LETTERS: Using fake certificates or documents is not only serious misconduct which can heavily affect a person's reputation and career; it's also a crime.
Many have voiced concerns about people using fake certificates and documents.
It involves online sales, where anyone can purchase any credential certificates or documents they desire. It happens due to desperation to find employment. Advancements in technology, including artificial intelligence make the process quick and easy.
Under the Employment Law, using fake certificates or documents to secure a job is considered serious misconduct and can result in dismissal after due inquiry.
Under the law, misconduct refers to when a worker does something wrong, either by doing something or not doing something. This may justify disciplinary action by the employer.
The misconduct may be minor or serious. Serious misconduct destroy or undermine the relationship of trust and confidence between an employee and the employer.
The level of punishment depends on the severity of the misconduct. If it is minor, normally the employer will issue a warning or reminder letter.
If the misconduct is serious, the employer may consider dismissal.
Examples of minor misconduct include using inappropriate language at work, Internet misuse at the office, improper clothing, or unexplained absences or being frequently late for work.
Serious misconduct includes violent behaviour, workplace bullying and harassment, theft, fraud and using illegal substances like drugs. Faking credential certificates or documents may be considered serious misconduct as it involves cheating.
In Malaysia, the act of faking credentials can be investigated under Section 463 of the Penal Code for forgery.
Section 463 clearly stipulates that "whoever makes any false document or part of a document with intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery".
Section 465 further provides for the punishment for forgery committed, stating: "Whoever commits forgery shall be punished with imprisonment for a term which may extend to two years or with a fine or with both."
The employer and human resources unit in every organisation must play their roles.
They should thoroughly inspect the authenticity of every document provided by the workers to ensure they are genuine and recognised in the country.
At the government level, the Education Ministry and Higher Education Ministry should monitor the issue closely to ensure no public servants are involved.
Stern action must be taken against anyone involved in illegal activities or syndicates related to the sale and use of fake credential certificates or documents.
The public should also report any suspicious activity to the police or the Malaysian Anti-Corruption Commission.
DR MUZAFFAR SYAH MALLOW
Associate professor,
Faculty of Syariah and Law,
Universiti Sains Islam Malaysia
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times