Don: Take stern action against those selling, using fake credentials for employment

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Dr Muzaffar Syah Mallow

KUCHING (Aug 4): An academician has called for stern action to be taken against those who are involved in the sale and use of fake credentials or documents for employment.

Universiti Sains Islam Malaysia’s Faculty of Syariah and Laws associate professor Dr Muzaffar Syah Mallow said members of the public should play their role by reporting any suspicious activities to law enforcement agencies such as the police or the Malaysian Anti-Corruption Commission (MACC).

“Using fake credentials or documents is not only a serious misconduct, which can heavily affect a person’s name and career but also a crime, which can be subjected to severe punishments,” he said in a statement today.

He made these remarks in response to the recent talks in the country concerning people using fake credentials and documents as well as issues involving the sale of fake credentials and documents online.

Muzaffar pointed out that employers and human resource managements must carry out a thorough inspection on all materials provided to them to prevent the use of fake credentials or documents within their organisations.

“At the government level, the Ministry of Education and Ministry of Higher Education should monitor this issue closely. Both the ministries must ensure no such illegal activity is committed by any government servant,” he said.

According to him, this issue is not new in Malaysia, and that it also happens in other countries.

He opined that advanced technology, including the use of Artificial Intelligence (AI), has made the process of faking materials easier and more quickly.

Under the employment law, Muzaffar said any worker who is found guilty of using fake credentials or documents in getting a job will be regarded as committing serious misconduct and could be dismissed upon due inquiry.

“Upon receiving any complaint, the employer can conduct internal investigation to decide whether or not a misconduct has taken place or any rules have been breached. The employer can then determine the type of punishment for the worker concerned.

“If the misconduct is minor, the employer should issue a warning letter to the worker. If it is serious, the employer might consider a dismissal,” he said.

He felt that faking credentials or documents can be considered as a serious misconduct for it involves deception.

He pointed out that those involved in using fake credentials or documents can be regarded as committing a crime and subjected to criminal charges.

In Malaysia, Muzaffar said such misconduct can be investigated under Section 463 of the Penal Code [Act 574] for forgery.

“Section 463 clearly stipulates ‘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’,” he said.

He added that Section 465 of the Penal Code further provides for the punishment for the forgery committed.

The Section reads “Whoever commits forgery shall be punished with imprisonment for a term which may extend to two years or with fine or with both”, he said.

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