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

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. Edited by peridot. - 10 years ago

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.

This content was 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.

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.

This content was 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.

This content was originally posted by: charminggenie

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.

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 . 

This content was 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.

This content was 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.

An outrageous solution, if ever. Is that how you (would like to) operate? Slap fake charges on members you don't like and raise their warning levels? If not, why are you advocating your countrymen to flout the law so brazenly?

This content was originally posted by: souro

They can't afford to ruin relation with India over one stupid maid.

How did you conclude that the maid is "stupid"?! Because she's a lowly paid worker?!

This content was originally posted by: K.Universe.

An outrageous solution, if ever. Is that how you (would like to) operate? Slap fake charges on members you don't like and raise their warning levels? If not, why are you advocating your countrymen to flout the law so brazenly?




How did you conclude that the maid is "stupid"?! Because she's a lowly paid worker?!

Country is not IF. And I don't believe in being too scrupulous when it comes to dealing with other nations. It's far more important to deal on equal terms.

And no, I'm not calling the maid stupid because she is a lowly paid worker. She might be the CEO of All Indian Maids Association and a member of mensa for all I care. The premise would still remain the same. No govt. will want to jeopardise relation with a big trade partner over a single person and that too for an inconsequential incident.