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 as a household employee from November 2012 through June 2013.
The complaint said that regardless of the terms of the first employment contract, she worked far more than 40 hours per week and was paid less than USD 9.75 per hour by Khobragade.
Suneeta Dewan, an attorney present at the hearing, said Khorbragade had employed the domestic help in her personal capacity and not diplomatic capacity. This is why the reason of diplomatic immunity may not apply in the case.
Dewan, a friend of Khorbragade who was among the first people she had called following the arrest, said it was “very unfortunate” that khorbragade was arrested. “She is a very fine person, accomplished and hardworking.”
