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Legal methods of combating fraud in the field of employment

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 12.07.2024

Legal methods of combating employment fraud

Employment fraud is one of the most serious problems in the modern labor market. Illegal actions of fraudsters can lead to significant financial losses, moral damage and other negative consequences for job seekers. In this article, we will look at the main types of employment fraud, legal methods of combating them, and tips on how to protect yourself from possible fraud.

Main types of employment fraud

Employment fraud can take many forms. Here are some of them:


  • Fake vacancies
    One of the most common types of fraud is the posting of fake vacancies on various websites and in classifieds. Fraudsters may require job seekers to pay upfront for non-existent services, such as paperwork or training.
     

  • Fake employment agencies
    Fraudsters can set up fake employment agencies that promise to find a job for a fee. After receiving the money, they disappear without providing any services.
     

  • Unlawful demands during job interviews
    Sometimes fraudsters may demand that job seekers provide personal information or pay money during an interview. This may include requests for copies of passports, bank details, or other confidential documents.
     

  • Failure to providepromised working conditions
    Some employers may promise one working condition and actually provide a completely different one. This may include failing to provide promised wages, social benefits or other working conditions.
     

Legal methods of combating fraud

Fighting employment fraud is an important task for the state and law enforcement agencies. There are several legal methods that can be used to combat this type of crime.

Criminal liability

According to the Criminal Code of Ukraine, employment fraud can be qualified under several articles:

  1. Article 190 of the Criminal Code of Ukraine - Fraud 
    This article provides for liability for taking possession of another's property or acquiring the right to property by deception or breach of trust. The punishment may include a fine, correctional labor, or imprisonment for up to three years.
  2. Article 358 of the CCU - Forgery of documents 
    Fraudsters who use forged documents may be held liable under this article. The penalty may include a fine or imprisonment for up to two years.

     

Administrative and legal liability

Some types of violations in the field of employment may be qualified as administrative offenses. For example, administrative fines may be imposed for violations of the procedure for providing information services or placing false advertisements.

Civil liability

Victims of employment fraud may file a claim for damages in court. This may include compensation for pecuniary and non-pecuniary damage, as well as reimbursement of legal fees.

Ways to protect yourself from fraud

To avoid employment fraud, job seekers should follow the following recommendations:


  • Verify employer information
    Before submitting a resume or agreeing to an interview, carefully check the employer's information. Check reviews from other employees, licenses and registration documents, and company contacts.
     

  • Avoid prepayments
    Do not pay money for employment services unless it is required by law. Most legitimate employers do not require advance payments for employment.
     

  • Keeping yourdata confidential
    Do not provide personal information, such as passport details, bank details, or other confidential documents, unless you have to. They can be used by fraudsters for illegal activities.
     

  • Checking documents
    Before signing any documents, check them carefully. Avoid signing documents that you do not understand or that contain unclear terms and conditions.
     

  • Consultation with a lawyer
    If you have any doubts about the legality of the actions of your employer or employment agency, contact a lawyer for advice. A lawyer will help you assess the risks and protect your rights.
     

  • Contacting law enforcement agencies
    If you have become a victim of fraud, contact law enforcement immediately. Providing timely information will help investigate the crime and bring the perpetrators to justice faster.
     

  • Use official resources
    When looking for a job, use only official resources, such as websites of well-known companies, government employment portals, and licensed agencies. Avoid using questionable websites and classifieds.
     

  • Raising awareness
    Raising awareness of possible types of fraud is an important defense. This can include reading information about common scams and participating in seminars and trainings on consumer protection.
     

  • Monitor reviews and ratings
    Before submitting your resume or agreeing to an interview, check employer reviews and ratings on specialized websites. This will help you avoid working with unreliable companies.
     

  • Keep in touch with theemployer
    Keep in touch with your potential employer throughout the entire period of employment. This will help you quickly resolve any problems and get the support you need.
     

  • Participate in consumer protection programs
    Some countries and organizations provide consumer protection programs that may include counseling and other forms of support. Participation in such programs can be useful for job seekers.
     

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Conclusion

Employment fraud is a serious threat to job seekers and can have significant legal consequences for perpetrators. Following the recommendations for verifying employer information, avoiding prepayments, and maintaining confidential data will help protect your rights and avoid unpleasant situations. In case of any problems, do not hesitate to contact law enforcement agencies and lawyers for assistance and protection of your rights.

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