Labor book falsification: responsibility, punishment and features

The employment form is the main document that takes into account the seniority of a citizen. And strangely enough, but the most common problem is the falsification of the work book. Responsibility for this can be borne not only by the employee who forged the document, but also by the authorized person filling out the forms.

How many work, so much labor?

Some employees think that if they work in several organizations, then they need several workers. The Labor Code clearly regulates this situation. Therefore, the employee’s work record must be one, and it is stored at the main place of work. While a part-time employer may be presented with a copy of the main document.

Therefore, there is no need to have two work books. But if the employee does not have such a document at all, then all the obligations fall on the shoulders of the manager who did not issue this document to his employee. Such a violation is punishable both criminally and administratively.

What the law says

Labor legislation does not clearly indicate whether citizens are allowed to have only one labor and not more. But the law implies that a single document is enough for an employee, even if he works in several organizations. In fact, if a citizen uses two labor, this is not punishable by law, and he will not be held responsible. The exception is when labor is fake.

Why fake labor

Employees deliberately forge a work form for the following purposes:

1. Getting a pension. In this case, a long record of work is indicated, on the basis of which estimates are made and the size of the pension is established.
2. Getting a prestigious position. The document indicates higher positions, experience in similar positions, high qualifications and other advantages that may affect the receipt of work.
3. Concealment of negative facts from the previous place of work. This may include: the fulfillment of unqualified obligations in the presence of a higher education diploma, a gross mistake made when filling out a document, a serious misconduct, because of which an employee can not perform duties in specific posts.

In these cases, both the employer and the employee are responsible for entering false information in the work book.

How to fake

For a certain period of time, work books were on sale, which allowed them to be produced by any organization. Many employers obliged their newly arrived employees to bring blank forms of labor or inserts to them.

In order to forge a labor or record in it, it was necessary to find any organization that was transformed with frequency. Choose a moment after the reorganization, but before the liquidation of the company's stamp.

At the time of the free sale of labor forms, control over the activities of personnel employees was not carried out, and employers kept old stamps for the provision of such services.

In some cases, a seal was made after purchasing the form (such services were inexpensive). A citizen could, independently or with the help of acquaintances, fill out a work record and make the necessary entries, assuring everyone with seals. Today, a fake workbook, fake entries in it according to this algorithm are impossible due to widespread control. In addition, with official employment, the employer himself provides labor.

Currently, official forms are fundamentally different from fake ones, so putting deceivers into clean water is quite simple. And if citizens present a fake document, then apparently they don’t know how serious the falsification of the work book is.

Authentication

Forms have some features and security measures that make them different from counterfeiting. But those employers or employees of the personnel department who have never encountered old samples of forms should know their distinguishing features.

Old samples have the following characteristics:

• size 10 x 14 cm;
• 40 pages to fill;
• the form number is repeated on the pages: 1, 5, 9, 13, 17, 21, 25, 29, 33, 37;
• the number is written in red;
• on the cover is the coat of arms of the USSR;
• all sheets (except the last two) have serpentine watermarks.

2003 sample forms have other distinguishing features:

• size 8.8 x 12.5 cm;
• 44 pages to fill;
• the form number is repeated on the pages: 1, 3, 9, 15, 19, 23, 27, 31, 33, 37, 39;
• the series is written in black, the number is red;
• on the cover is the coat of arms of the Russian Federation;
• Watermarks have a two-color pattern.

The samples listed are genuine. In addition, the printing house where the forms are made should be indicated on the last page. On the real labor it will be written that Goznak made it. Other printing houses do not have the authority to do so.

What employers should pay attention to when they present a work form:

1. The presence in the document of legally illiterate entries made by incompetent persons.
2. The presence of errors and corrections, blots.
3. Lack of organization stamp and authorized signature.

Any indicated discrepancy should raise questions with the manager. You can compare the form provided with the above for compliance. If there are discrepancies, then the citizen may be held responsible for falsifying the work book.

Actions

If the manager or authorized person has discovered a fake document, this fact cannot be ignored. Otherwise, the unresolved problem will result in a big conflict with the relevant authorities.

The employer does not have the right to hire a citizen and not to make entries. It is also impossible to refuse to accept a job due to such a document. It is necessary to find out from the employee himself whether he is aware that his labor has incorrect records or is simply not suitable for regulatory requirements.

Further it will be possible to act depending on the situation. If the employee is not aware that his work book does not comply with the standards, then this issue will need to be addressed with the previous employer. In the case when there is only one record in the labor and a short work experience, it can be replaced with a new official sample. In other cases, it is necessary:

1. Require the previous employer to draw up the document correctly.
2. Request to correct invalid entries.
3. Issue a duplicate form.

The situation is more complicated when a citizen, either independently or with the help of third parties, formalizes a labor record or makes entries in it. Is there any responsibility for falsifying a work book? Yes, but the head must first report this fact to any of the authorities (the prosecutor's office, the police, or the labor inspectorate).

It is impossible to dismiss an employee upon the discovery of a labor fake until it is proved. Further, a citizen may be dismissed under paragraph 11 of paragraph 1 of Art. 81 of the Labor Code of the Russian Federation.

A responsibility

What is the responsibility of a citizen for falsifying a work book? Criminal liability arises for counterfeiting a document.

When clarifying the circumstances, the reasons that entail a court decision are identified.

If the actions of the citizen who made the fakes were put on stream, then a rather severe punishment awaits him.

If a person only used a fake document, then a fine of up to 80 thousand may be imposed on him.rubles, as well as forced labor up to two years may be assigned to a citizen. And despite the fact that he did not produce a fake document, he carried out activities on it and received money for it.

So, what does falsification of the workbook involve? Responsibility for sales and falsification is as follows:

1. Restriction of freedom up to 24 months.
2. Forced labor up to 24 months.
3. Arrest up to six months.
4. Imprisonment up to 24 months.

If an official is involved in the process of forging and marketing a document, then it shall be punished:

1. A fine of up to 200 minimum wages or the size of earnings for two months.
2. Mandatory work from 180 hours to 240 hours
3. Correctional work up to 24 months.
4. Imprisonment up to 24 months.

In case of revealing the fact that the employer made a mistake and is not related to the offense, his organization may be subjected to prosecutorial verification or verification by the inspection.

Criminal liability

Forgery of the entire document, organization stamp, forgery of the signature in the work book - responsibility for such actions is not limited only to penalties. Criminal liability is also provided.

Namely:

1. Fraud. Art. 159 of the Criminal Code.
2. Falsification and sale of falsified documents. Art. 327 of the Criminal Code.
3. Office cheating. If the official carried out a falsification of the work book, responsibility for this is provided for in art. 292 of the Criminal Code.

Work on someone else's document

Work on someone else's document, as well as falsification of the work book, the responsibility for which was considered earlier, does not carry anything good. And the employer's attempt to close his eyes to such a step by the employee will not end for the first with anything good.

Firstly, where is the guarantee that a couple of years after the employment, the employee will not come and demand to establish seniority for pension accruals? And even if the employee does not achieve what he wants, the employer may experience many unpleasant moments from litigation.

Secondly, no one can reliably know the origin of such a work book. In practice, personnel officers hired a person with someone else's book, while the true owner of the labor was dead.

Thirdly, an employee who is unkind to a co-worker can report this situation to the authorities, which will entail criminal liability. And to protest the fact of forgery of the document will be very difficult.