nanowski vs his employees
DESCRIPTION
các Slide môn Law thuộc chương trình tiên tiến K49, NEUTRANSCRIPT
L O G O
NANOWSKI VS HIS EMPLOYEESPAYMENT ISSUE
Presented by:
Phùng Đức Huy
Nguyễn Quang Huy
Hoàng Hữu Huy
Trần Thị Huyên
CONTENT
Nanowski case1
Precedent2
Decision3
4
NANOWSKI CASE
Fact: Nanowski was responsible for day-to-day
operations. Some employees were not paid, then
eventually quited Nanowski was convicted of failure to pay
wages in violation of the state labor law
Claiman: Nanowski’s employees
Defendant: Nanowski
ISSUE
The statement from the law: “Whenever an employee voluntarily resigns, the employer shall pay the employees’ wages in full not later than the next regular pay day”
Nanowski argued that criminal law requires a “guilty mind” and he never intended to fail to pay his employees
What should we decide
DECISIONAGREE DISAGREE
PRECEDENT
Fact: In May 2000, BARRIE WILSON hired 129
individuals and agreed to pay them $ 15 per hour for their training and working
The employees were trained for two weeks, but did not receive the first checks
Barrie Wilson never paid them the wages as he agreed on the contract, and finally the employees filed the claims with the department of labor
ISSUE
The defendant claimed that the court has to prove that he was at least criminally intended to not pay wages for his employees
Did the court agree?No!
Rejected the argument that the intent is not the element of the General Statues § 31-71a
Claimed that failure to pay wages is a strict liability crime. ‘‘The statute is one of strict criminal liability designed to eradicate the evil of nonpayment of wages even though those without an evil purpose might end up ensnared in its net.”
The defendant continued to argue
If the intent of criminal negligence is not an essential element of the crime of failure to pay wages, then the statute is unconstitutionally vague
3 essentials of crime
Prior Statutory ProhibitionProof beyond a reasonable doubtThe defendant’s Capacity
The criminal intent to commit a crime
What did the court respond?
Disagree The constitutionality of the failure to pay wages
statute was upheld from the case of State v. Merdinger, supra, 37 Conn. App. 382
This public welfare offense properly does not require a criminal intent (mens rea) and imposes strict criminal liability
Therefore, the statue of the crime of failure to pay wages is constitutional
The court’s verdictThe defendant failed to defense
the case.
Back to Nanowski caseSimilarity:
Both of the defendants tried to argue that they did not have the “guilty mind” to not pay wages for their employees
Moreover, the criminal intent is an essential element of the crime
Decision
According to the previous case:
Nanowski had made a strict liability crime. The statement from the law: “Whenever an
employee voluntarily resigns, the employer shall pay the employees’ wages in full not later than the next regular pay day”
Nanowski should be convicted of failure to pay wages for his employees in violation of the state labor law
Implication in Vietnam Employer who does not establish payroll and cut labor’s
salary without the discussion with the trade union will be punished from 100,000 to 500,000 VND.
Employer who does not pay salary sufficiently, and timely, does not compensate for late payment will be punished from 1 to 5 million VND.
Employers who cuts labors’ salary without informing the labors, or pays below the minimum salary level in the case of stopping labors’ job not for the fault of labors will be punished from 500,000 to 10 millions
Implication in Vietnam
Added case for the implication in Vietnam
WORKERS SUITING THEIR MANAGER IN HAI VINH LIMITED LIABILITY COMPANY
Fact: Hai Vinh company locates in Thu Duc district,
HCM city and specializes in making shoes
During March, some employees were laid off.
On March 26th, Mr Hoang Minh Hai signed in the announcement claiming that he would pay the severance allowance fees for these employees on May 15th
WORKERS SUITING THEIR MANAGER IN HAI VINH LIMITED LIABILITY COMPANY
Fact: However, on May 15th, the company did not pay
for the employees the severance allowance fees as promised and extended the payment deadline to May 30th
On May 19th, with the support of the Labor Union of Thu Duc district, these workers submitted a claim against Mr Hoang Minh Hai, manager of Hai Vinh company for not paying them the severance allowance fees
ISSUE
The defendant reasoned that the company was trying to accomplish the cash borrowing process from banks so that it was incapable of paying for the workers on May 15th
SUGGESTED DECISION FROM OUR GROUP
Based on the evidence provided, the company had sold almost of its assets before May 15th , which gave the company enough cash to pay for the workers
Therefore, the company should be accused of criminal liability for intending not to pay the severance allowance fees for the workers
L O G O