Articleship leave allowed and disallowed

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

06 March 2014 I have started my training on 1st Apr 2011 and going to finish it on 31st Mar 2014.
But for my final exam (provisional attempt on NOV 2013), I have taken a leave for 45 days including sundays and festival holidays during Oct and Nov 2013. If I deduct the sundays and holidays my leave roughly comes to 30-35 days.

For this my employer had deducted the stipend for these 45 days. Moreover what if he asks me to work for 45 more days after 31st march. Do I have to work for 45 days more, or these leaves are allowed as these does not constitute an excess leave.

Working (as per me) is shown here:-
No of leaves allowed=
1/6th of (1095-45)=175 days

So I can avail 175 days leave. But I have availed only 30-35 days.

Am I correct or I have to work for these 45 days and whether stipend deducted is correct.

Please help.

Thanks to all.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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06 March 2014 you dont have to work for a single extra day as long as you have not taken any extra leave. stipend deducted too is wrong as such. kindly sign form 108 (ie is compulsory on 31 March 2014). if the principal refuses, kindly submit form 119 to your principal with a copy of the same marked to ICAI.

if the principal doesnt issue Form 108 by 15 April 2014, it shall be deemed that details presented in 119 are correct and Form 108 shall be deemed to be issued.

please refer http://220.227.161.86/7524form_119_service_cert.pdf

Querist : Anonymous

Querist : Anonymous (Querist)

06 March 2014 So I had to submit the form 119 to my employer and he has to issue the form 109/service completion details to me and if he does not do so who will provide me the articleship completion letter.

and what about the stipend details which I have to provide. But Rs. 1875 has been deducted.

To which address to the ICAI i need to send form 119.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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06 March 2014 he has to issue 108. if he doesn't icai will presume that it has been issued on the basis of details provided in form 119. Form 119 is to be submitted to articles section of the regional center of ICAI

for stipend, my suggestion is let it go. if you principal is a cheapo, then let him be so...

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

06 March 2014 Thanks sir,

But i searched on the icai site but did not find any notification or clarification in this regard. Can you please send me the link to download the notification/clarification in this regard. Because he may demand the circular for clarification.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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06 March 2014 I already gave you the link of the form. If you go through it you would get all the answers.

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