Yes.
It is illegal to make false salary sheets. As for the issue of liability, the offender must bear corresponding administrative penalties or criminal liability based on the purpose and consequences of using the false salary sheet.
Under normal circumstances, it is not illegal for employees to leak their salary schedules. However, according to relevant regulations, if the employer and the employee agree in the labor contract to keep the employer’s business secrets and intellectual property-related confidentiality matters , if the employee violates the agreement, he shall pay liquidated damages to the employer as agreed. What kind of punishment will be imposed for falsifying salary sheets depends on the purpose and consequences of falsifying salary sheets. If it is to obtain cash, it constitutes fraud. If it is for the purpose of evading taxes, it constitutes tax evasion. If it is simply forgery, it constitutes the crime of forging evidence, which refers to the act of deliberately creating false evidence materials; including imitating real evidence to create false evidence, or fabricating false evidence out of thin air, as well as altering real evidence so that it is lost or Circumstances that weaken the role of proof.
The main forms of employer's dishonesty are when the employer signs "labor contracts", "employment agreements", "contract contracts", "labor dispatch agreements", etc. Cover up the true employment relationship.
The employer refuses to sign a labor contract with the employee or signs a blank contract with the employee; the employer fabricates false salary schedules or fabricates false attendance records, and conceals the actual working hour system and overtime work status of the employees.
The forms of workers’ breach of trust include forging academic certificates, fictitious work experience, fabricating false identities, beautifying performance, submitting false sick leave notes to employers, and violating the service period commitments when joining the company, etc.
Next, the court will strengthen criticism and education of dishonest parties, and actively report such cases extensively through public hearings, live broadcasts of trials, and media publicity.
Strengthen the description of the phenomenon of breach of trust in legal documents, clarify the content of the parties’ breach of trust, promptly publish legal documents online, and give full play to the supervision and warning role of online disclosure of documents.
Actively establish working contacts with the industrial and commercial departments, labor administration departments, social insurance audit departments, and taxation departments, provide illegal clues to relevant law enforcement departments through judicial recommendation letters, etc., assist other departments to strengthen law enforcement supervision, and form A joint effort to combat dishonesty in the labor sector.
Legal basis:
"Labor Contract Law of the People's Republic of China"
Article 24: Persons subject to non-competition restrictions are limited to the employer senior managers, senior technical personnel and other personnel with confidentiality obligations. The scope, territory, and duration of non-competition shall be agreed upon by the employer and the employee. The agreement on non-competition shall not violate the provisions of laws and regulations.
After the labor contract is terminated or terminated, the personnel specified in the preceding paragraph shall go to other employing units that compete with the unit that produces or operates similar products or engage in similar business, or start their own business to produce or operate similar products. , The non-competition period for similar businesses shall not exceed two years.
Article 43 of the Accounting Law of the People's Republic of China and the State of China: Anyone who forges or alters accounting vouchers and accounting books, or prepares false financial accounting reports, which constitutes a crime, shall be held criminally responsible in accordance with the law.
If any act in the preceding paragraph does not constitute a crime, the financial department of the people's government at or above the county level shall notify the unit, and may impose a fine of not less than 5,000 yuan but not more than 100,000 yuan on the unit; Persons in charge and other directly responsible persons may be fined not less than 3,000 yuan but not more than 50,000 yuan; if they are state workers, they shall also be given administrative sanctions ranging from removal to expulsion by their units or relevant units in accordance with the law; accounting personnel among them, Not allowed to engage in accounting work within five years.
Article 307 of the "Criminal Law of the People's Republic of China", the crime of obstructing testimony. Whoever prevents witnesses from testifying by means of violence, threats, bribery, etc. or instructs others to give perjury shall be sentenced to not more than three years. Fixed-term imprisonment or criminal detention; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
The crime of assisting the destruction or fabrication of evidence helps a party to destroy or fabricate evidence. If the circumstances are serious, he or she shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Judicial personnel who commit the crimes in the first two paragraphs shall be severely punished.