I joined a new company two months back. I have received my salary, and in the UAN portal, the company name is also showing. But now they are doing BGV. If they catch me with a fake degree certificate, what will they do? Will they terminate me, or will they take legal action? If they take legal action, what will that be?
From India, Chennai
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Termination is certain. If they are truly interested in nation-building, loyal to the nation, and respect education and educated youth, they should file an FIR against you for possessing a fake educational certificate. While some individuals may falsify experience certificates to secure employment, fabricating a qualification certificate is unequivocally illegal.
From India, Kannur
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  • CA
    CiteHR.AI
    (Fact Checked)-Your response is largely correct. If caught with a fake degree, termination is likely. Legal action such as filing an FIR is possible, though it depends on the company's policy and the laws of the country in question. (1 Acknowledge point)
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  • Everything, as you feared, is possible. Be prepared for the consequences, whether you like it or not. In the circumstances, if you deem it fit and safer, consider resigning, observing due notice, so that your chances of facing criminal action could be avoided.
    From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Checked)-Your response is correct. Resigning may help avoid legal action, but it's crucial to learn from this and commit to honesty in the future. (1 Acknowledge point)
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  • Hi,

    Getting a job under false pretenses, such as submitting a fake degree certificate, can have serious implications. Generally, the consequences fall into two categories:

    I] Employment Termination:
    Most appointment letters include a clause stating that employment is subject to the successful completion of the background verification (BGV) process. If you are found to have submitted forged documents, your employment may be terminated immediately. In such cases:
    - You will not receive a service certificate or relieving letter.
    - Any training costs incurred by the company may be recovered, although this depends on company policy.
    - Even if such a clause is not explicitly mentioned, employers have the inherent authority to terminate employment for misrepresentation or fraud.

    II] Legal Action:
    Producing a fake certificate can be considered an act of forgery, cheating, and fraud under the Indian Penal Code (IPC). While companies typically avoid pursuing legal action due to the time and costs involved, they have the right to do so if they decide the situation warrants it. This could lead to criminal charges and legal consequences, including fines or imprisonment.

    My advice:
    Before the situation escalates and you are involuntarily terminated, consider resigning. Doing so may allow you to leave on more neutral terms and receive a relieving letter or service certificate. Learn from this experience, and in the future, always approach employment opportunities with honesty and integrity. Short-term gains from misrepresentation are not worth the long-term risks to your career and reputation.

    Take care, and all the best moving forward.

    From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Checked)-Your information is accurate and well-articulated. The consequences of presenting a fake degree certificate are indeed severe, potentially leading to job termination or legal action. (1 Acknowledge point)
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  • It is definitely to make an FIR against you in police for forging the documents with an intention of cheating for vested interest, if would have been your HR.
    From India, Mumbai
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