Rules for document preparation
In any paperwork, documents are of key importance. Each of them goes through several stages - from filling out to entering into the archive. When an organization keeps records of a large number of documents, then the need arises to compile a register. Each document will be taken into account and displayed in this list. Employees of the organization will always be able to find it and use it in their future work.
Maintaining the register is determined by the laws of the Russian Federation “On the procedure for maintaining a register of documents for LLCs” and “On the register”. They describe what types of documents must be included in the company register, as well as the forms for their execution and storage.
The register greatly simplifies working with all documents of the organization, both incoming and outgoing. It includes a description of the documents, which allows the employee to find the one they need, as well as information about what is actually contained in it. This data will help determine to whom and when the document was issued.
Thus, we can highlight the main tasks of maintaining a register:
- Help with work and quick search for the document necessary for work;
- Accounting and storage of all available documentation;
- Issue upon request.
For quick searching, entries in the registry are kept in chronological order. If different people were involved in its registration and accounting at different periods of time, then the last column should indicate who made the last entry.
The register involves checking the documents that are subject to registration. Each is assigned an individual registration number, and detailed information about the employees who have ever worked on this document is entered there. Before entering a specific document into the register, it must be checked and determined whether it contains any violations.
Today, both novice entrepreneurs and large eminent organizations are involved in maintaining the register. This is due to its main advantage - searching for the required document takes a matter of minutes. A correctly executed register allows you to send a notification as quickly as possible, find the necessary document for work or for reporting (if required by the tax inspectorate). This takes the company's work to a new level. If, nevertheless, the organization does not maintain a register, then this fact will not be noted by the legislative bodies. The absence of a register does not entail a fine or other kind of punishment. This is more necessary for the company itself. Over many years of work, a large number of documents can accumulate, and if an employee of the supervisory department asks for one of them and does not receive it, then the entrepreneur may have big problems.
Reasons why documents are issued retroactively
First, it should be noted that quite often you can come across the concept of “execute/sign retroactively”. But what does this mean for the document flow process itself and how does it affect those working with them.
In general, we can safely conclude that a backdated document is fake. The person who used such a document may face administrative or criminal liability. The first is regulated by Art. 19.23 of the Code of the Russian Federation on Administrative Offenses, the second - Art. 327 of the Criminal Code of the Russian Federation. Responsibility arises only for forgery of documents that prove identity or confirm rights. For example, if an employee provided false documents during employment, the head of the company must notify the internal affairs authorities of the identified violation. Also, regulatory authorities can identify the fact of a violation with documents that contain a list of structural divisions, names of positions, information on the number of employees.
The effective date of the document must correspond to the date of the order.
If the backdated document is not a forgery of an official document, then the employer is an innocent person. This is taken advantage of by unscrupulous managers who entrust the “reworking” of various types of documents to HR specialists or accountants.
It is important to understand that there is no administrative or criminal liability for personnel documents issued retroactively. However, this kind of document is easily challenged by the court with the help of an expert examination.
For example, a tax audit may not recognize a document with a changed date or a falsified signature. This will lead to the fact that the specified labor costs will be canceled, since all company costs must be documented.
In any case, a document signed retroactively defines it as forged. After all, the specified date does not correspond to the real one and does not confirm the established agreements of the parties. Article 186 of the Civil Procedure Code of the Russian Federation provides for the appointment of an expert examination in the event of suspicions arising regarding the reliability of the facts presented. In this case, a forensic technical examination is appointed, which determines the date of drawing up the document. She is conducting research on the ink, the print of the seal. As a result of the analysis, the expert determines whether the specified date corresponds to the real one.
Registration procedure
Retroactive issuance of sick leave in cases provided for by law is carried out as follows:
- A visit to an institution that has the right to issue sick leave (private and public medical institutions, clinics and research institutes, dentists and paramedics, etc., licensed).
- Providing a document confirming an illness that occurred before the date of visit to the institution or confirmation of the impossibility of treatment on that day.
- Obtaining an official hospital person.
- Providing the document to your employer (boss or directly to the HR department).
Criminal liability for preparing documents retroactively
As mentioned above, criminal liability is determined by Article 327 of the Criminal Code of the Russian Federation. This includes the forgery of official documents that confer rights or relieve duties for the purpose of use or sale. Criminal liability arises not only for forgery of documents, but also of awards, as well as stamps, seals and forms.
Punishments for these crimes:
- Imprisonment for up to 2 years;
- Forced labor for up to 2 years;
- Arrest for up to six months.
Penalties for using counterfeit documents include:
- Fine up to 80,000 rubles or the amount of one month’s salary;
- A fine equal to the income for six months of work;
- Forced labor for up to 480 hours;
- Correctional labor for up to 2 years;
- Arrest for up to six months.
The danger of the crime lies in the fact that the document provides certain rights or exempts from specific obligations.
In this regard, if a fake work book or other document (certificate, diploma) is detected during a person’s employment, the employer must notify the regulatory authorities of the identified violation.
The work of an official is determined either by the Job Description or directly by law. Thus, the personal interest of an employee can lead to the so-called official forgery. This crime is regulated by Article 292 of the Criminal Code of the Russian Federation. For example, false information was entered into the grade book (the teacher received a bribe) or information about non-existent expenses was added to the reporting register (the accountant embezzles money), a relative of the director was employed who does not have the proper education, etc. Here are examples of employees who have a vested interest. Such a crime is punishable by up to 4 years in prison, as well as exclusion from holding certain positions.
Risks and consequences of signing (non-signing) an agreement
Signing a contract retroactively: risks
In order to fully understand the consequences of untimely execution of written employment agreements and their subsequent signing “retroactively,” we suggest considering the possible consequences of such actions.
According to administrative legislation, an untimely signed employment contract may result in the imposition of a fine on the administration (the person authorized to sign such contracts) in the amount of one to five thousand rubles. If the guilt of a legal entity and not a specific employee is proven, the fine can be up to 50 thousand rubles or up to the suspension of business activities for three months.
If a violation of the written formalization of labor relations is detected again, the official can expect a fine of up to 20 thousand rubles or disqualification for up to three years. The fine for legal entities increases to 75 thousand rubles.
In case of deliberate disregard of the legislation regarding the conclusion of written labor agreements, the official faces a fine of up to 20 thousand rubles, and a legal entity may well pay an amount of up to 100 thousand rubles to the state treasury.
If it is proven that the terms of the employment contract are fictitious and were concluded “retroactively” (usually this is revealed in cases of deviation from actual payments and those written in the document towards the need to increase them), the fact of official forgery is established, the official may criminal liability will apply.
We invite you to read: Reasons for the plaintiff’s failure to appear at the court hearing
Recognition of the existing written text of an employment contract as invalid entails a revision of all legally significant actions previously performed under such a document (usually this concerns the payment of wages and its components). If payments differ from those that should have been paid according to the regulatory documents in force in the company, the difference must be returned or recovered from the guilty party.
Keep in mind that the level of responsibility for an employment contract not concluded in a timely manner in writing will be much lower than if an official is caught in official forgery, which is the preparation of documents backdated.
Why you can’t issue education documents retroactively
To better understand the principles of working with documents and their dating, we will focus on the specific case of documents with a changed date. Let's consider, as an example, educational documents signed backdated. As stated above, such a document will be classified as forged, since the date stamped does not correspond to the actual one. This suggests that the agreements of the parties are not documented. Such a document can easily be challenged by forensic experts and declared invalid. An organization that issues such documents and certificates is fraudulent.
Today, employers place high demands on potential employees. In order to meet them, people receive secondary and higher education, undergo advanced training courses, and professional retraining. Providing a diploma or certificate signed backdated (otherwise a forged document) may become grounds for termination of an employment contract at the initiative of the employer. For example, if upon taking office the document was accepted, then upon inspection by the supervisory authorities it may be sent for additional examination.
Also, if an organization issues a document signed backdated, it means that at the moment it may be deprived of its license. You must always check that your license is up to date; this can be done on the Rosobrnadzor website. In case of verification, a diploma, certificate, ID issued by an institution without a license will be considered fake.
Currently, checks are revealing a large number of counterfeit documents in the system of additional vocational education. How to choose the right center?
A person looking for distance learning courses can easily fall for the tricks of scammers. How to protect yourself from this?
First of all, you need to pay attention to the cost of the course. If advanced training costs no more than 2,000 rubles, and retraining costs about 15,000, they most likely want to deceive you. This means that you will have to pay additionally for tests, retakes, forms, certificates, etc. Also, some educational documents are simply useless without transcripts, certificates, and IDs. And in order to get all this, the fraudulent organization will make you pay for this too.
Secondly, it is necessary to study all the submitted documentation about the organization: TIN, OGRN, license, postal address, details, etc. A mandatory point is to study the contract. Fraudsters often indicate that they provide “intermediation, etc.
A person learns about the additional payment after a conversation with an employee of the institution, since it might not have been mentioned in the contract. Therefore, before signing a document, you need to carefully check everything, contact employees and clarify all the nuances.
Another important point is the terms of termination of the contract. A student who refuses to pay extra for something (test, test, etc.) may be left without money and without an education document.
Why do many people choose to issue a certificate with a past date?
When a person has health problems, going to the hospital is not a pleasant experience. You need to stand in line at the reception desk and then get an appointment with a doctor. Based on the primary signs, he will give you a diagnosis, and then, with the help of tests, it will be necessary to confirm/refute it. Only after this can you obtain a certificate of illness.
Having imagined this whole procedure of walking around the clinic, a person prefers to stay at home and lie down. But subsequently, it is necessary to cover absences and absenteeism, and without the appropriate document this will not be possible.
Therefore, many people wonder whether it is possible to buy a sickness certificate retroactively. So, next we will look at how to get this document to justify your absence from school or work.
FRDO and backdated documents
From June 29, 2021, Article 19.30.2 comes into force, which introduces penalties for incorrect provision or failure to provide data on educational documents to the register of educational documents. Fines threaten both organizations as a whole and officials.
In addition, educational organizations must enter data within six months from the date of issuance of the relevant documents. All these factors make it impossible to enter into the FDDO documents that were issued retroactively. To begin with, it is worth noting that the organizations themselves may not be interested in providing information, thereby advertising their illegal activities to supervisory authorities. In addition, for failure to comply with deadlines, they face the following fines:
- from 10 to 15 thousand rubles. - officials;
- from 100 to 150 thousand rubles. - organizations.
Is it possible to receive alimony retroactively?
So, you want to file for child support retroactively. In order to find out whether such a possibility exists, let us turn to the norms of the current legislation. The RF IC reflects the time limits for applying for alimony.
In accordance with paragraph 2 of Art. 107, alimony is collected from the moment the child goes to court. However, the same article states that funds can also be recovered for the past period, provided that it does not exceed three years before the date of application. Thus, it is possible to collect alimony retroactively.
