29 January 2014
Dear All, I am going under articleship training and serving the last month of the same. However my principal is allotting more work to me which can not be completed within one month. He had given condition that he will be signing the completion form only after completing the work allotted which will take time till april end. I am having my final attempt in may 2014 for which I required time for preparation. I want to know that can principal compel me to complete the work even after completion of articleship. Further what should I do if he is not ready to sign the form. this is affecting on my studies very adversely, please help me in this regard.
09 August 2024
It can be challenging to balance the demands of articleship with preparation for your CA final exams. Here's how you can address the issues you're facing:
### 1. **Principal’s Obligations**
- **Completion of Articleship:** According to the regulations of the Institute of Chartered Accountants of India (ICAI), once the articleship period is complete, you are generally considered to have completed your mandatory training. Your principal cannot compel you to continue working beyond the period of articleship, although you might still need to fulfill any pending work or responsibilities as per your agreement.
- **Signing the Completion Form:** Your principal is required to sign the Form 108 (Completion of Articleship) once you have completed your articleship tenure. ICAI does not mandate that all work must be completed before signing this form, but your principal might have specific conditions or expectations based on your employment agreement.
### 2. **Steps to Take**
**1. Communication:** - **Discuss the Situation:** Have a clear and professional conversation with your principal about your concerns. Explain the importance of your upcoming exams and request that they sign the Form 108 based on the completion of your articleship period. - **Document Everything:** Keep written records of all communications with your principal regarding the completion of your articleship and any additional work expectations.
**2. **Written Request:** - **Formal Request:** Submit a formal written request to your principal for signing the Form 108. Explain your situation, emphasizing that you need to focus on your exams and complete the articleship paperwork.
**3. **Alternative Resolution:** - **Request for Temporary Relief:** If feasible, request temporary relief from additional tasks to focus on your exams, while ensuring that you commit to completing pending work as soon as your exams are over.
**4. **ICAI Involvement:** - **Reach Out to ICAI:** If your principal refuses to sign the Form 108 or you cannot resolve the issue amicably, contact the regional office of ICAI. Explain your situation and seek their guidance or intervention. ICAI can provide support in resolving disputes related to articleship completion.
**5. **Prepare for Exams:** - **Time Management:** While handling this issue, manage your study time efficiently. Allocate specific hours each day for studying and stick to a study plan.
### 3. **Legal and Practical Considerations**
- **Contractual Obligations:** Review your articleship agreement or any formal contract you signed with your principal. It should outline your responsibilities and conditions related to the completion of your training.
- **Compliance with ICAI Regulations:** Ensure that you comply with ICAI regulations regarding the articleship completion and documentation.
- **Documented Proof:** If your principal does not fulfill their obligation, ensure that you have documented proof of your communication and attempts to resolve the matter.
### Conclusion
Your principal cannot legally compel you to work beyond your articleship period, although they may have their expectations. The best approach is to communicate clearly, document your interactions, and involve ICAI if necessary. Balancing the end of your articleship with preparation for your exams is crucial, so seek a resolution that allows you to focus on your studies while fulfilling any remaining work commitments.
If you face resistance or complications, ICAI's regional office can be a valuable resource for resolving such issues.
CAclubindia
