How to check the authenticity of a new employee’s work record?

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).

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.

Answers to common questions about what to do if a fake work record book is discovered

Question No. 1: How to issue a new work book if it turns out that the employee has a fake document issued to him by his previous employer?

Answer: First of all, it is necessary to require the previous employer to correct the entry in the Labor Code to a reliable one. After this, a new book can be issued as soon as the employee who is innocent of falsifying the document writes a corresponding application addressed to the new employer.

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Information about the citizen’s work experience and the position he holds is recorded in the work book, which the person will later need to assign a pension.

At the moment, this document is the most important for the employee. When hiring an employee, the management of the enterprise and private entrepreneurs require the presentation of a work book.

In practice, there are cases of its falsification. You can learn what to do in this case, as well as how to identify a fake document, from this article.

The main information included in the labor

At the moment, there are three types of work books in use in the Russian Federation, which were approved in 1938, 1973 and 2003. All these forms of books are valid.

The work book records the following information:

• employee personal data>
• date of birth>
• education>
• profession (specialty)>
• all information about the employee’s work activity.

In this regard, the work book contains all the necessary information about the work experience of each Russian. This information is used when calculating the size of the pension during retirement or when a person becomes incapacitated. Until 1997, it was impossible to retire without presenting a work book. Currently, the Social Insurance Fund and the Pension Fund also keep records of the work experience of Russians.

Reasons for falsifying a document

A work book is one of the main documents of an employee, thanks to which he can count on receiving a pension of a certain amount. Although the government plans to cancel this document in 2020, similar plans have been trying to be implemented for a decade.

In any case, the changes will be introduced gradually and will first affect small enterprises. At the moment, labor is of particular importance in employment and retirement.

If a citizen gets a job for the first time, the responsibility for completing the document falls on the shoulders of the employer.

In this case, there should be no problems with its authenticity. However, a previously employed person undertakes to have this document in hand and provide it to the manager at the time of concluding an employment contract.

An employee may have a fake work book for the following reasons:

• due to a violation of the rules for its execution by the previous manager (in this case, the employee is most often not aware of the presence of incorrect or false information in the document);
• in connection with the intentional indication by a citizen of false data in the work book in order to increase his own experience, qualifications or reflect other advantages.

If in the first case, errors in the document are caused by the inexperience of the citizen’s previous manager or his personnel officer, then in the second case the employee deliberately falsifies the information in the document.

He can either independently enter incorrect information into the book or be in collusion with his previous employer.

How to check the authenticity of a work record?

There are three ways to verify the validity of the book presented by a citizen:

• by comparing its release date with the serial number;
• by contacting the potential employee’s previous supervisors;
• checking her appearance.

Checking work books by series and number

The year of manufacture of the document is not directly indicated, but the book must have the corresponding number and series printed at the top of the first sheet.

The date of registration of the work permit must correspond to its year of issue. The table below will help you understand this information.

Work books issued from 1939 to 1974 did not have similar numbers and series, did not have protective equipment and were issued in a dark purple cover.

Sending a request to the employee's previous supervisors

You can clarify the validity of information from the work record by sending a corresponding request to provide the necessary information to the previous manager of the potential employee.

In addition, you can contact employers by telephone. However, it is worth considering one nuance first. The citizen must be notified in writing that information about his work activity will be checked.

During such a check, it is important to find out:

• period of the person’s working activity;
• dates of the citizen’s hiring and subsequent dismissal;
• compliance of information from written recommendations with reality (if they were provided when applying for a job);
• grounds for dismissal;
• correspondence of records of position and qualifications with archival data;
• the very fact of the existence of organizations and individual entrepreneurs for whom the citizen worked according to the entries in the work book.

Checking the appearance of the document

Valid work books have certain characteristics that make it possible to distinguish them from fake ones.

The appearance of the document depends on its year of issue. The old model was used until January 1, 2004. If the employee already had a work record up to this point, new entries must be made in this book.

If there are no free lines in it, the law allows you to draw up the corresponding insert on a new form.

New forms have a better degree of protection (they are made using paper with watermarks). Their sizes correspond to the civil passport of the Russian Federation.

The technical characteristics of the new form of work book are as follows:

• presence of the coat of arms of the Russian Federation on the cover of the document;
• 46 pages;
• dimensions 8.8 cm x 12.5 cm;
• cover color gray.

The old form is slightly larger - its dimensions are 10 cm x 14 cm, and the total number of pages is 40. The cover of the document was made in green (until 1982) or blue.

In addition, you should pay attention to the format of the document. The information entered in the book must be entered by a competent person (manager or personnel officer).

The form cannot contain blots or typos. The document must have the signature of persons authorized to complete it, as well as the seal of the organization, if available.

Differences in the design of work books of the 1938, 1974 and 2003 samples.

Currently, the procedure for maintaining, filling out and storing work books is regulated by the following regulations:

• Decree of the Government of the Russian Federation of April 16, 2003 No. 255 “On work books”.
• Resolution of the Ministry of Labor and Social Development of the Russian Federation dated October 10, 2003 No. 69 “On approval of instructions for filling out work books.”

In,RF. three types of work books are maintained (Sample 1938, 1974, 2003), which are an approved form of a standard form. The principle of maintaining work books is general. On the title page of the work book it is mandatory to:

• Last name First name Patronymic name of the owner of the work book.
• Education.
• Profession.
• Signature of the owner of the work book.
• Date of establishment of the work book.
• Signature of the person responsible for issuing the work book.

The data (full name, date of birth) of the owner of the work book is made strictly in accordance with the identification document (Passport of a citizen of the Russian Federation).

Information about education and profession, specialty is entered into the work book strictly in accordance with the documents of the owner.

Changes to the owner’s personal data and work book are possible only on the basis of relevant documents (indicated on the cover of the work book). Example: “Popov’s last name has been changed to Sergeeva, on the basis of marriage certificate No. ...... issued by the Civil Registry Office No...”

Work book of the 1938 model.

Color lilac-gray, A6 format. In work books of this sample, there are a number of differences in design. The USSR coat of arms is missing on the cover and first page. These work books do not have a series or number. On the title page there is no imprint, the seal of the organization in which it was started, as well as the signature of the authorized (starter) person. Instead of the full date of birth of the owner of the work book, only an entry about the year of birth is made. When making an entry in the work book, the data was indicated in the following sequence:

• Record number.
• Year.
• Date of.
• The recording itself. Example:,No. 5; 1967; 15.06

Work book of the 1974 model.

The work book and the insert for it were put into effect on June 20, 1974, color green, A6 format. The coat of arms of the USSR and the name of the form “Labor Book” are printed. A series and number appeared in the work book. The page with the personal data of the owner of the book contains: the signature of the owner, the imprint of the enterprise that first issued the work book indicating the date of completion, as well as the signature of the authorized person. When depositing. The date of birth of the owner of the work book is indicated in full, and the month of birth in words ( Example: May 12, 1954.) When making an entry in the work book, the data was indicated in the following sequence:

• Record number.
• Date of.
• Year.
• The recording itself. Example: No. 7; 10/23/1980

Work book of the 2004 model.

Came into effect on January 1, 2004. Color grey. The format is smaller than previous samples of work books. Work book forms of this sample appeared in circulation after March 2004; therefore, in January–February 2004, work record books of the 1974 model were allowed to be opened.

Actions of the employer upon detection of a fake work record book

Rules for registering foreign citizens on the territory of the Russian Federation - https://urmozg.ru/zhilishhnoe-pravo/pravila-registracii-inostrannyh-grazhdan/.

Checking a vehicle for registration restrictions - https://urmozg.ru/documenty/proverka-transporta-na-ogranicheniya-registracionnyh-deystviy/.

How the inheritance is divided between children - https://urmozg.ru/nasledstvo/kak-delitsya-nasledstvo-mezhdu-detmi/.

If, as a result of checking the work book number or other information, inconsistencies are identified, the first step is to find out whether the employee himself is aware of this.

If he did not know about such a problem, it is necessary to resolve the situation with the previous manager who was involved in the preparation of the document.

If there are invalid entries in the work book, depending on the circumstances, the following is allowed:

• correction of incorrect information;
• preparation of a duplicate document.

If the employee himself is guilty of falsifying information, the manager has the right to contact the labor inspectorate or the prosecutor's office.

If the employee has already been officially employed, problems may arise with his dismissal. If falsification of data in a document is confirmed, a citizen may be dismissed under paragraph 11 of the first part of Article 81 of the Labor Code of the Russian Federation.

How to check a work record for authenticity

Any employer must check the documents submitted by citizens before concluding an employment contract, since he is responsible for accepting and filling out a false document.

The work book is checked for authenticity as follows:

1) Inspection of appearance:

• the submitted book must comply with the models approved by current legislation, contain all the necessary details, levels of protection and the established number of sheets;
• the manufacturer of the form must be Goznak;
• The series and work book number printed on the double-page spreads of the document must match on all pages.

2) Comparison of the date of filling out the work book and the series of the document.

The date of registration of the employee’s book should not precede the year of issue of the form itself.

At the same time, starting from 2004, citizens must receive only new documents, since the old blank forms have become invalid.

3) Checking the execution of the document.

The work record book must be prepared without blots, erasures, or the use of a proofreader. The title page must bear the signature of the person completing the document and a clear, readable company seal.

Note: if the document was issued by an organization registered after 04/07/2015, the seal may be missing.

Please note: if the title page does not contain the employee’s signature, information about education or profession, or the date the document was filled out, the work book is considered valid and can be accepted for personnel records.

Entries in sections must be formatted in accordance with the law and not contain free interpretations or spelling errors.

4) Contacting previous employers.

If the authenticity of the entries in the work book is in doubt, you can contact the citizen’s previous employers. In this case, the employee should be notified in writing that information about his work activity will be verified.

Actions of the employer when a citizen presents a “counterfeit”

If a citizen knew about the fact of falsification of a document and knowingly presented a forgery, the employer is obliged to contact the labor inspectorate, police or prosecutor's office.

An officially employed employee may be dismissed in accordance with clause 11, part 1, art. 81 of the Labor Code of the Russian Federation for providing false information (but an employment contract can only be terminated by a court decision if the person’s guilt is proven).

Since ordinary citizens are not experts in personnel matters, they may not assume that the work book they have in their hands does not comply with current legislation. In this case, responsibility rests with the unscrupulous employer who executed the document.

In such a situation, the employer who discovers the discrepancy is obliged to:

1. Give the employee a notice that his work. the book is not a standard document;
2. Offer to contact your previous employer to eliminate the violation or write an application for a new work book;
3. Return the document of an unidentified sample to the owner.

Responsibility for falsifying a work record book

Falsification of a work record book entails criminal liability.

Depending on the identified circumstances, liability is imposed under the following articles of the Criminal Code of the Russian Federation:

• Art. 159 – for fraud.
• Art. 292 – for official forgery, if the document was fabricated by an official;
• Art. 327 – forgery and sale of counterfeit documents.

Punishment can vary from a large fine in the amount of 80 - 120 thousand rubles. to long-term correctional labor or imprisonment for up to 2 years.

If the employer himself was not involved in falsifying the work record book, but accepted the forged document and made entries in it about the employee’s work activities, he will face additional inspections of the management of personnel documents by the State Labor Inspectorate or the prosecutor’s office.

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Basic parameters for the design of work books.

1. In the absence of a seal on the title page of work books of the 1974 and 2004 samples. can be considered valid if there is a stamp on the record of dismissal from the organization/enterprise of the employer that issued the work book. The first entry must contain the full name of the organization (by hand or in the form of a stamp), (Example: Open Joint Stock Company - OJSC).
2. When checking the work book, bank employees pay attention to ensure that the year the work book (insert) was issued does not contradict the approved form of the form. For example, a work book has a date of completion, which is 1949. cannot be drawn up on the form of a work book of the 2004 sample, but at the same time it must be borne in mind that a work book with a completion date of 2004 can be drawn up on the form of a work book of 1974.
3. Labor books of a foreign state are not issued on the territory of the Russian Federation. When hiring a foreign citizen/stateless person or a citizen who has accepted Russian citizenship to work on the territory of the Russian Federation, a work book is issued to him in accordance with the current legislation of the Russian Federation. Entries about work in the Russian Federation are not included in the work books of a foreign state.
4. Bank employees check that the year of registration of the work book (insert) does not contradict the year of issue of the work book (insert) of a certain series, for example, the work book of the AT-IV series (years of issue 1984-1985) could not be issued in 1983, but at the same time it is necessary to keep in mind that from 1986 to 2004, an employee hired for the first time could be issued a work book of the AT-IV series.
5. The stamp upon hiring and dismissal must indicate the same name of the employer's organization/enterprise. If the names reflected in the stamps are different, then an entry about the change in the employer’s organization/enterprise must be made in the work book.
6. If erroneous data was entered into the work book, correction is possible only by making the next entry after the last one in order. Example: Entry No. 11 (or No. 15,17) “Entry No. 10 is considered invalid, accepted for the position ......” The bank verifies the correctness of the corrected entries (if any) relating to the borrower’s last place of work. If an erroneous or incorrect entry is made, corrections must be made in the following order: in the “Work Information” section, after the corresponding last entry in this section, the subsequent serial number, the date of entry is indicated, in column 3 an entry is made: “The entry after the number is as follows "is invalid." After this, the correct entry is made: “Accepted in such and such a profession (position),” and in column 4 the date and number of the order (instruction) or other decision of the employer, the entry from which was incorrectly entered into the work book, is repeated, or the date and number of the order are indicated (order), or other decision of the employer, on the basis of which the correct entry is made. In the same manner, a record of dismissal or transfer to another permanent job is invalidated.
7. Abbreviations in work book entries are not allowed. In practice, when filling out, the word “Order” is often shortened to “Pr.”, and the entry can be considered valid.
8. All entries in the work book (transfer, dismissal, hiring, etc.) are made on the basis of an ORDER/DIRECTION.
9. The work book must be created no later than 5 working days after the employee (the owner of the book) is hired for a permanent place of work.
10. The date of the order may coincide with the date of entry in the work book, or the date of the order may be earlier than the date of entry (5 working days).
11. The work book may contain a record of part-time work. This entry is made in the work book by an authorized employee in the organization that is the main place of work of the owner of the book, based on a certificate.
12. The following entries should be entered into the work book at the place of work, indicating the date, number and name, and the relevant documents:
    Military service, Ministry of Internal Affairs;
13. Training in higher and secondary specialized educational institutions, postgraduate studies, clinical residency. (These entries are made in the work book before entering information about work in this organization.)
14. If necessary, add an INSERT to the work book. The new type insert has 36 sheets and is designed in the same way as the work book and has a gray paper cover. Each entry must have its own serial number. When issuing each insert, an o is made in the work book and the series and number of the insert are indicated. The completed insert is attached to the cover of the work book at the very end. An employee's work record book can have any number of inserts. All their series and numbers must be reflected on the title page of the work book, and all inserts are fastened one after another under its cover. The insert without a work book is invalid. Inserts of a new type are issued for old-style work books. The page with the personal data of the owner of the book must contain: the number of the insert, the seal of the organization (which started the insert), the signature of an authorized person, all updated personal data of the owner of the work record (full name, education), the signature of the owner.
15. A duplicate of the work book will be created in case of loss or damage. All old information is entered in duplicate by an authorized person of the organization that is the main place of work of the owner of the work book, based on certificates from previous places of work. The certificates must be filed with a duplicate of the work book and serve as confirmation of the existing work experience. It is also possible to have the following entry: “Work experience..... years according to words.” When the employer’s organization/enterprise is liquidated, the owner of the work record book applies for certificates from the STATE ARCHIVE. The title page of the book must include the inscription “duplicate”. The work book on the first page (title page) of which the entry “Instead a duplicate was issued” is written indicating its series and number is not valid.

Records of dismissal in work books are written correctly in accordance with the articles on dismissal of the Labor Code of the Russian Federation (link to the title of the article, its date and number).

Up to a year - St. 31 of the Labor Code of the Russian Federation - dismissal at will.

On February 1, 2002, a new Labor Code was adopted:

• Art. 77 clause 3 of the Labor Code of the Russian Federation. – dismissal of one’s own free will (there may be an entry in the work book “dismissed of one’s own free will”).
• Art. 80 of the Labor Code of the Russian Federation - dismissal at will (there may be an entry in the work book with reference to Article 80, but Article 77, paragraph 3 of the Labor Code is recommended).
• Art. 77 clause 1 of the Labor Code of the Russian Federation – dismissal by agreement of the parties.
• Art. 77 clause 5 of the Labor Code of the Russian Federation – dismissal by way of transfer (to another organization/enterprise).
• Art. 81 of the Labor Code of the Russian Federation with subparagraphs - dismissal at the initiative of the employer.

The work book does not include information about work for the following categories:

• General director of the organization/enterprise, if he is a single person.
• Individual entrepreneurs (for oneself).
• Private notaries.
• Military personnel (before their dismissal from service).

Fake work book

A citizen who has acquired a fake work book and uses it for personal gain is subject to conviction under Article 327 of the Criminal Code of Russia.

The Labor Code of the Russian Federation gives the employer the opportunity to terminate the contract if the future employee presents fake documentation or provides a work book with false entries (Article 81).

Also, if a fake work book is detected, the boss can send a notification to internal authorities to take appropriate measures.

If it is proven that the employee was not involved in issuing a fake document (the use of a fake form by the first employer), and the entries in the work book are valid, then the employee has the right to employment. This situation is resolved by purchasing a new work book and collecting documents confirming work activity at previous places of work (Article 65 of the Labor Code of the Russian Federation, paragraph 33 of the Rules (Resolution of the Government of the Russian Federation of April 16, 2003).

Detection of a fake work book after being hired also involves changing the old work book to a new one. Article 65 of the Labor Code of the Russian Federation provides for the procedure that must be followed when changing a fake work book. The application filled out by the employee must state that the current work book form is of an unspecified form. Based on this entry, a new work book is issued.

If, after identifying forged documents, an employee resigns without clarifying all the circumstances of the forgery, then such actions are considered illegal. Judicial practice proves this fact.

What to do if a fake book is discovered?

An employee’s hiring must be accompanied by a thorough check of the work record and all entries made in it. Based on the characteristics indicated above, the TC should be subject to verification.

It must be borne in mind that the shortage of jobs provokes many applicants to make fake (phony) entries in their work books.

In other cases, employees may be honestly mistaken that their work record book is in perfect order, and violations in the Labor Code were introduced by the employer:

1. He purchased forms of inadequate quality TC from unlicensed distributors.
2. I made an entry not in accordance with established instructions, arbitrarily.
3. I forgot to put it or put the stamp sloppy or smeared.

The employee does not know about the problem with the Labor Code

The course of action if the employee does not know about the problem with the Labor Code is to find out the truth of his misconception or try to evade responsibility.

Next, you need to choose one of the options for action by mutual agreement:

1. Return to your previous place of work and request a properly documented work permit.
2. Force the former employer to correct the employment record.
3. Get the employee a new work book, as if he had not worked before and did not provide documents. This method is acceptable if the length of service at the previous enterprise turned out to be insignificant.
4. Create a duplicate work record, starting records from the first serial number. In this case, the employee will have the opportunity to restore previous work experience through the court or by providing the required documents.

The employee falsified the record

If an employee deliberately falsified an entry in the Labor Code, and the employer noticed that the entry in the work book is fake, then he must immediately contact the law enforcement agencies with a statement.

If a forgery is determined and identified, the employer does not have the right to terminate the contract on this basis and release the employee until the circumstances of the case are clarified.

If the forgery is recognized, based on a court decision, the employee can be dismissed in accordance with clause 11, part 1, article 81 of the Labor Code of the Russian Federation .

After clarifying the circumstances of the case and if the employee is acquitted, the employer issues him a new employment record or a duplicate, and the employee continues to work.

Types of liability depending on the purpose of falsifying a work record book

When falsifying a work record book, liability arises depending on the purposes of the offense:

• for committing fraudulent actions - under Art. 159 of the Criminal Code of the Russian Federation;
• for forgery and sale of counterfeit work records - under Art. 327 of the Criminal Code of the Russian Federation;
• for official forgery if the document was drawn up by an official - under Art. 292 of the Criminal Code of the Russian Federation.

During the consideration of the case, the court will identify the reasons for the forgery, on the basis of which a decision will be made. If the illegal production of documents was put on stream, this will most likely entail severe punishment. Criminal liability for falsifying a work record is from compulsory labor to 2 years of imprisonment.

Anyone who simply used a fake document can be fined up to 80,000 rubles. and subject to forced labor for up to 2 years. Although in this case the person did not participate in the creation of the false document, he used it for employment, and therefore, in fact, received undeserved income.

The punishment for the official is chosen based on the degree of his involvement in the process of producing counterfeit work records. Fines in such cases can be more significant - from 100 to 200 minimum wages, sometimes their size is equal to the amount of earnings for 1-2 months. Officials are also subject to correctional and compulsory labor. The most severe punishment is up to 2 years in prison.

If the court determines that the employer did not intend to commit an offense, but made a mistake, a prosecutor’s inspection or an inspection by GIT inspectors will be organized. Specialists will identify violations of labor legislation in the organization and issue appropriate fines.

The video discusses specific examples from life where fraud took place using forged documents, in particular, fake work records and income certificates in Form 2 of personal income tax, to obtain a loan from a bank. The issue of responsibility for such actions is also covered.

How to fake experience in a work book

The Criminal Code of the Russian Federation occurs when proof of the facts of production, sale, use of counterfeits in order to obtain personal benefit. Depending on the goals pursued by the offender, liability may also arise under other articles of the Criminal Code of the Russian Federation:

1. For fraud with documents during employment - under Art. 159 of the Criminal Code of the Russian Federation. Possible punishments for persons receiving a pension, other types of benefits and benefits based on a forged document: a fine of up to 120,000 rubles, up to 2 years of forced labor or imprisonment. If an official participated in the falsification, he faces a fine of up to 500,000 rubles, up to 6 years in prison or up to 2 years of forced labor.
2. For official forgery with the participation of an official - under Art. 292 of the Criminal Code of the Russian Federation.

The punishment is determined by the bailiffs after all the circumstances have been clarified. What an employee faces for falsifying a document:

• imprisonment for up to 2 years;
• compulsion to perform executive work for 2 years;
• arrest lasting six months;
• compulsory work up to 240 hours.

Judicial practice On April 29, 2020, G.K. got a job at Siyanie LLC. Kulikov to the position of manager. Six months later, during an audit, it was discovered that the work book was fake.

The court decision fully proved the employee's involvement in the production of a false document. The genuine Labor Code contains a record of fraudulent transactions in the position of manager at Kolorit CJSC. G.K. Kulikova was sentenced to forced correctional labor for 180 hours. The employer was ordered to pay a fine of 150 minimum wages.

In the Russian Federation, the validity of an employee’s formal length of service is established by two indicators: entries in the book and information from the territorial Pension Fund. The second component is unchanged and not subject to any changes. As for the records, they often try to falsify them, hoping to mislead the conditional employer. What this means and what liability may be imposed on any person will be discussed below.

Responsibility of the employer in case of loss of work book

If work records are lost, employers are required to restore them themselves. Sometimes they delay making a duplicate. In such cases, employees can hold the employer liable for the loss of their work book through the court.

First, you should send a claim to the employer with a request to issue a work book or its duplicate. This is a chance to resolve the issue peacefully. If there is no response after 14 days, all that remains is to go to court.

The statement of claim should ask the court to request a duplicate of the work book from the employer. During the time the applicant did not have the document in hand, he could not officially get a job. Therefore, it is worth demanding compensation for lost earnings during the period of forced absence. The amount of lost earnings is calculated based on the average salary. A person also has the right to ask the court for compensation for moral damages, attorney fees and other expenses associated with the trial.

Using the work book (LC), the employee’s length of service is determined, which is very important in terms of calculating the pension. In this regard, such a nuance as counterfeiting a “labor document” threatens many troubles for all the initiators of this procedure: the employee and the employer.

The employer’s responsibility is to make the required entries in the Labor Code and store it. If a conspiracy with an employee to falsify a work document is proven, this will lead to serious punishment. Otherwise, when the fake was simply not recognized, negative consequences are no longer inevitable. Although it is best to ensure that work with the “labor” is organized accordingly.

A fake Labor Code may be transferred to an employer for two reasons:

• the fact of forgery was not known to the employee, who assumed that he was using a correctly drawn up document;
• the employee participated in the forgery of a “labor document” or acquired a deliberately forged document.

If the employer is to blame for this by purchasing the forms in the wrong place, then this can significantly complicate his life if he does not prove the unintentionality of his actions. Although shortcomings on the part of the employer may be of another type:

• forms were filled out without following established rules;
• when dismissing employees, stamps were not always placed;
• there were no signatures, which also applies to their decoding.

If the mentioned shortcomings occurred, then they contributed to the fact that the “labor” ceased to be a document as such. Such a Labor Code cannot be accepted into personnel proceedings in the future.

When an employee knew (and even participated) about the counterfeit, the following situations usually occur:

1. The work form was purchased from an unknown location.
2. “By acquaintance” with the employer (for example, this is a relative or acquaintance who agreed to make all the entries, but in fact no one worked for him)
3. The employee purchased the seal and set up the records and seal himself

Often, deliberate falsification occurs with the aim of introducing non-existent or embellishing facts (work in a serious organization, higher qualifications or experience, etc.). All this is done with the goal of deceiving the new employer and getting a more prestigious and highly paid position.

Deliberate falsification of a work record book is possible by individuals in order to achieve the following goals:

• receiving a pension - a higher length of service is reflected, on the basis of which the necessary calculations are made;
• applying for a job - indicating higher qualifications, experience and other advantages that allow the candidate to be considered;
• hiding unpleasant facts so as not to lose the opportunity to hold a position in which a serious offense was committed or a gross mistake was made.

Authentication

Characteristics of the work book:

• Size 8.8x12.5 cm, volume – 44 pages.
• There are more numbers and they are repeated on pages 1,3,9,15,19,23,27,31,33,37,39.
• The series are made in black, and the numbers are red.
• The cover features the coat of arms of Russia.
• Watermark protection has a complex two-color design.

Note the typography on the last sheet:

• "MPF Goznak 2003". The year may vary.

Any other printing house that produced the form will be recognized as not authorized, and the authenticity of the book will raise serious doubts.

There are also concerns:

• Legally illiterate entry
• Bugs and fixes
• No stamp or signature of an authorized person

Depending on the year of issue, work books may differ.

Each period has its own version of the document:

• 1938 – practically out of use, so there were no cases of counterfeiting;
• 1974 – dimensions 10 x 14 cm, number of pages – 40;
• 2003 – size 8.8 x 12.5 cm, 44 pages.

• The book must have a hard cover made of vinyl or calico (cardboard in older versions), an image of the coat of arms of the USSR or the Russian Federation.
• It is mandatory to have a title page with information about the employee and a tabular layout for entering information about the work.
• Series and number. In the TC of 2003, a single number is marked on 11 pages: 1,3,9,15,19,23,27,31,33,37, 39. The series is highlighted in black paint.

• Watermark. TC sign in two colors and fine mesh on sheets.

Other signs of a fake document:

• the color of the forms is different;
• presence of spelling errors;
• use of a non-standard font;
• the presence of logical contradictions in the content;
• mechanical or compositional traces of counterfeiting.

How the series and numbers of work books were distributed by year

The years of issue of AT forms were determined by the form number, which was printed in red on the first page.

The pages were protected with watermarks, making them difficult to counterfeit.

On the last page there was a note “Goznak.1974”.

These forms have been discontinued since 2004, but are still used by some employees. That is, if an employee brings you his document of experience, which has AT-II details, and he is already of pre-retirement age, then most likely everything is fine with this person and his document. But if such a document is brought by a person aged about thirty, and even with a sewn-in insert, this will make you at least think about the authenticity of the documents provided and the motives of the person who provided it.

Since 2004, TC forms began to be issued. Currently, a work book of the TK VI series is being issued. This document is smaller in size than its predecessors and is gray in color.

TK forms have a small format and a gray cover. On the cover is the coat of arms of Russia. Document pages are protected from forgery using high-quality watermarks.

What should an employer do?

You do not have the right to hire an employee without making an entry in accordance with Rules No. 225. Refusal to hire may result in trouble from the State Labor Inspectorate.

The most important thing is to find out whether the employee is aware that his book does not have regulatory compliance. Further actions will depend on his legal position.

If he is innocent, then you need to:

• Request the first employer to correct the record.
• Release a new book.

A duplicate cannot be issued, since the original document contains a counterfeit form. The employee must write an application requesting the issue of a work book. The old one returns to her arms.

It is worse if the employee, independently or with the help of third parties, fabricated an illegal document. In this case, you need to report the incident to any of the authorized authorities:

• police Department;
• to the labor inspectorate;
• to the prosecutor's office.

If a problem is discovered after drawing up an employment contract and making a new entry, the sequence of actions is similar.

It is illegal to fire an employee until an offense is proven in court.

Fake entry

In some cases, you may suspect fraud by identifying the entry as improper. How to check an entry in a work book? According to these criteria:

1. The entry was not made in accordance with the form or in accordance with the Instructions and Rules.
2. The seal has not been supplied, or the supplied seal does not meet the requirements.
3. The record contains blots and corrections that are not regulated by the Labor Code of the Russian Federation.

Any doubt about the authenticity of the employment contract must be confirmed or refuted, since accepting such an employee, as well as not accepting him, imposes a certain responsibility on the employer.

What are the consequences of a fake entry for an employer?

Interaction with a fake TC or record must be legalized. Otherwise, lack of vigilance on the part of the employer may lead to penalties from inspectors from the labor inspectorate.

Moreover, you can get into serious trouble for falsifying documents yourself, even if you just continue to make entries in a fake book or apply for a job after a deliberately unlawful dismissal record.

Responsibility for falsification of labor

Criminal liability is provided for:

1. For fraud - under Art. 159 of the Criminal Code of the Russian Federation.
2. For forgery and sale of counterfeit documents - under Art. 327 of the Criminal Code of the Russian Federation.
3. For official forgery, if the document was drawn up by an official - under Art. 292 of the Criminal Code of the Russian Federation.

In the course of clarifying the circumstances, the reasons that will entail one or another court decision will be identified. In principle, if a person’s actions in producing illegal work records have been put on stream, the punishment may be quite severe.

If a person used an acquired illegal document in order to illegally acquire property priorities, he may be subject to a fine of up to 80,000 rubles, and he may also be subject to forced labor for up to 2 years.

For forgery and sale of counterfeit documents, the punishment may be:

• Restriction of freedom up to 2 years.
• Assignment of forced labor for up to 2 years.
• Arrest up to 6 months.
• Imprisonment for up to 2 years.

An official, depending on the degree of involvement in the process of forgery of documents of this type, may be punished with fines from 100 to 200 minimum wages or a fine within the limits of 1-2 months’ earnings.

And:

• Mandatory work 180-240 hours.
• Correctional labor for 1-2 years.
• Imprisonment for up to 2 years.

If it is recognized that the employer made an oversight and he did not intend to commit an offense, he will have to undergo a prosecutorial inspection or an inspection by State Labor Inspectorate inspectors, who will identify violations committed in working with the Labor Code and determine proportionate fines in accordance with regulations.

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