Umakanthan53
Labour Law & Hr Consultant
Cite Contribution
Community Manager
Nashbramhall
Learning & Teaching Fellow (retired)
Shah01ankita
Talent Acquisition / Consultant - Catalis
Premkumar Nair
Manager (hr)-retired
Rajesh_kantubhukta
Human Resources
Karuna600012
Head Human Resource Of Autoneum Group In
+3 Others

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A person applies for an unskilled job.While conceals his real educational qualification only to gain employment.He is engaged as unskilled worker. After some time he says he is a graduate, he should be paid as per his qualification. Is the management bound to pay him as graduate or un-skliied worker ? Please discuss.
As an advocate and a Labour Law Consultant, I would have thought that you would have given us your views. As a lay person, I think he is lucky to keep his job. He could be sacked for false information provided to secure a job.
Ridhingra,

I think many of us have experienced that we are labelled over-qualified for certain jobs at times and we feel little odd.

Perhaps the person was in need of job and so he had to hide his certifications and degree to seek job.

However, now he cannot claim this. As suggested by Nashbramhall, he may lose his job because he concealed the information.

The company can take a call on if or not to continue the services. But surely he cannot claim on the company that since he's a graduate he ought to be paid out more....

If you see certain places, they need uneducated skilled/un-skilled labors....

Like Mumbai Dabbawallas - they will not hire graduates even if you're in throat deep debt...

Lijjat papad - the trust hires uneducated women who are skilled in making pickles and papad...

Now if I go to them and seek employment by hiding the fact that I am graduate, I may get a job that gives me a basic pay.

But tomorrow I can't go and tell them, I am graduate and go pay me as per industrial standard...

The organization makes it clear on the part if or not they need graduates.... The company has it's own budget, if we can't afford, we should not accept, but we can't demand...

I would love to share a personal example from family....

My father is a medical doctor... While he was very young and just graduated as a Dr., my grandfather expired. He thought of taking up a job so that he can have a stable income. He ran from pillar to post and got no job.

One place when he went for interview, the uncle looked at his certificates, asked the peon to get a tea for him, and over the tea the interviewer advised my dad to stop looking for job because - he was over qualified for the job and no employer would really like a Dr. doing such petty jobs....

Hope this helps you in taking better decision....

Humbly tell the person you can't afford a hike. more so the job is meant for uneducated / unskilled people... And put forth your point in an humble yet strong way....

Very simple logic. Salary is paid for the job one does and not for the qualification. You can initiate disciplinary proceedings for suppression of information in order to gain employment.
S. Karunakaran
Head - Human Resource
Autoneum

Dear Rldhingra,
You have law by your side to terminate the employee. Misrepresentation of information, be it through inflating or even deflating the resume is a non-adherence to the Code-of-Conduct , in every firm.
However, request you to consider this on humanity grounds and out-place him. Find him a job which he is qualified for and help him through the transition.
He had delivered at his role in your firm. Its his living conditions, why he had to lie. Asking for an higher salary is a precedent.
Yes, you cannot let your employees lie to you, so address the point , without drawing any blood.
Establishing trust will instill honesty in your employees.
We are certain you will find him a better career.
Wish you all the best !

Dear Ridhingra,
Q). A person applies for an unskilled job.While conceals his real educational qualification only to gain employment.He is engaged as unskilled worker. After some time he says he is a graduate, he should be paid as per his qualification. Is the management bound to pay him as graduate or un-skliied worker ? Please discuss
Ans). skilled employee and unskilled employee defines as per skills, abilities, job knowledge etc., Educaiton qualifications is not considered under skilled or un skilled. and he was hiding the information before he joined in the organisaiton so as per company policy we have to ask and take disciplinary action against him.
this is for your information.
Regards,
Rajesh.K
Human Resources.

Dear seniors,
Before initiating any action against the person, the primary question is as to whether there was any condition that persons qualified below graduation can only apply. If that is the case, the person is liable to disciplinary action for suppressing information. Otherwise, there is no reason to take action against him except refusing to accept his demand for higher pay as pay is based on job and not on qualification. Even if any incentive for acquiring higher qualification is payable, he is not eligible as the higher qualification should be post- employment. Hence, I disagree with the suggestion of sacking or disciplinary action summarily. Hope, my seniors will agree with me.
Rgds.

YES: I am in complete agreement with the views expressed by Premkumar. Unless it was specifically and explicitly stated that persons with higher qualification need not apply for the job, you can not subject the individual to any disciplinary action on the score of suppression of fact.Wage or salary is solely determined by the nature of the work.Dhingra has not mentioned what type of degree the individual holds. Anyway an unskilled job is not going to be performed more effectively by a person having a degree.So, just turn down his demand for hike in wages on a/c of his degree.
As a good HR practice you can counsel him to make him understand that he was hired as unskilled workperson based on his wilful application for the post. At the time of application and subsequent hiring he agreed with terms of appointment and job profile. Also, having hidden his qualifications at that time, for whatever reasons, he cannot now claim higher pay based on his new found disclosure. It is better to make him understand to continue in present terms failing which he should gently be eased out. Even if he agrees and continues he is definitely not long term human asset since he has proved that to meet his needs he can resort to falsehood which makes him undependable and untrustworthy.
I wonder where Dinghra has gone after raising the question!!

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