In a competitive job market, the temptation to ‘polish’ a CV is understandable. Perhaps you round up a GPA, exaggerate your fluency in French, or claim a project was your solo effort. But there is a definitive line between highlighting your strengths and committing fraud. Listing a degree you never completed—or never even started—crosses that line significantly.
While it might seem like a harmless shortcut to getting your foot in the door, lying about a diploma is a ticking time bomb. CV fraud is increasingly coming to light, and under Dutch law, the consequences extend far beyond an awkward conversation with HR. We are talking about immediate dismissal, repayment of wages, loss of severance pay, and even criminal prosecution for forgery.
For employers, the stakes are equally high. Hiring unqualified personnel can lead to reputational damage and liability issues. This article explores the legal reality of credential fraud in the Netherlands, detailing what employers check, the risks for employees, and the strict stance of the Dutch courts.
The Reality of CV Fraud in the Netherlands
It is a growing phenomenon in the Netherlands. As pressure mounts to possess higher qualifications for entry-level positions, more applicants are resorting to fabrication. However, the days of relying on a photocopy of a certificate are largely over.
Employers are becoming increasingly vigilant. Verification has shifted from a casual glance at a document to a rigorous, digital process. Whether it is a multinational corporation or a small SME, the standard procedure now often involves validating credentials before the ink on the employment contract is dry. The assumption that “they probably won’t check” is a dangerous gamble that fewer applicants are winning.
What Do Employers Actually Check?
If you claim to have a degree, you should expect that claim to be tested. The verification process in the Netherlands has become systematic and thorough. Employers utilize several methods to ensure the person they are hiring is who they claim to be.
Original Documentation
The most basic check is requesting the original diploma. A scan or a copy is rarely accepted as definitive proof anymore due to the ease of digital manipulation. HR departments are trained to look for authenticity features on physical documents.
DUO Verification
For Dutch degrees, the Dienst Uitvoering Onderwijs (DUO) is the gold standard. Employers can ask candidates to download a certified extract from the diploma register (Mijn diploma’s) using their DigiD. This is tamper-proof evidence. If a candidate stalls or provides excuses regarding the DUO register, alarm bells immediately ring.
External Screening Agencies
Many organisations outsource this headache to specialized screening bureaus. These agencies conduct deep dives, verifying not just education but also work history and references. They contact universities directly—both in the Netherlands and abroad—to confirm graduation dates and degree classifications.
References and Experience
Checks often go beyond the paper qualification. By contacting previous employers, recruiters can verify if the candidate actually utilized the skills associated with the degree. Inconsistencies between a CV and a reference check often trigger a deeper investigation into the educational background.
Sector-Specific Mandates
In sectors such as healthcare, education, government, and finance, checking diplomas is not just policy; it is often a statutory requirement. In these fields, working without the correct qualification can be a criminal offence in itself (unauthorized practice of a profession).
Consequences During the Application Phase
If the lie is discovered before employment begins, the immediate consequence is simple: the job offer is withdrawn. However, if the contract has been signed but work has not yet commenced, the legal machinery kicks in.
Under Dutch Civil Code (Article 3:44 BW), an employment contract can be annulled on the grounds of fraud (bedrog) or error (dwaling). If the employer can prove they would never have entered into the contract had they known the truth, the contract is treated as if it never existed.
Furthermore, if the employer has incurred costs during the recruitment process—such as agency fees or assessment costs—they may claim these back from the applicant. The applicant’s reputation within the industry is also likely to be shattered, as recruiters often share information informally.
Consequences During Employment: The Legal Fallout
The situation becomes significantly more severe if the employee has already started working. The discovery of a fake degree often leads to the termination of the employment relationship, and Dutch law provides employers with powerful tools to handle this.
Summary Dismissal (Ontslag op staande voet)
This is the most severe sanction in Dutch employment law. Under Article 7:678 paragraph 2 sub a of the Dutch Civil Code (BW), misleading the employer about one’s qualifications constitutes an “urgent cause” (dringende reden) for dismissal.
Summary dismissal means the employment ends immediately. There is no notice period, and usually, the employee loses their right to unemployment benefits (WW-uitkering). Courts generally uphold summary dismissal in these cases because the lie destroys the mutual trust required for an employment relationship.
Dissolution for Culpable Acts
If a summary dismissal is deemed too risky or procedurally complex, an employer may petition the sub-district court to dissolve the contract based on “culpable acts or omissions” (Article 7:669 paragraph 3 sub e BW). The argument remains the same: the employee lied, and therefore, the employer cannot reasonably be expected to continue the contract.
Forfeiture of Transition Payment
Normally, employees are entitled to a transition payment (transitievergoeding) upon dismissal. However, Article 7:673 paragraph 7 BW states that this right lapses if the dismissal is the result of seriously culpable conduct by the employee. Case law confirms that lying about a diploma falls squarely into this category. In the case of ECLI:NL:RBLIM:2023:2753, the court ruled that the employee’s fraud regarding diplomas and work experience was seriously culpable, resulting in zero transition payment.
Civil Service Law
For public servants, the standards are arguably higher. The Central Appeals Tribunal (Centrale Raad van Beroep) has consistently ruled that providing false information regarding diplomas constitutes serious dereliction of duty (ernstig plichtsverzuim). As seen in ECLI:NL:CRVB:2017:2289, this justifies unconditional dismissal. The integrity expected of a public official means that honesty is a fundamental requirement.
Criminal Law Risks: Forgery and Fraud
Beyond the loss of a job, lying about a degree can lead to a criminal record. This transforms an employment dispute into a police matter.
Forgery (Valsheid in geschrift)
If an employee alters a diploma or creates a fake one and presents it to an employer, this constitutes forgery under Article 225 of the Dutch Penal Code (Wetboek van Strafrecht). The maximum penalty is six years imprisonment. While first-time offenders rarely see the inside of a cell, community service (taakstraf) and hefty fines are common.
Fraud (Oplichting)
If the employee uses the fake degree to obtain a salary they would not otherwise have received, this can be classified as fraud (Article 334 Sr). The employee has essentially tricked the employer into parting with money (wages) based on false pretences.
Repayment of Wages
Employers may also sue for damages. In extreme cases, employers have successfully argued that the employee should repay wages earned, reasoning that the wages were paid under the false assumption of qualification. While total repayment is rare (as work was performed), damages for training costs or recruitment fees are frequently awarded.
When Does Lying Not Lead to Summary Dismissal?
Legal outcomes are rarely black and white. While the principle is that fraud leads to dismissal, Dutch judges apply a rigorous proportionality test. Not every lie results in a valid summary dismissal.
The court will weigh the “urgent cause” against the personal consequences for the employee. Factors that might save an employee from immediate dismissal include:
- Relevance: Was the diploma a hard requirement for the role? If you lied about a PhD for a job that only requires high school education, a judge might rule that summary dismissal is too harsh (though dissolution of contract remains likely).
- Length of Service: An employee with 20 years of impeccable service who lied decades ago might be treated differently than a new hire.
- Employer Negligence: Did the employer know, or should they have known?
- Procedural Errors: The employer must act “immediately” (onverwijld) upon discovering the fraud. If they wait weeks to gather evidence without suspending the employee, the summary dismissal may be voided (Reference: ECLI:NL:GHARL:2019:3196).
The Employer’s Duty to Investigate
It is important to note that employers also bear responsibility. Dutch law implies a duty of care and investigation. If an employer fails to verify a diploma at the start of employment, claiming “deception” five years later becomes more difficult.
In ECLI:NL:RBALK:2009:BK7947, the court dissolved a contract because the employee misled the employer about a Higher Professional Education (HBO) diploma. However, the court also looks at whether the employer was diligent. If an employer accepts a copy of a diploma that clearly looks forged, or fails to ask for the document for years, they may share some of the blame. This does not absolve the employee of the lie, but it might influence the financial settlement or the type of dismissal granted.
Practical Advice: What to Do if Your CV is Inaccurate?
If you are currently employed and know your CV contains a fabrication regarding your education, you are in a precarious position. The best advice is usually proactive damage control.
- Do not wait to be caught: Discovery usually leads to summary dismissal.
- Come clean (carefully): In some cases, admitting the discrepancy before a screening takes place can save the relationship, especially if you have proven your worth in the role.
- Obtain the qualification: If you are close to finishing, finish it. Alternatively, look into an EVC procedure (Erkenning Verworven Competenties) to get your experience formally recognised.
- Legal Counsel: If you are facing an investigation or dismissal, seek legal advice immediately. The nuances of onverwijldheid (immediacy) and the exact nature of the dismissal can make a massive financial difference.
Frequently Asked Questions
Can I be summarily dismissed for lying about my degree?
Yes. Under Article 7:678 BW, providing false information about qualifications is considered an urgent cause for summary dismissal. This means immediate termination without notice or severance pay.
What are the criminal consequences of diploma fraud?
Using a falsified document is forgery (Article 225 Sr), punishable by up to six years in prison. In practice, this usually results in community service or a substantial fine, plus a permanent criminal record.
How do employers verify if a diploma is real?
Employers request original documents, use the DUO register (for Dutch degrees), hire external screening agencies to contact universities, and verify references. This is standard practice in many industries.
Do I lose my transition payment if fired for diploma fraud?
Yes, in most cases. If the dismissal is due to “seriously culpable acts” (like fraud), the employer is not required to pay the transition payment (transitievergoeding), as per Article 7:673 BW.
Can I challenge my dismissal if I lied about my degree?
You can challenge it, but the success rate is low if the fraud is proven. Your best defence would be if the diploma was not relevant to the job, or if the employer waited too long to fire you after finding out.
What if the diploma was not essential for my job?
The judge may rule that summary dismissal is too severe if the degree wasn’t a hard requirement. However, the breach of trust alone is often enough for the court to dissolve the contract, albeit perhaps with a notice period.
Can an employer check my diploma without my permission?
Generally, employers need your consent to run a background check via an external agency (GDPR). However, refusing to provide proof of qualifications for a job that requires them can be grounds for rejection or dismissal.
What should I do if I am currently employed with a fake degree?
Seek legal advice immediately. Proactively addressing the issue or obtaining the qualification via an EVC procedure is better than waiting for a background check to expose the fraud.
Conclusion
Lying about a diploma is a high-risk strategy with severe legal and professional repercussions. The Dutch legal system prioritizes integrity in employment relationships, and the courts rarely show leniency to those who secure positions through deception. Whether it is a summary dismissal, the repayment of wages, or a criminal record for forgery, the cost of a fake degree far outweighs the initial benefit of securing an interview.
For employers, the message is clear: trust, but verify. A robust screening process is the only defence against credential fraud. For employees, the advice is even simpler: honesty is the only policy that provides long-term job security.
If you are an employer dealing with suspected fraud, or an employee worried about the accuracy of your CV, do not navigate this complex legal landscape alone. We strongly recommend consulting with an employment lawyer or HR specialist to understand your specific rights and obligations.
