Articleship working hours & leave credit

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 October 2012 Hello, i have clared my IPCC both groups and currently doing my articleship in a propritorship.

My working hours are 10-6 with a lunch break of 40 min. I work for 6 days a week. Same timings are mentioned in my articleship registration form. As per my knolwdege, institute's rule is that, an article should not work beyond 35 hours a week in normal circumstances. However i am working alomst 42-45 hours a week.

Also for any leave i take, it is deducted from my stipend.

Am i eligible for extra leave? Does the Principal have right to deduct it from my stipend?

Also if i take the credited leave now, will i be eligible for leave during my bcom and final exam?

Please, guide me about workings hours and leaves i can take.

Thank you.

Eagerly waiting for reply.

Ajay Mishra

Ajay Mishra (Expert)
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19 October 2012 Hi

LEAVE/WORKING HOURS FOR ARTICLED ASSISTANTS

A trainee earns leave at the rate of one–sixth of the period actually served by him. An articled assistant shall work 35 hours per week. The articled assistant should undergo practical training in accordance with the guidelines of the Institute between 11.00 a.m. and 5.00 p.m. During the period, the articled assistant shall not be permitted to attend colleges/other institutions for graduation or any other course. Every articled/audit assistant shall submit, once in a year, a specific declaration duly countersigned by the Principal to the effect that he is regularly attending training and his college hours do not clash with his articles timings and that no coaching is undertaken by him between 11.00 a.m. and 5.00 p.m. on any working day.
The office hours of the principal for the articled assistants shall not be generally before 9.00 a.m. or after 7.00 p.m.
The normal working hours for the articled assistants shall not start after 11.00 a.m. or end before 5.00 p.m.
If the exigencies or nature of training so warrants, the articled assistant shall work beyond the normal office hours. However, the maximum working hours for the articled assistant should not exceed normally 35 hours in a week excluding the lunch break and in any case or circumstances should not exceed 45 hours per week. In case the articled assistant is required to work beyond 35 hours per week, he is entitled to compensatory leave calculated with reference to the number of completed hours worked over and above 35 hours per week. The principal shall ensure long working hours are not imposed on the article assistants on a regular basis and only in case of exceptional circumstances where time bound work is to be delivered the articled assistants may be required to work longer hours which will still be subject to a maximum of 45 hours per week. The principal shall be free to allow compensatory leave or off hours in lieu of extra working beyond 35 hours.

Querist : Anonymous

Querist : Anonymous (Querist)

19 October 2012 Thank you.. Bt my principle denies that i'm eligible for leaves for working beyond 35 hours. He says at the end of articleship institute will count evrythng as per rule and then they wil decide whether i'v extension/i'v worked in excess n if so den dey wil pay me for it.. Is it true?

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