conclusion in the form of phrases like “the signature is most likely unreliable and was made in an awkward position when the unknown person is physically tired,” or “the signature was made not by the general director, but by another person by imitating his original signature.”
How to check authenticity
Currently, various measures are used to identify fictitious employment. The inspection can be carried out by a government agency responsible for monitoring the activities of companies. Or the employee will want to identify violations in the agreement. To make sure that the document is not fictitious, you can use the special service of Rostrud. The Federal Service for Labor and Employment offers to check the contract online.
Considering the fact that individuals often do not know all the provisions of the Labor Code of the Russian Federation, it will be useful for them to use this service. Employers can also review the completed document to ensure it is correct. If it turns out that any conditions are contrary to the law, it is worth changing them.
Currently, illegal cases related to employment contracts are being actively prevented. The Labor Protection Inspectorate can inspect any company to identify violations. If they are detected, then a certain measure will be applied. The company may receive a warning, and in the worst case, it or the employee will face criminal charges.
Criminal liability for signature forgery
If a person deliberately changed some data in a document, signed an autograph for another person, then if a falsified document is discovered, he can be punished if it is proven that the document was “fake” and the signature does not belong to the person whose name appears on the document .
If 2 years have already passed since its moment, then the person cannot be held accountable under Art. 327, paragraphs 1 and 2. But in the case of paragraph 3 of the same article, the limitation period is doubled and is 6 years.
A person’s personal signature is an object of his intellectual property .
It is confirmation that a specific person, whose surname and initials appear next to the signature, actually signs this or that document.
- recovery of funds up to 80 thousand rubles or, as an alternative, deduction of wages for a certain period;
- performance by a convicted person of community service for a period of up to 480 hours;
- correctional labor for a period of up to 24 months;
- imprisonment for up to six months.
Such an offense is resorted to for various reasons, for example: The company submitted internal reporting documents and other written evidence . The court sided with the employer because: If an employee decides to resort to falsifying an employment contract , he usually “corrects the most important conditions for himself: This is due to the fact that the company provides all the documents about the employee’s failure to fulfill official duties. Often these papers are falsified: absenteeism reports signed by the commission; punishments were imposed for these absenteeism, what are the orders, etc. When a decision is made to initiate a criminal case or not, law enforcement agencies pay attention to whether the offender had personal interest or other intentions.
It is important whether the meaning of the content of the document is distorted. For example, if an accountant signs an income certificate for a manager, but the contents of the document reflect reality, they are unlikely to initiate a criminal case. But, if changes are made to 2-NDFL that distort the meaning, Article No. 292 of the Criminal Code of the Russian Federation may be applied to the guilty person.
Civil legislation establishes that signing an agreement for the head of a legal entity by an unauthorized person is contrary to the law, therefore such a transaction is invalid.
It happens that while the general director is on vacation or a business trip, he asks an in-house lawyer to sign an agreement for him, but without a power of attorney. If the counterparty suspects signature falsification, there is a risk that he will go to court with the intention of challenging the transaction and will require a handwriting examination.
The director of the Argument legal bureau, Andrey Aleksandrovich Larin, will tell you what consequences such actions can lead to.
Fraud is committed by deception or breach of trust. Forging a document is one of the ways of deception. However, forging a signature on a contract is not enough for the lawyer’s actions to be regarded as fraud if there were civil legal relations between the parties. To protect the transaction, refer to its subsequent approval by the organization or counterparty, depending on whose signature on the contract is forged. Support your position with references to judicial practice in favor of the validity of the transaction.
If the other party's goal is to get rid of a bad deal, additionally highlight his dishonest behavior. What is the liability for forging a signature in an employment contract? In accordance with civil law, an agreement is considered concluded if the parties have reached an agreement on all the essential terms of the agreement.
FORGERY OF A RECORD AS A RESULT OF COMMERCIAL BRIBERY
In addition to the official component inherent in the work book, in our country this document performs another important function during employment. It plays the role of a letter of recommendation, which can influence the decision of a future employer to hire a person. It reflects the reasons for dismissal from previous jobs, as well as information about awards and thanks.
The same arguments are also used by persons applying to commercial organizations to obtain a record of work experience. In this “deal,” the petitioner persuades the assistant, for a fee, to make an entry in his work book, which can help him find a job. Thus, both parties (the petitioner and the assistant) become participants in a criminal act qualified under Art. 204 of the Criminal Code of the Russian Federation “Commercial bribery”.
Article 204 of the Criminal Code of the Russian Federation describes two independent elements of crime: a) illegal transfer of remuneration to a person performing managerial functions in a commercial or other organization (parts 1 and 2); b) illegal receipt of such remuneration (parts 3 and 4).
The fact of a false entry in the work book can be established during operational search activities when one of the parties to the crime (giving or receiving money) contacts law enforcement agencies with a report of a crime being committed. In addition, a false entry in the work book can be detected by a Pension Fund employee when checking the documents provided for calculating a pension.
However, crimes under Art. 204 of the Criminal Code of the Russian Federation, like corruption ones, are latent.
Transfer of bribe.
As a rule, the identification of crimes provided for in parts 1 and 2 of Art. 204 of the Criminal Code of the Russian Federation, occurs on the basis of a statement from a company representative, to whom a person applies with a request to enter information into the work book that does not correspond to reality. This crime is detected much less frequently than the detention of persons who receive bribes (parts 3 and 4 of Article 204 of the Criminal Code of the Russian Federation).
When considering the said application, the investigative body must take measures to establish and assess the presence of elements of a crime that allow qualifying actions under parts 1 and 2 of Art. 204 of the Criminal Code of the Russian Federation. In particular, in order to prove the objective side of the crime, it is necessary to find out and record: - intentions to transfer money or provide services for illegally entering false information about work activity into the work book in the interests of the giver; — conditions for the transfer of property or provision of services (place, time, method of transfer of money), including measures to disguise it; — voluntariness of filing a complaint about commercial bribery; - damage caused by commercial bribery.
The actions of a person who proposes to add false information about work activity to the work book are carried out only with direct intent. That is, he understands the illegality of transferring money or other property to someone who performs managerial functions in an organization for performing an action (inaction) in his interests and wants these actions to be performed. Despite the fact that the motive for committing a crime does not affect qualifications, it must be established. That is, you need to find out why the briber subsequently wanted to use the work book with a false entry.
To investigate the case, it is also important to find out: - the relationship between the subjects of the crime; - the circumstances of their acquaintance and establishment of contacts, ways of forming and maintaining relationships; — the environment surrounding commercial bribery; - the circumstances of the conspiracy regarding the transfer, receipt as a gift of money, valuables, etc., the role of the organizer and other participants.
Finally, in the process it is necessary to establish: - the exact name of the organization, the subject and purpose of the activity, the conditions and procedure of work, regulatory materials governing them (charter, rules, instructions, orders, instructions, etc.); - the position of the person to whom bribery is offered, the period of work in it, the range of responsibilities (with special attention to the presence of the authority of this person to hire and dismiss), regulatory materials governing his activities.
FROM PRACTICE.
On October 26, 2010, the Neman City Court of the Kaliningrad Region passed a verdict against K. The convict intended to officially find employment at Stroy-West LLC. He knew that one of the conditions for employment is the presence of work experience in the construction industry, recorded in the work book. To prove his length of service, K. turned to the director of NemanStroyServis LLC with a request to make a fictitious entry in his work book about working for the LLC for a fee. After the agreement, while in the office of the director of NemanStroyServis LLC, K. handed over to the director his work book and money for performing actions in his interests, expressed in the latter making a fictitious entry in the work book (case No. 1-90/2010).
Receiving a bribe.
Bribery, like taking a bribe, is a crime that is usually detected little more easily than the reverse process.
This is due to two reasons. Firstly,
information that an official of a commercial organization makes false entries in the work book for money can be verified during an operational investigation (operational experiment, observation, wiretapping of telephone conversations). Actions to make a false entry are, as a rule, one-time and it is extremely difficult to prove after the fact the fact of transfer of funds for the service provided.
Secondly,
information about the person who offers commercial bribery comes only from the person who is offered a reward for illegal actions. The appearance of such information by law enforcement agencies depends on the integrity of the person who was approached with a proposal to forge a work record book. At the same time, information about a person who takes money for entering false information in a work book may come not only from a person who initially decided to commit a crime and then abandoned it. It can be obtained during operational search activities, and can also be provided by the security services of companies that screen applicants for vacant positions.
An operational investigation to record the fact of receipt of commercial bribery can be initiated either at the request of a person who contacted a law enforcement agency with a report of a crime, or based on information from the law enforcement agency itself as part of an operational accounting case.
FROM PRACTICE.
The Pachelmsky District Court of the Penza Region, with a verdict dated August 18, 2015, convicted K. honorably. 3 tbsp. 204 of the Criminal Code of the Russian Federation. K. served as chairman of the Ararat Union of Industrialists and Entrepreneurs. He had the authority to hire and fire workers. In May 2015, S. approached him with a request to make entries in his work book stating that he allegedly worked at the Ararat SPSPC. Inside his car, K. personally made entries in S.’s work book under numbers 1 and 2, containing information that did not correspond to reality: about S.’s acceptance into the Ararat SPSPC and about S.’s dismissal at his own request. After which he received money from S., but was immediately detained by officers of the Russian Department of Internal Affairs in the Pachelmsky district. As follows from the case materials, S. initially approached K. with a request to make false entries in the work book provided to him, so that this would help him get a job in one of the companies in the Moscow region. The crime would have been committed and would have remained undetected if S. had not had a conversation with his friend T., who convinced him of the illegality of his actions and persuaded him to contact law enforcement agencies. After the police officers accepted the statement from S., operational search activities were carried out, in particular an “operational experiment”. Before it began, S. was examined. Then the operatives gave him money and inspected his work record, which recorded the absence of records of work at the Ararat SPSPC. Then S. was given the means to make an audio recording. After carrying out the operational investigation, police officers, together with employees of the Investigative Committee of Russia, again conducted a personal search of S., who voluntarily issued a work book with records of work at the Ararat Specialized Industrial Union and an audio recording device. The operatives also inspected the scene of the incident - K.'s car, during which money received as a commercial bribe was seized. Based on the data obtained as a result of the operational investigation, evidence was generated, which subsequently formed the basis for the conviction (case No. 1-39/2015).
When receiving information from operational sources about the facts of entering false information into work books, employees of operational units, as a rule, plan and conduct several operational operations “operational experiment” with the participation of different persons. Carrying out several similar types of operational investigations is necessary to eliminate the element of provocation and obtain information that the illegal actions of the head of a commercial organization are the norm for him, and not the exception to the rule.
FROM PRACTICE.
By the verdict of the Kamensky City Court of the Penza Region dated September 30, 2013, D., director of Kholodtorgtekhnika LLC, was convicted. Information that D. had committed illegal actions came to the police from operational sources. In order to verify this information, operational search activities were planned and carried out with the participation of two individuals, with a significant gap in time. This was necessary to prove that D. systematically received money for making false entries in work books. As a result, the operatives recorded two episodes of crime, when D. illegally, with his own hand, entered false information into the work books of B. and V. - 06/27/2015 and 08/26/2015. For these crimes provided for in Part 3. Art. 204 of the Criminal Code of the Russian Federation, D. was sentenced to 2 years and 6 months of suspended imprisonment with a fine of 40 thousand rubles. (Case No. 1-114/2013).
What happens to forging signatures on documents?
Offenses related to falsification of signatures and documents are regulated by Article 327 of the Criminal Code of the Russian Federation. It is divided into 3 parts:
Forgery of a signature is a criminal offense in our country. Of course, liability for such an act will directly depend on the significance of the forged signature and for what purposes it was used. Let's look at the key points below.
Another special case is when a close relative signs.
Such situations occur quite often, for example, at the post office, when a wife signs for her husband to receive a parcel. In fact, such actions are illegal. This special case includes an accountant imitating the signature of his boss to draw up a report to the tax office. If all the information in the report is valid (there is no forgery), and the accountant committed this act solely to save time (the boss was not at work), then he will avoid criminal liability. In this case, the person did not pursue any personal gain, so he will not be held accountable. Modern technologies provide attackers with very wide opportunities to create false signatures and other illegal actions. What can be a forgery of a signature in an employment contract? Most often, hand signatures are forged, since this does not require the presence of any high-tech equipment.
Issues of application of Art. 67 of the Labor Code of the Russian Federation The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer.161 Arbitration Procedure Code of the Russian Federation).
When it is unclear who signed the documents, the court orders a handwriting examination.
- When deciding whether to prosecute, it does not matter whether a document with a forged signature was used or was just produced.
- Conducting forced activities for a period of 1 to 4 years or disciplinary work with possible restriction of the choice of type of work and position for up to 3 years.
- Arrest for a period of up to 4 years with restriction of the rights to conduct certain activities or in an established position for up to 3 years, or without restrictions.
Can a counterparty challenge a transaction if the signature on the contract is forged? How to save a deal if the counterparty still goes to court? What is the risk of an employee who signs for a director? Until July 15, 2016, a special article was in force for fraud involving deliberate failure to fulfill contractual obligations in the field of business activity (Article 159.4 of the Criminal Code of the Russian Federation). Most often, forgery of signatures on documents fell within its scope (resolution of the Presidium of the Moscow City Court dated April 11, 2014 in case No. 44u-79/14). But by now this article has lost force, so such actions can be qualified under Article 159 or 327 of the Criminal Code of the Russian Federation.
What to do if falsification is detected
Of course, preventing illegal cases related to labor relations gives positive results. However, cases of falsification still occur. That is why it is important to remain vigilant and promptly notify the necessary authorities about the problem.
You can contact the Labor Protection Inspectorate, the prosecutor's office or the judicial authority. However, if it is necessary to verify documents or the company itself, you should not go straight to court. There should be evidence, as well as witness statements, so that the illegality of the actions can be confirmed. Then it will be possible to hold violators accountable and achieve punishment for falsification.
If a person discovers some inconsistencies in the employment contract, then you can first discuss this point with your superiors. Perhaps it will be possible to resolve everything peacefully, and then the case will not go to court. But if you personally were unable to solve the problem, then all that remains is to contact the above authorities.
How to fire an employee who forges the manager's signature
An accountant, controller, or economist cannot be fired due to loss of trust. They are not employees who directly service material assets (see, for example, the ruling of the Supreme Court of the Russian Federation of July 31, 2006 No. 78-B06-39). An exception is, for example, cases when an accountant performs the duties of a cashier, which he has become familiar with under his signature (clause 4.2 of the Bank of Russia Directive No. 3210-U dated March 11, 2014). In addition, the employer has the right to conclude an agreement with him on full financial responsibility.
But he will bear full financial responsibility only for the damage that he caused while performing his duties as a cashier, and not an accountant (Appendix 1 to Resolution of the Ministry of Labor of Russia dated December 31, 2002 No. 85).
The Labor Code of the Russian Federation does not contain a specific list of circumstances that may be considered by the employer as grounds for loss of confidence in the employee. Loss of trust is an evaluative concept, and the employer has the right to independently qualify the employee’s actions taking into account the latter’s personality, the circumstances of their commission, etc.
If an employee has committed an unseemly act, for example, caused damage to the organization, under force majeure circumstances (fire, flood, other natural disaster), his liability is excluded.
Also, he will not be guilty if he damaged the organization’s property, using it for necessary self-defense. - violation of cash discipline (determination of the Arkhangelsk Regional Court dated May 16, 2002 N 33-1411); It should be remembered that dismissal under clause 7 h 1 tbsp. 81 of the Labor Code of the Russian Federation is a type of disciplinary sanction (Part 1 of Article 192 of the Labor Code of the Russian Federation). When using it, it is necessary to comply with the procedure established by Art. 193 Labor Code of the Russian Federation.
Responsibility for forging signatures on documents
According to the current criminal law, forging a signature on a document can be considered a crime in accordance with the following standards:
- manually - by reproducing from memory or from a visual sample, or by redrawing through glass or carbon paper;
- using technical means (scanner, copier, etc.).
The subject of a crime according to the listed elements is a person involved who has reached 16 years of age, who had direct intent to commit a crime, that is, who was aware of the illegality of his actions and wanted criminal consequences to occur. It is worth keeping in mind that the use of a facsimile (facsimile signature) by an unauthorized person may become the subject of litigation in court and be interpreted as a forgery of a document. Responsibility for forging a signature on a document is possible both administrative and criminal. In addition, forgery of a signature may entail other consequences not provided for by the Criminal Code and the Administrative Code.
Basic moments
Read: Forgery of a sick leave certificate: responsibility, punishment, actions of the employer.
Most citizens several times in their lives are faced with such an act as forging a signature, starting from an attempt to sign for their parents in a school diary. Although this is an illegal act, it will not be punished by law. And if the forgery of a signature was carried out with malicious intent, for the purpose of illegal enrichment or granting unmotivated rights, then the perpetrator faces criminal punishment for such an act.
Modern technologies have come a long way, but the most popular way to forge a signature is still simple manual. This means that some person simply signs with a pen. As a rule, such a signature is easy to distinguish from the original.
The situation becomes somewhat more complicated when, to carry out counterfeiting, they resort to technical devices, for example, computer technology - a scanner, laser, etc. The following options also include technical forgery of a signature:
- Copying using clear glass.
- Drawing with a pencil, and then repeating on top with a ballpoint pen.
- Creating an impression using special substances that promote copying.
How to prove
During investigative actions or during a court hearing, a handwriting examination is appointed to determine the authenticity of a signature.
A professional can identify a simple hand signature by visual inspection through magnifying devices. If there is a suspicion of using technical means, determine the presence of the following signs:
- Double strokes, discrepancy between the curves and angularities of the signature.
- Multidirectional lines and their thickening are often present when copying through glass.
- Traces of any copying materials on paper.
At the end of the inspection, the expert draws up a conclusion, which is used either as a basis to initiate a criminal case, or as evidence in court.
Responsibility for forgery of an employment contract
Some employers do not carefully check the documents of their employees, and when a forgery is detected, they turn a blind eye to it. It is believed that there will be no harm from this, but in fact such altruism can result in serious trouble for him.
Sample explanatory note. If the employee refuses to provide an explanation, we draw up a corresponding report. 5. We make an entry in the work book about dismissal for the employee submitting false documents to the employer when concluding an employment contract (clause
If forged documents or deliberately false information that formed the basis of labor relations is discovered, the employer has the right to terminate the employment contract with the dishonest employee (Clause 11, Part 1, Article 81 of the Labor Code of the Russian Federation). Rules for terminating an employment contract Terminate an employment contract with an employee under clause. Depending on the goals pursued by the offender, liability may also arise under other articles of the Criminal Code of the Russian Federation: An employer who hires an employee with an unreliable document is always held accountable. It doesn't matter whether he did it deliberately or through reckless inattention. The law requires that any organization check the documents of employees before concluding employment contracts with them.
A work book is a state-issued document with certain parameters.
PROVOCATION OF BRIBERY
As in other cases of revealing facts of commercial bribery, in the case of false entries in work books, the investigation needs to investigate all the circumstances preceding the transfer of money for entering false information about professional activities. In other words, it is unacceptable for operatives to try to reveal a crime through provocation.
FROM PRACTICE.
On February 11, 2011, the Neman City Court of the Kaliningrad Region issued an acquittal against B., who was accused of committing a crime under Part 3 of Art. 30, part 1 art. 204 of the Criminal Code of the Russian Federation. The investigative authorities accused B. of the fact that he, having the intention of officially finding a job in the Neman city municipal municipal enterprise for housing and communal services and knowing that one of the conditions for employment is the presence of work experience recorded in the work book, in December 2010 he decided to contact the head of the municipal unitary enterprise "Cleanliness" » with a request to make a fictitious entry in his work book about working at the municipal unitary enterprise. He promised a reward of 500 rubles for recording. And about. The director of the municipal unitary enterprise refused to do this, but B. nevertheless put the money in his work book and handed it to him in his office. However, he was unable to complete his criminal intent, since at the time of transfer of the monetary reward he was detained by a police officer. During the court hearing, it was established that B. had a previous conviction. Having been released from prison, he did not have a permanent place of residence or work, he turned for help to the department of social protection of the population, where he was provided with assistance in processing lost documents and providing hospitalization at the tuberculosis dispensary in Kaliningrad. That is, B. did not have the opportunity to find a job due to the lack of necessary documents and his illness. However, on the day of the commission of the incriminated crime, B. was approached by an unknown person, who through his actions created the conditions for the commission of a crime, pushing the defendant to commit an unlawful act. The unknown person persuaded the latter to get a job as a watchman at a construction site. Through persuasion, he instilled in the accused the idea that in order to get hired, he needed a work book with a record of his work experience in it. The same unknown person bought a new work book for B., told him where he could get an entry for money, and gave B. 500 rubles. The unknown person brought him to the office and... O. director of the municipal unitary enterprise "Chistota", where, after the head of the municipal unitary enterprise refused to make an entry in the work book, he again convinced B. to go to the director again, where B. was detained. The investigation stubbornly ignored all these facts at the pre-trial stage. But they were established at the trial, which allowed the court to conclude that the defendant was innocent. The court noted that based on the principle of the presumption of innocence enshrined in Art. 49 of the Constitution of the Russian Federation and Art. 14 of the Code of Criminal Procedure of the Russian Federation, the accused is considered innocent until his guilt in committing a crime is proven in the manner prescribed by law, and all irremovable doubts about the guilt of the accused are interpreted in his favor. The court indicated that “the failure to identify the person whose actions were purposeful in transferring money to B. for making a fictitious entry in the work book about employment at the Chistota municipal unitary enterprise excludes the possibility of establishing his (the unidentified person’s) true role in the crime accused of B., which the court does not exclude provocation of commercial bribery, which excludes criminal liability.” The court also noted the police officer’s persistent refusal to identify the stranger. The court's conclusions about the provocation of commercial bribery were also based on inconsistent actions on the part of an unidentified person, which also indicate that the work initially offered to the defendant by him was fictitious in nature (case No. 1-12/2011).
In conclusion, we note that taking into account the increase in the number of criminal cases classified under Art. 204 of the Criminal Code of the Russian Federation related to the receipt (transfer) of remuneration for making false entries in the work book, there is a need to clarify the features of qualification of such actions at the level of the Plenum of the Armed Forces of the Russian Federation.
What is the responsibility for falsifying a work record?
Depending on the goals pursued by the offender, liability may also arise under other articles of the Criminal Code of the Russian Federation:
The characteristics of license plates for the new model books (2003) are slightly different:
A work book is a state-issued document with certain parameters. Therefore, you can identify a fake by: By the way! In judicial practice, any cases of falsification are considered, including the deletion of a record of dismissal under an article, an indication of greater length of service for a specific position, and a completely unreliable Labor Code in which all records, inserts and seals are forged. Important! Dismissal without investigating the circumstances of the forgery is illegal.
The injured employee will be able to challenge the employer’s actions in court and be reinstated in his position.
Read other articles on the site:
- Transfer of a convict from a general regime colony to a settlement colony
- What should I do if a police report was filed against me for noise?
- Suspension of criminal proceedings during pre-trial proceedings
- Complaint to the prosecutor's office about abuse of power by a traffic police officer
- The prosecutor's office is checking the legality of the refusal to initiate a criminal case
Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!
What responsibilities are provided?
If it is proven that the law has been violated, then punishment will follow. First of all, criminal liability will arise for forgery of documents. In this case, a fine of up to 300,000 rubles, or correctional labor, or arrest for up to 4 months is imposed.
But punishment may also occur under other articles. Because falsification often entails other violations. Let's say the boss drew up an imaginary contract and received money for a non-existent employee. In this case, he can be charged under Article 160 of the Criminal Code of the Russian Federation, which concerns embezzlement and theft of other people's property using his official position.
That is why it is impossible to say unambiguously what punishment will be applied. However, the attackers will definitely be held accountable if the violation is proven. Therefore, you should not remain silent about falsification; you should immediately contact the inspectorate, prosecutor’s office or judicial authority.
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