Fake recording in a workbook is a liability.

Under the law, the forgery of an employment record is subject to certain liability; most often in judicial practice, there is a forgery of the record of employment experience, which is intended to increase the State pension in the future and to obtain other benefits; if the forgery in the employment record was carried out with the assistance of an official, it is also brought under the said article and, in addition, under the offence of complicity in fraud; according to the Labour Code, the employer has the right to terminate the contract if the employee provides forged documentation; if the forgery of the employment record is carried out with the assistance of an official, the forgery must be sent to the investigating authorities for follow-up and action.

Contents:

• Falsifying a workbook is a liability
• Responsibility for forgery of a workbook
• What's the risk of a bogus entry in a workbook?
• What's the risk of forgery of a workbook?
• What's the risk of tampering with a job book?
• Legal responsibility for the forgery of a workbook

Falsifying a workbook is a liability

If you check the workbook, note the entries made; there are no stamps, errors or corrections that are not regulated by the Labour Code; there must be a press; everything must comply fully with the Regulations and Regulations established by law.

What to do when an employer discovers an unpleasant fact? If an illegal document is found, first of all, it is necessary to find out whether the employee is aware of it. The way forward depends on his legal position. If he is innocent, then you have to: require the first employer to correct the record. Release a new book. The duplicate cannot be processed because the original document contains a forged form.

The employee must write a statement requesting the issuance of a workbook, a model is presented below: the model application for a new workbook is returned to his hands; if the employee is suspected of involvement in the forgery or the involvement of outsiders, the employer must report the incident to the law enforcement authorities, the labour inspectorate or the prosecutors' office; if a problem is detected after the employment contract has been completed and a new record has been entered into, the sequence of actions is the same.

To dismiss an employee illegally until an offence has been proved in court, the liability to interact with an illegal workbook in the future causes the employer a lot of problems on the part of the supervisory authorities; failure to comply with the rules for the keeping, record-keeping, storage and issuance of such documents is subject to an administrative fine.

Criminal liability is provided for: the production and execution of illegal TC; forgery in the form of an official; the organization is subject to a check by officials from the Public Prosecutors' Office or ICE inspectors on the existence of offences related to the maintenance of labour records; a fine is imposed prior to the SMIC, depending on the degree of involvement in the case; the penalty is determined by the bailiffs after all the circumstances have been clarified.

What threatens an employee for forgery of a document: deprivation of liberty for up to two years; forced labour for two years; six months ' imprisonment; mandatory work for up to one hour. On 29 April, Kulikovas' case law as manager. Six months later, during the inspection, it was discovered that the workbook was forged; the courts' decision fully proved the employees' involvement in the production of a false document; and Kulikov was sentenced to forced labour for hours.

The employer has been ordered to pay a fine in the amount of the SMIC, the forgery of the workbook is a serious crime that punishes all the persons involved, not only the employee, but also the professional who has decided to employ a false document. It is important to check it carefully that it is true. Because of frequent changes in legislation, information is sometimes outdated faster than we can update it on the website.

All cases are very individual and depend on many factors. Basic information does not guarantee that your problems will be solved.

For example, in order to cover up the unpleasant facts of his or her employment, the candidate for a certain position brings a new workbook, how to recognize the forgery of the workbook, and what risks a person for a false document?

In order to avoid problems with the law and with fraudulent workers, an employer or a human resources inspector who hires a person must know how to check the workbook for authenticity.

This information is placed at the top of the first page of the document. The numbers were given by Roman numerals, i.e. from I to X depending on the year of issuance of the workbook. The numbers remained the same from I to V. Labour books up to the year did not have digital and alphanumeric symbols, so it was easy to forge such books.

Sending a request to ex-employers is another way to identify a forged workbook by asking for information from the former employer; you can either submit a written request or contact the former supervisor of a potential employee by telephone.

In the course of the check, such information can be obtained on the person: the period of his or her employment in a particular organization; the specific date of admission and dismissal; the reason for his or her dismissal. Before sending a request or calling a potential employees' former employer, he or she must first be informed; and the person must be informed that the information concerning his or her previous employment will be checked in writing on receipt.

The external inspection of the workbook is sometimes done by dishonest salesmen and the person who bought the workbook may not even suspect that it is false. The original workbook has several degrees of protection - there is a watermark, the name of the organization where the forms were printed, etc.

There must be a cover page in the labour force showing the employees' data. It is often possible to find orthographic errors, logical contradictions in content, mechanical traces of forgery in a false workbook.

The original books do not contain any errors, malformations, corrections or other defects. Of course, every entry into the labour force must be followed by the stamp of the organization where the person worked when he resigned. If the employer finds that the employees' employment records do not match the real data, which means that the work is invalid, he must first find out: Did the employee himself know that he had a forged document in his hands?

If a person did not know anything, he was in fact innocent, then the Chief of Personnel had to submit a request to the organization where the person had previously worked in order to correct the record; if the employer suspected that the employee had been involved in the forgery of the workbook, he was obliged to report the fact to the police, the labour inspectorate or the Public Prosecutors' Office.

In the Criminal Code, there are three articles regulating the offence of forgery of records in the labour register: art.

If the perpetrator of the labour forgery is the management of the enterprise in which the person was employed and there was no profit in the managements' actions, then the former organization where the person was employed will be joined by the Public Prosecutors' Office and the State Labour Inspectorate to verify the activities of the enterprise and the work of individual employees of the inspector and the head of the human resources department.

A resident of Omska who decided to issue a consumer loan in the amount of thousands of rubles decided to forge a workbook because without it no one would have given her the necessary amount. A woman bought a workbook form, made the necessary notes with her own hand, which were not true, and then the suspect made a photocopy of a fake workbook, after which she assured a copy on behalf of a non-existent human resources inspector at a non-existent company.

A false copy of the workbook was presented to a bank official and her actions were committed intentionally and wrongfully, on the basis of a self-interest; during the verification of the validity of the data provided, the bank official discovered the forgery of her workbook; the fraud was brought before the court; the judge found the Omsk resident guilty and sentenced her to one year's restriction of her liberty according to Ch.

2. Citizen A. St. Petersburg forged a work record when he was hired, and he pulled a sheet from the labour force, which contained information about his dismissal on the basis of an article on the grounds that he had taken off. The human resources inspector, who was hosted by citizen A. The employer filed an action against the employee.

3. In order to formalize the pension and receive the benefits, citizen K. When a staff member of the Pension Fund found the data to be inconsistent, he staged a review of the employment data of the citizen K. Of course, the data were not correct.

The Pension Fund Administration filed a lawsuit against citizen K. The judge found the defendant guilty and sentenced him to a fine of 80,000 roubles under article 4.

What article threatens a person for forgery of a workbook? What would be a forgery of a document? Not all employers and employees fully understand that forgery of a workbook is a criminal offence.

The Russian Federations' legislation provides for several articles under which perpetrators may be punished for forgery of documents: for example, if the forgery was committed for fraudulent reasons, for example, a person wanted to retire early and therefore made an additional entry, the perpetrator would then be subject to article 1. The article provides for penalties of up to thousands of rubles in monetary penalties; the performance of community service for up to one hour free of charge; the forced engagement of a convicted person in work ordered by the court for up to one year; the isolation of a convicted person from society; the imposition by the court of certain prohibitions for up to two years; up to four months ' imprisonment; and up to two years ' imprisonment.

In the case of the forgery and sale of forged workbook forms, the perpetrator will be held liable under article 1 of the article for the following penalties: exclusion of the convicted person from society, imposition by the court of certain prohibitions for up to two years; forced engagement of the convicted person in work prescribed by the court for up to two years; imprisonment for up to six months; and prison for up to two years.

The penalty can be expressed as follows: a monetary penalty of up to 80,000 rubles; mandatory work of up to one hour; correctional work of up to two years; arrest of up to six months; and if the official made a false record in the labour register, then it will be the official who will be held liable under article 4.

The amendment of the article provides for the same penalties with the same time limits as those laid down in paragraph 1. What to do if the forgery of the workbook was caused by the fault of the employer? The employment record contains information on the workers' work, transfers to another job, dismissal of the employee, grounds for termination of the employment contract; if the employees' employee has entered the workbook with incorrect or inaccurate information or if there are no records of the individuals' individual work periods, then the actions of the person who owns the fake workbook should be as follows: Go to the organization whose employee has erred and write a statement of changes to the workbook.

If a person has received a negative response to the application or if it is not possible to change the employment record, for example, the organizations' archive has not been preserved, the director of the firm is abroad, then the person can apply to the court by writing a statement of claim to establish the identity of the workbook, and any documents must be collected for the court to confirm the period of work of the plaintiff: an order for admission to employment, transfer to other jobs and payroll records.

Responsibility for forgery of a workbook

If you check the workbook, note the records that have been entered; there are no stamps, errors or corrections that are not regulated by the Labour Code; printing is mandatory.

A state-of-the-art incident causes a lot of problems on both sides. It's important to be able to recognize a false document at once so as not to be involved in an offence. For what purposes is the document forged? A false workbook of the TC can even have a good-faith employee who thinks it meets all the established criteria.

What's the risk of a bogus entry in a workbook?

We are now looking at the topic of "falsification of the workbook responsibility." We have tried to solve the topic completely. If you have questions, you can ask them in the comments after the article or to our duty lawyer. 2 The case file is responsible for the forgery of the workbook. The purpose is to obtain a pension by indicating a greater length of service, to obtain more prestigious work, to conceal unpleasant facts that may deprive a person of the opportunity to hold a certain position. The fraud is the responsibility of both employees and employers, who are responsible for checking all documents in connection with the employment of professionals. The detection of a forgery may entail not only dismissal under the article of the Russian Criminal Code, but even a fine and, in extreme cases, imprisonment.

What's the risk of forgery of a workbook?

The relevant criminal law indicates liability in the order of article oi, which provides for the deprivation of liberty of a person up to the age of three years; this document, like all the records in it, is official and must therefore be in accordance with a mandatory form; a false record implies initially the forgery of an organizations' official seal, which is regarded as a direct documentary forgery; in practice, a person uses the scheme described for the purpose of obtaining the right to work, which is the original purpose of every person.

Administrative liability for an official is 10 to 20 rubles. Criminal liability applies to the head of the organization; for partial non-payment of wages over three months, a fine up to the amount of rubles.

What's the risk of tampering with a job book?

For example, in order to cover up the unpleasant facts of his or her work, a candidate for a certain position brings a new workbook. How can you recognize the forgery of a workbook and what risks a person for a false document?

.

Legal responsibility for the forgery of a workbook

.

.

.

.

.

.

.