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who pay their workers at or near US labor rates are free from this risk, however of 194 countries, most nations are below US-mandated hours and wage standards, and to this later group's diplomatic corps - they remain at high risk to be in the cross-hairs of illegality and reputation-suicide," Batra said.
An 11-page criminal complaint unsealed in Manhattan federal court alleged Khobragade had made false statements about the salary and employment terms of the domestic help she had got from India. The complaint did not name Richard.
Diplomats and consular officers can get domestic workers, personal employees and servants on A-3 visas. The diplomats have to submit proof that the helper will receive a fair wage, sufficient to support himself financially, comparable to that being offered in the area of employment in the US.
The complaint alleged that Khobragade prepared and electronically submitted an application for an A-3 visa for the Indian national who was to be her personal employee beginning in November 2012 in New York.
The visa application stated that the domestic help would to be paid USD 4,500 per month. Khobragade and the domestic help also signed an employment contract which stated that she would pay her the prevailing or minimum wage, whichever is greater, resulting in an hourly salary of USD 9.75.
The complaint said that Khobragade knew that the employment contract that she caused her domestic help to submit to the US State Department contained "materially false and fraudulent statements about hourly wage and hours worked."
Prior to the signing of the contract, it was agreed between Khobragade and her domestic worker that she would pay 30,000 rupees per month. At 40 hours per week, it was equivalent to USD 573.07 monthly or USD 3.31 per hour.
However, Khobragade instructed the help to say that she would be paid USD 9.75 per hour, and not to say anything about being paid 30,000 rupees per month. Khobragade also instructed the help to say that she would work 40 hours per week.
After the employment contract was submitted to the US Department of State, Khobragade allegedly told her domestic help that she needed to sign another employment contract which provided that the domestic help's maximum salary per month including overtime allowance will not exceed 30,000 rupees per month. The second employment contract did not contain any provision about the normal number of working hours per week.
The domestic help worked for Khobragade