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Lilly (Student CA Final ) (25 Points)

03 August 2013

Im a CA final student, and have completed one and a half year of my articleship. I have worked from 10am in the morning to 7pm many at times till 8pm six days a week without any com-off or setoff of extra hours, with a regular stipend of rs.3500. My principle disapproves me of attending my CA final coaching classes which leaves by 10am , due to which i reach by 10:30am. He also marks an absent for evry saturday since i have classes upto 1pm. He has warned me not to go to class or else he will write a letter to the institue complaining about me. On what grounds can he do that? Do i have any rights here? Should i write to the institute too? I cannot compromise on ma studies just for the sake of my articleship. Please advice me

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3 Replies

Ajay Mishra (Company Secretary) (74332 Points)
Replied 03 August 2013

For this, Institute has provided working hour provisions under Training Guide.

WORKING HOURS

Regulation 51 talking about Industrial Training such regulation not specified working hour of trainee doing industrial training. Regulation 60 deal with working hour of an article assistant which says that the minimum working hours of an articled assistant shall be 35 hours per week (excluding lunch break) which shall be regulated by the Principal from time to time, subject to such directions and guidelines, as may be issued by the Council. In details about working hour is here under:

i. The working hours for the articled assistants shall be 35 hours in a week, excluding the lunch break.

ii. The office hours of the Principal for providing articled training to the articled assistants shall not generally be before 9.00 A.M. or after 7.00 P.M.

iii. The normal working hours for the articled assistants shall not start after 11.00 A.M. or end before 5.00 P.M.

iv. The working hours for the articled assistants should not exceed 35 hours in a week excluding the lunch break and normally an articled assistant be required to work during the normal working hours fixed for articled assistants.

v. In case of the exigencies of work, an articled assistant may be required to work beyond his/her normal working hours. However, under such circumstances, the aggregate number of working hours shall not exceed 45 hours per week. The requirement to work beyond 35 hours in a week should not be a practice but only in exceptional circumstances. Further, where the articled assistant is required to work beyond normal working hours, and aggregate of such hours exceed 35 hours per week, he/she shall be entitled to compensatory leave calculated with reference to number of completed working hours, over and above, 35 hours per week.

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Lilly (Student CA Final ) (25 Points)
Replied 03 August 2013

i am well aware of the 35hr and 45hr limit. But my principals arguement is that he pays us more than the institute guidelines. And also that according to him we do not do give him productive working hours even though we work for 9hrs a day daily Can he write or complain to the institue on dat basis. Again i ask what should i do, will my writting to the institue do me any good?

CA Srikanth Yadav (Chartered Accountant) (3162 Points)
Replied 03 August 2013

Originally posted by : Lilly
	i am well aware of the 35hr and 45hr limit. But my principals arguement is that he pays us more than the institute guidelines. And also that according to him we do not do give him productive working hours even though we work for 9hrs a day daily Can he write or complain to the institue on dat basis. Again i ask what should i do, will my writting to the institue do me any good?

The stipend stipulated by the Institute is the minimum that he has to pay. But whereas the working hours are concerned, it is the maximum limit. Just because you pay more than the minimum amount, doesn't mean that you can make the articles work beyond the maximum limit of 35 hours. Anyways this is the case with almost every Article in the country. No one actually follows any rules.

Coming to your question, he can complaint about the articles if they're irresponsible, careless and grossly negligent in discharging their duties. Anyways I don't think he would do that. Take care :)

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