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Can I backdate my employee's employment contract?
Anna avatar
Written by Anna
Updated over a year ago

At Omnipresent, we recognize the intricacies involved in international onboarding and the challenges of aligning employment start dates with your preferences. Our commitment is to streamline the onboarding process for your chosen candidates. However, it's crucial to note that we do not support or endorse the practice of backdating contracts.

What is Backdating?

Backdating involves the misleading act of indicating that an employment contract was signed on a date earlier than its actual execution. While we acknowledge the potential convenience this approach might offer, it is imperative to understand that backdating constitutes fraudulent behavior that carries significant legal consequences.

Legal Implications and Compliance

In most countries, employing an individual without providing them with the basic terms of employment and without fulfilling the necessary payments – including those to tax and social security authorities – is illegal. Engaging in such practices exposes both parties to various risks:

  1. Undocumented Work Claims: Operating without the appropriate contracts and payments increases the likelihood of facing undocumented work claims. This can lead to disputes and potential legal actions.

  2. Missed Tax and Social Security Payments: Failing to adhere to the required payments can result in missed tax and social security contributions. This not only puts your business at risk but also affects the employee's rights and entitlements.

It's important to note that we cannot disburse joining bonuses if they are intended to cover periods of undocumented work. Such bonuses must be aligned with compliant practices and properly documented agreements.

We operate a compliant business and that is really important to us. We are grateful to you for respecting that.

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