It happens more often than you think: signing a contract and simply adding an earlier date. Because it is more practical, better suited to a deadline or confirms agreements afterwards. At first glance, that doesn't seem like a problem. Especially if both parties agree. Yet anti-dating is anything but harmless. Legally, it falls under forgery and that is a crime. A criminal offense that you as an employer must take seriously.
What exactly is anti-dating?
Antidating means that you give an agreement an earlier date than when it was actually signed. For example: an employee signs a contract on April 10, but you decide to put 'April 1' as the date. Possibly because work has already been done since April 1, or because certain rights or obligations fit better then. But legally speaking, you then say something that is not true: you create the appearance that the contract was concluded on a different date than was actually the case. And that's exactly what makes it actionable.
Forgery: up to six years in prison
Under the law, intentionally forging or falsifying a writing for the purpose of using it as genuine and unadulterated is punishable by law. This is called forgery. Anyone guilty of this risks up to six years in prison or a fifth category fine, currently around 82,000 euros. Antidating therefore falls under this, even if both parties agree or there appears to be no direct harm.
A practical example: employer gets jail time
That these rules do not exist only on paper was demonstrated by a court ruling in a case where an employer had submitted an employment contract with a non-compete clause in a dissolution proceeding. The employee stated that he had never signed or even seen that agreement.
Although the employer was supported by three witnesses, the judge ruled that the contract was falsely drawn up. The intent was clear: to pretend that there was a non-compete clause in order to limit the employee's opportunities in the job market. In doing so, the employer was deliberately trying to harm the employee.
Moreover, he used this false document in court proceedings, which increased the seriousness of the offense. Because the employer had previously been convicted of forgery, the judge imposed a one-month prison sentence on him.
Not always jail time, but always risk
Of course, not everyone who antidates a document gets an immediate jail sentence. The seriousness of the situation and the intent behind the act play an important role. But this ruling shows that the risk is real and that judges take strict action when there is intentional deception, especially if it occurs within legal proceedings or with the intent to harm another person.
Be aware of the consequences
Thus, what often begins as a "convenient solution" to straighten out something administratively can have serious legal consequences. It is therefore important to handle this carefully. Do you want to correct something or give retroactive effect to agreements? Then document this explicitly in an additional agreement or get advice on the right legal route.
Conclusion
Antidating an employment contract is no small matter, but a potential criminal offense. Especially when it is done with the purpose of creating a certain impression or restricting rights of another person. The risk of legal and financial consequences is high, and in serious cases, even liable to criminal prosecution.
Are you unsure about the right approach to setting agreements? If so, please contact us. Avoid problems and get proper advice before a detail like a date leads to a legal trap.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about employment contracts. Please feel free to contact us .
April 2025
