It happens more often than you might think: signing a contract and simply entering an earlier date on it—because it’s more practical, fits better with a deadline, or confirms agreements made afterward. At first glance, this doesn’t seem like a problem—especially if both parties agree to it. Yet backdating is anything but harmless. Legally speaking, it constitutes forgery, which is a criminal offense—a crime that you, as an employer, must take seriously.
What exactly is backdating?
Backdating means giving an agreement a date earlier than the date on which it was actually signed. For example: an employee signs a contract on April 10, but you decide to put “April 1” as the date on it. This might be because the employee has already been working since April 1, or because certain rights or obligations align better with that date. But from a legal standpoint, you’re stating something that isn’t true: you’re creating the impression that the contract was entered into on a different date than was actually the case. And that is precisely what makes it a criminal offense.
Forgery: up to six years in prison
Under the law, intentionally falsifying or forging a document with the intent to use it as genuine and unaltered is a criminal offense. This is known as forgery. Anyone found guilty of this offense faces a prison sentence of up to six years or a fifth-category fine, currently about 82,000 euros. Backdating therefore falls under this offense, even if both parties agree to it or if there appears to be no direct harm.
A real-life example: Employer Sentenced to Prison
The fact that these rules are not merely theoretical was demonstrated by a court ruling in a case in which an employer had submitted an employment contract containing a non-compete clause during termination proceedings. The employee stated that he had never signed that contract and had never even seen it.
Although the employer was supported by three witnesses, the judge ruled that the contract had been falsely drawn up. The intent was clear: to pretend that a non-compete clause existed in order to limit the employee’s opportunities in the job market. In doing so, the employer deliberately sought to cause harm to the employee.
Furthermore, he used this forged document in legal proceedings, which aggravated the offense. Because the employer had previously been convicted of forgery, the judge sentenced him to one month in prison.
Not always a prison sentence, but always a risk
Of course, not everyone who backdates a document is immediately sentenced to prison. The severity of the situation and the intent behind the action play an important role. But this ruling shows that the risk is real and that judges take a strict stance when there is intentional deception, especially when it occurs within legal proceedings or with the intent to harm another person.
Be aware of the consequences
What often starts as a “convenient solution” to iron out an administrative issue can therefore have serious legal consequences. It is therefore important to handle this with care. Do you want to correct something or make agreements retroactive? If so, explicitly set that out in a supplemental agreement or seek advice on the proper legal course of action.
Conclusion
Backdating an employment contract is no trivial matter; it is a potentially criminal offense. This is especially true when it is done with the intent to create a certain impression or to limit another person’s rights. The risk of legal and financial consequences is high, and in serious cases, it may even result in criminal prosecution.
Are you unsure about the best way to document agreements? If so, please contact us. Avoid problems and get sound advice before a detail like a date turns into a legal pitfall.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about employment contracts. Please feel free to contact us .
April 2025