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【案例】阎某在某合资企业已连续工作达11年。上个月,阎某向单位提交了辞职申请,单位表示同意。在办理离职手续时,阎某发现单位没有向他支付年休假工资,遂主张补付,但被单位拒绝。单位拒绝的理由是:阎某是主动提出辞职的,且单位从未限制其休假。加之,他本人从未提出过休假申请,故应算是主动放弃休假,所以单位没有支付年休假工资的义务。
[Case] Yan Mou in a joint venture has been working continuously for 11 years. Last month, Yanmou submitted his resignation application to the unit, and the unit agreed. When handling the resignation formalities, Yanmou found that the unit did not pay him the annual leave pay, then advocated the payment, but was rejected by the unit. The reason for the refusal was: Yan Mou took the initiative to submit his resignation, and the unit never restricted its vacation. In addition, he has never made a leave application, so it should take the initiative to give up the leave, so the unit does not pay the annual leave pay obligations.