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Employment and Qualification Disclosure

A person applies for an unskilled job while concealing his real educational qualifications only to gain employment. He is engaged as an unskilled worker. After some time, he reveals that he is a graduate and insists that he should be paid according to his qualifications. Is the management bound to pay him as a graduate or an unskilled worker? Please discuss.

From India, Delhi
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As an advocate and a Labour Law Consultant, I would have thought that you would have given us your views. As a layperson, I think he is lucky to keep his job. He could be sacked for providing false information to secure a job.
From United Kingdom
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Ridhingra,

I think many of us have experienced being labeled as overqualified for certain jobs at times, which can feel a little odd. Perhaps the person was in need of a job and had to hide his certifications and degree to seek employment.

However, now he cannot claim this. As suggested by Nashbramhall, he may lose his job because he concealed the information. The company can decide whether or not to continue his services. But surely he cannot claim from the company that because he is a graduate, he should be paid more.

In certain places, they require uneducated skilled/unskilled laborers. For example, the Mumbai Dabbawallas do not hire graduates even if they are in deep debt. Similarly, Lijjat Papad, a trust, hires uneducated women who are skilled in making pickles and papad.

If I were to seek employment with them by hiding the fact that I am a graduate, I may get a job that offers me a basic pay. However, I cannot demand higher pay in the future by stating that I am a graduate.

Organizations clearly state whether they require graduates or not. The company has its own budget, and if they cannot afford to pay more, they should not accept the job, but they cannot demand higher pay.

I would like to share a personal example from my family. My father is a medical doctor. When he was young and had just graduated, my grandfather passed away. He tried to find a job but was unsuccessful. During one interview, the interviewer looked at his certificates, asked for tea, and over the tea, advised my dad to stop looking for a job because he was overqualified and no employer would want a doctor doing such petty jobs.

I hope this helps you make a better decision. Humbly inform the person that a pay raise cannot be afforded, especially since the job is meant for uneducated/unskilled individuals. Present your point in a humble yet firm manner.

Regards.

From India, Mumbai
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Very simple logic: Salary is paid for the job one does and not for the qualification. You can initiate disciplinary proceedings for the suppression of information in order to gain employment.

S. Karunakaran
Head - Human Resource
Autoneum

From India, Madras
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You have the law on your side to terminate the employee. Misrepresentation of information, whether through inflating or deflating the resume, is a violation of the Code of Conduct in every firm. However, I request you to consider this on humanitarian grounds and find a way to transition him out. Help him find a job for which he is qualified and support him during this period. He has performed well in his role at your firm. His need to lie may be attributed to his living conditions. Requesting a higher salary is a common occurrence.

While you cannot condone dishonesty among your employees, it is essential to address this issue without causing harm. Building trust will promote honesty among all your employees.

We are confident that you will assist him in finding a better career opportunity.

Wishing you all the best!

From India, Mumbai
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Query on Employment and Qualifications

A person applies for an unskilled job while concealing his real educational qualifications only to gain employment. He is engaged as an unskilled worker. After some time, he reveals that he is a graduate and insists that he should be paid according to his qualifications. Is the management bound to pay him as a graduate or an unskilled worker? Please discuss.

Response on Employee Classification

A skilled employee and an unskilled employee are defined based on skills, abilities, job knowledge, etc. Educational qualifications are not considered when categorizing as skilled or unskilled. Since he was hiding this information before joining the organization, as per company policy, we are required to inquire and take disciplinary action against him.

This is for your information.

Regards,
Rajesh.K
Human Resources.

From India, Kakinada
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Before initiating any action against the person, the primary question is 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 the job and not on qualification. Even if any incentive for acquiring a 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.

Regards.

From India, Mumbai
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Yes, I am in complete agreement with the views expressed by Premkumar. Unless it was specifically and explicitly stated that persons with higher qualifications need not apply for the job, you cannot subject the individual to any disciplinary action on the grounds 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 a hike in wages on account of his degree.
From India, Salem
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As a good HR practice, you can counsel him to help him understand that he was hired as an unskilled worker based on his willful application for the post. At the time of application and subsequent hiring, he agreed to the terms of appointment and the job profile. Also, since he hid his qualifications at that time, for whatever reasons, he cannot now claim higher pay based on his newly disclosed information. It is better to make him understand to continue in his present terms; failing which, he should gently be eased out. Even if he agrees and continues, he is definitely not a long-term human asset since he has proven that to meet his needs, he can resort to falsehoods, making him undependable and untrustworthy.
From India, Mumbai
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I fully agree with the views of Mr. Prem Kumar. Anybody can seek any type of work, whether voluntarily or under the compulsion of circumstances beyond one's control. Qualification serves as a base that indicates a person's capability to take on the likely work assigned to them. Demanding additional pay and perks subsequently can be accepted, but it should be the task of HR/Admin to first convince themselves and then accept or reject the demand accordingly.

I have an admin executive working with me who is highly qualified to perform the jobs of an engineer. He has declared his additional qualifications to the company, which have been accepted, and he is receiving certain additional benefits in salary. However, it is purely up to HR/Admin bosses to recommend his or her case based on the merits of the individual employee.

With warm wishes.

From India, Pune
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