Articleship

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Sanjay G (Querist)
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12 December 2012 Did the overtime hours in article period is get counted ?

If not, then what are ways to getting counted in article period. (What are the CA regulations are talking about in this matter)

Ajay Mishra

Ajay Mishra (Expert)
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12 December 2012 Hi

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.

Sanjay G

Sanjay G (Querist)
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13 December 2012 Thank You,

But is it compulsory to take compensatory leave or optional (point of view of student)

If employer does not give the compensatory leaves.

Can compensatory leave compensate against study leave.

Ajay Mishra

Ajay Mishra (Expert)
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13 December 2012 Hi

You can claim such leave and if the principal is not given then you can convince him and take advantage of such Regulation.

Sanjay G

Sanjay G (Querist)
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14 December 2012 Hello...

what are the general principles to claim out of pocket expenses met by a article student at work/client place, if principal is not accepting the expenses.

My principal is not keen about CA regulations & he is not giving Termination also. I joined the firm in Aug.2012.

what should I do, can I give complain to ICAI.

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