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Industrial Training Termination

anisha (none) (107 Points)

12 July 2013

Hello,

I want to know whether we can terminate the industrial training contract between the student and the company. If yes, then on what grounds, what would be the way forward for the remaining articleship period which is yet to be completed, can it be taken under an another CA, or another Company?

I have posted this query on e-sahaayataa on icai website, but with no response. I am in urgent need of the answer.

Awaiting a quick response.

Thanks,

Anisha

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19 Replies

Saurabh Maheshwari (B.com,ACA) (5923 Points)
Replied 12 July 2013

Hello Anisha, contact your regional office....there are certain person delegated to solve students queries in relation to industrial training...

1 Like

Ankit (Articled Clerk CA FINAL CFA Level1) (30 Points)
Replied 12 July 2013

Well as such there is no provision as far as i think but you must contact with the regional centre and if your grounds found to be genuine and true, they might consider you.

1 Like

anisha (none) (107 Points)
Replied 12 July 2013

Thanx for ur replies.

Actually the company is not allowing me any leaves for my november attempt. They would allow leaves for the exam days only. I do not know what is the standard norm followed in the industrial training. They say if u want leaves they would terminate the whole of contract. Would not entitling leaves for exam be a valid reason for terminating the contract. I have to reply back on monday itself. I called at the institute, but nobody answered the call.

Please help.

Rajat Poddar (Qualified CS and CA Finalist) (3355 Points)
Replied 12 July 2013

In my opinion ... tell them your actual problem and the nuber of leaves u are entitled too.. in case they dont agree .. resign from the office your self.. and let them terminate the contract as it won't do any harm to u...i dont know abt the exact proceedure but according to me u will be required to submit a resignation letter with form 109 and take certificate from them in form 105 for the period of articleship completed...

Ankit (Articled Clerk CA FINAL CFA Level1) (30 Points)
Replied 12 July 2013

Heya Anisha!!

As per industry norms, they won't allow that much of leaves as firms do!!

Genuinely speaking, you don't have any options except to serve them as per their choice. Though Institute won't be able to help in your case as Councillor always says "Mutual understanding required in case of any dispute".

So try and speak with them in an another way, if they agree!!

Rajat Poddar (Qualified CS and CA Finalist) (3355 Points)
Replied 12 July 2013

here is the link from where u can download all necessary forms which u require..

https://www.icai.org/new_post.html?post_id=721&c_id=120

anisha (none) (107 Points)
Replied 12 July 2013

Originally posted by : Rajat Poddar
	In my opinion ... tell them your actual problem and the nuber of leaves u are entitled too.. in case they dont agree .. resign from the office your self.. and let them terminate the contract as it won't do any harm to u...i dont know abt the exact proceedure but according to me u will be required to submit a resignation letter with form 109 and take certificate from them in form 105 for the period of articleship completed...

But if i do so, wt would be done for the remaining period of articleship which is yet to be completed. Would i be able to join any other firm?

Rajat Poddar (Qualified CS and CA Finalist) (3355 Points)
Replied 12 July 2013

y not.. u have a valid reason for leaving ds firm.. in my opinion give ur exams and than join some other company.. whts the problem in that..

anisha (none) (107 Points)
Replied 12 July 2013

Originally posted by : Ankit
	Heya Anisha!! As per industry norms, they won't allow that much of leaves as firms do!! Genuinely speaking, you don't have any options except to serve them as per their choice. Though Institute won't be able to help in your case as Councillor always says "Mutual understanding required in case of any dispute". So try and speak with them in an another way, if they agree!! Tc

Even i think so, dat i would have to serve here for the remainig period. I had a word with the HR, but she is very adamant for not allowing any leaves, she said that the employees are not allowed so many leaves, so how can we allow u, since u r not even an employee but a contractor, n dat u shldnt hv joined in the first place, if u wanted so many leaves. I had evn asked for sum leaves, but dat too wasnt alllowed. N suppose if i terminate the contract and the institute later on does not agree with my side, then i would be left with no where to go.

anisha (none) (107 Points)
Replied 12 July 2013

Originally posted by : Rajat Poddar
	y not.. u have a valid reason for leaving ds firm.. in my opinion give ur exams and than join some other company.. whts the problem in that..

Rajat, if i leave this company, then i would not b able to sit for the exams also, coz i would hv to end the contract by this month itself, i.e. by monday. N for nov exams i wldnt have completed 2.5 years of my articleship. If i get a confirmation from the institute that i can register some where else, then only would i terminate it. Else it would land me in big trouble both with the company n my career as well.

Rajat Poddar (Qualified CS and CA Finalist) (3355 Points)
Replied 12 July 2013

Industrial training is for only one year.. and its provided after complition of articleship of two years.. right.. so have u not completed six months in ths company???

u can definately register some whr alse.. y u need a confirmation.. and if u really need a confirmation call the institute.. and just ask them can u join somewhr else.. they will give u same ans which i gave u.. so do one thing start searchin for new company and as soon as u find one leave ds one .. or try completing 2.5 yrs of articleship and thn leave the company ...

anisha (none) (107 Points)
Replied 12 July 2013

Rajat, i have not yet completed my 6 months here. But even if i join sum other company for training the same problem would arise. One of my friend is working as an industrial trainee in IOC, n he also has this same issue. They dont allow u leaves more than 10 days or max 15 days.

Rajat Poddar (Qualified CS and CA Finalist) (3355 Points)
Replied 12 July 2013

i know that.. i am also working in a company only difference is i m termed as Management trainee.. u toking abt leaves i was just granted leave on the day of exam ... but still thr are many companies which consider and grant u leaves.. u just need to find thm..