Debate Mansion

   

Exploitation of employee or blackmail of employer? (Khobragade case)

Post Reply New Post

Page 1 of 54

Page 1
Page   of 54
Page 2 Page 54

peridot.

Senior Member

peridot.

Joined: 28 February 2009

Posts: 659

Posted: 15 December 2013 at 7:35pm | IP Logged
The arrest of Indian diplomat, Devyani,   in the US over alleged visa fraud by underpaying her domestic helper  is causing quite a ruckus between the two govt. The Indian Diplomat was handcuffed and arrested when she dropped her two daughters in school. Her maid had been absconding since a few months and had agreed to accept alesser salary before leaving India. Instead of US $ 9.75 per hour she was getting $ 3.11 per hour which is anyway way high by Indian standards. The maid had asked for help in securing a permanent resident certificate in US to which the employer had expressed her inability after which the maid ran away. The maid, sangeeta Richards  has been absconding since June this year, and ''in this context the Delhi high court had issued an-interim injunction in September to restrain Ms Richards from instituting any actions or proceedings against Dr Khobragade outside India on the terms or conditions of her employment.'' She retaliated by compalining against her emploer who got handcuffed in public. Whether Indian diplomats enjoy diplomatic  immunity like their US counterparts visiting India is being debated.
 
Is the maid being exploited by not being paid the wages by US standards or is she being opportunistic ?
Are  Indian dilpomats entitled to diplomatic immunity like their foriegn counterparts?
 


Edited by peridot. - 26 December 2013 at 9:14am

The following 1 member(s) liked the above post:

LovelyPlanet

Dear Guest, Being an unregistered member you are missing out on participating in the lively discussions happening on the topic "Exploitation of employee or blackmail of employer? (Khobragade case)" in Debate Mansion forum. In addition you lose out on the fun interactions with fellow members and other member exclusive features that India-Forums has to offer. Join India's most popular discussion portal on Indian Entertainment. It's FREE and registration is effortless so JOIN NOW!

return_to_hades

IF-Veteran Member

return_to_hades

Joined: 18 January 2006

Posts: 20401

Posted: 16 December 2013 at 7:40am | IP Logged

I'm confused about the details of this case. Many things don't add up. The minimum wage in USA is $7.25/hr. I don't know where the $9.75/hr is coming from. New York minimum wage is $9.00/hr which still isn't $9.75/hr. Indian reports are calculating that to be $4500.00/mo claiming the diplomat makes only $4120/mo. $7.25/hr comes to $1260/mo and $9.75 comes to $1690/mo based on a 40 hour work week barring overtime. Even with overtime it wouldn't come to more than $2,000 a month. $4500/mo is $26.00/hr which is a sweet salary. You will have a throng of people begging to be your servant if you paid that rate. So there is more to the case than meets the eye. The reports are grossly inaccurate.

 

Paying anything less than the Federal minimum wage in USA is a huge atrocity. Especially considering the fact that the minimum wage is also deemed too low by many. If someone actually paid less than $5.00 it would be considered bondage or slavery of some sort.

 

Diplomats do have diplomatic immunity and as such a diplomat should not have been arrested. However, exceptions are made in serious cases. I don't know if authorities saw this as an instance of slavery. There may have been issues with the legal status of the maid too. Details are sketchy on all sides.

The following 6 member(s) liked the above post:

-Aarya-ILoveDramaNo2PencilempusaYankeescharminggenie

charminggenie

IF-Rockerz

charminggenie

Joined: 28 December 2007

Posts: 6719

Posted: 16 December 2013 at 9:43am | IP Logged
Originally posted by return_to_hades

I'm confused about the details of this case. Many things don't add up. The minimum wage in USA is $7.25/hr. I don't know where the $9.75/hr is coming from. New York minimum wage is $9.00/hr which still isn't $9.75/hr. Indian reports are calculating that to be $4500.00/mo claiming the diplomat makes only $4120/mo. $7.25/hr comes to $1260/mo and $9.75 comes to $1690/mo based on a 40 hour work week barring overtime. Even with overtime it wouldn't come to more than $2,000 a month. $4500/mo is $26.00/hr which is a sweet salary. You will have a throng of people begging to be your servant if you paid that rate. So there is more to the case than meets the eye. The reports are grossly inaccurate.

I am also confused about the minimum wages discussed all through the case, but from what I gather the maid was being paid less than the required amount. But the issue is murkier because there has been an ongoing case against her since she fled from her employer's place and was demanded a US citizenship. The Indian court had barred her from pursuing any case against the diplomat in International Courts. I think the maid was being paid less than the one hired in US ( not unusual many NRIs take working class from India pay them wages higher than their Indian counterparts but less than the locals) but since she went absconding and demanded green card makes it a case of blackmail as well.

 

Paying anything less than the Federal minimum wage in USA is a huge atrocity. Especially considering the fact that the minimum wage is also deemed too low by many. If someone actually paid less than $5.00 it would be considered bondage or slavery of some sort.


Diplomats do have diplomatic immunity and as such a diplomat should not have been arrested. However, exceptions are made in serious cases. I don't know if authorities saw this as an instance of slavery. There may have been issues with the legal status of the maid too. Details are sketchy on all sides.

They have cited Vienna convention according to which a diplomat enjoys immunity only in case of constitutional offences. She is technically allowed to be prosecuted but the way it was conducted without a detailed report is very sketchy and speaks about lack of tact. Though I dread with Preet Bharara behind this case, the whole event will not only gain international notoriety but it would be a legal mess.

souro

Moderator

souro

Joined: 27 January 2007

Posts: 13885

Posted: 16 December 2013 at 10:30am | IP Logged
Simple solution for this. Bring up charges against US diplomats in India and arrest them. If you can't find a charge, make one up. Tit for tat.

The following 1 member(s) liked the above post:

DiehardYMfan

charminggenie

IF-Rockerz

charminggenie

Joined: 28 December 2007

Posts: 6719

Posted: 16 December 2013 at 10:38am | IP Logged
Originally posted by souro

Simple solution for this. Bring up charges against US diplomats in India and arrest them. If you can't find a charge, make one up. Tit for tat.

If the latest is to be believed then LS Speaker snubbed US diplomats, i thing the things are heating up. I am more surprised by the excessive aggression shown by Preet, I kind of like his honesty but the way he is getting involved in all this makes it too suspicious!

souro

Moderator

souro

Joined: 27 January 2007

Posts: 13885

Posted: 16 December 2013 at 10:54am | IP Logged
Originally posted by charminggenie

Originally posted by souro

Simple solution for this. Bring up charges against US diplomats in India and arrest them. If you can't find a charge, make one up. Tit for tat.

If the latest is to be believed then LS Speaker snubbed US diplomats, i thing the things are heating up. I am more surprised by the excessive aggression shown by Preet, I kind of like his honesty but the way he is getting involved in all this makes it too suspicious!


Sometimes people have a point to prove. It even might be driving home the point that their loyalty lies with US and not India. Who knows.

In any case, he might be a hero in US but doesn't mean anything in India. Give them a taste of their own medicine, US will be forced to ask Preet or whoever to go easy after that. They can't afford to ruin relation with India over one stupid maid.

The following 2 member(s) liked the above post:

charminggenieDiehardYMfan

charminggenie

IF-Rockerz

charminggenie

Joined: 28 December 2007

Posts: 6719

Posted: 16 December 2013 at 11:29am | IP Logged
If Preet is so openly involved then I doubt US govt will intervene , that guy is huge. Not saying he does something wrong, just that past few years he has led charge against Indian-centeric cases . 
I am just irritated by the way the whole case was handled, considering the maid is not on a valid visa , had a case against her in India and was absconding makes it more of  a personal vendetta. From what I gather the Indian diplomat is  very efficient and has had tough postings.

More than anything this has caused embarrassment to both sides. As the offense mentioned is practiced by many other countries, some also say the American labour laws do not apply to diplomats. Having a high profile NRI attorney take this case is very very strange and makes it even more fishy.


souro

Moderator

souro

Joined: 27 January 2007

Posts: 13885

Posted: 16 December 2013 at 11:51am | IP Logged
Originally posted by charminggenie

If Preet is so openly involved then I doubt US govt will intervene , that guy is huge. Not saying he does something wrong, just that past few years he has led charge against Indian-centeric cases . 
I am just irritated by the way the whole case was handled, considering the maid is not on a valid visa , had a case against her in India and was absconding makes it more of  a personal vendetta. From what I gather the Indian diplomat is  very efficient and has had tough postings.

More than anything this has caused embarrassment to both sides. As the offense mentioned is practiced by many other countries, some also say the American labour laws do not apply to diplomats. Having a high profile NRI attorney take this case is very very strange and makes it even more fishy.



US govt. will be forced to intervene. They can't afford to lose business over stupid squabbles. And India is a huge market for US products. For defence equipments, for civilian aircrafts, for consumer goods. Anything that can unnecessarily sour the relation and make way for another competitor will be avoided by US govt. Be it Preet Bharara or anyone else, if it even hints at affecting 'business as usual', US govt. will ask them to go easy for now. And after a few days when the media spotlight shifts, they will quietly dispose off the case.

The following 1 member(s) liked the above post:

charminggenie

Post Reply New Post

Go to top

Related Topics

  Topics Topic Starter Replies Views Last Post
employer ask facebook logininfo during interviews

2 3

slumgod. 23 1678 13 April 2012 at 9:44am
By Heart
is this a blackmail or protest?

2 3 4 5 6 7 8

monar 58 2685 07 September 2011 at 9:25pm
By monar
Employee leaving a job unethical ?

2 3 4 5 6 7

raj5000 55 6106 02 April 2009 at 2:33am
By ocramas
Consultant Vs Permanent Employee? raj5000 9 1660 29 August 2007 at 4:24pm
By raj5000
Are beauty pageants exploitation of women

2 3

anjali.nair 16 4618 02 July 2005 at 1:01pm
By _Anonymous_

Forum Quick Jump

Forum Category

Active Forums

Limit search to this Forum only.

 

Disclaimer: All Logos and Pictures of various Channels, Shows, Artistes, Media Houses, Companies, Brands etc. belong to their respective owners, and are used to merely visually identify the Channels, Shows, Companies, Brands, etc. to the viewer. Incase of any issue please contact the webmaster.