Can an employment contract for an indefinite period be dated retroactively?

Questioner

I have an employee who started on March 24th, but due to illness and a very early start date, her contract was not ready in time. Wik would like her contract to still be legally valid as of March 24th. Can I offer her the contract today with the date of March 24th as the start date or should I still offer it with the start date today?

Lawyer

The employment contract is a record of what has been agreed. If the employee actually started on March 24, that would be the start date to be mentioned. In general, it is unwise to put an employee to work before an employment contract has been signed. A dispute could arise about the agreed employment conditions and that could ultimately lead to a problem of evidence.

Lawyer

I would set the start date to 24/03. That is also true. You can use today for the date of signing. That is not a problem. I know that backdating often occurs, but it is and remains a criminal offense. It is also not necessary in this case.