Re:query regarding work done or doing in their articleship

This query is : Resolved

S Sharma (Querist)
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31 March 2015 Dear Sir/Ma'am,
I have a query regarding the hardwork done by articles on their articleship time
the query as follows :

1. As per the Guidelines an article is to work approx 38 hrs in a week
if he works approx 52 hrs(9.30AM - 6.00PM * 6 DAYS)can he claim the excess hrs - if YES in which form whether leave or in cash.

2.The Great action done by ICAI of increasing stipend
is this stipend is for 35 hrs , then the excess hours worked can be claimed on the bases of this.

3. The leave allowed to an article is 1/6 of article period served, is this alowed leave is paid leave.

4.If an article is not avail any leave during 2.5 years , can he claim the allowed leave provide by ICAI - if yes then how, what is to be done.

5.If a principle deducting payout as stipend on the basis of late coming to office i.e at 9.45AM (office working start at 9.30AM) , can he do so , because as per ICAI the working can not be start after 11.00AM , what to do

at the completion of articleship the leave calculated on the basis of stipend in hand
in which already deduction is their for late coming , what remedy available .

Hoping the all my queries will resolve as soon as possible .

Thanks in advance .

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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01 April 2015 1. that depedns on firms internal policy

2. no

3. no

4.he can claim in last 6 months

5.if that is firms policy u cant fight and even icai cant do anything

S Sharma

S Sharma (Querist)
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01 April 2015 Tushar ji,
If ICAI set some limits for working hours .... on the other hand by mentioning the same that ... This is a matter of principle and article ....

Then why this guidelines were set out if it is no use of any article ,if all is decided by the principle...

Hoping you understand,
In my situation , even many of my friends.... Their Is no fix guideline paper of firm ....

These changed according to principle.. He feel good he changed

Suppose , in morning i come late i.e 9.45 and office timing is 9.30 , the principle make a rule that , for that day mark it as a leave ........

Is their any provision or set rule ,if late by 15 minute , mark it as a leave....????

This is only a little example , we tolerate many of them ...even a great word by principle, if you take leave ,I will extend your articleship

what can I (on behalf of all my article friends) can do in this , is their any solution ..... ??

Hoping for a beneficial reply........

S Sharma

S Sharma (Querist)
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02 April 2015 Hoping for a beneficial reply........
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Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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20 July 2025 Hey! Your concerns about articleship working hours, leave, stipend, and related issues are quite common, and it’s important to clarify these points so you know your rights and obligations. Here's a detailed response based on ICAI guidelines and practical aspects:

1. Working Hours & Excess Hours Claim
ICAI Guideline: Approx. 38 hours/week is the suggested norm for articleship.
If you work more than 38 hours (like 52 hours), there is no official provision to claim extra stipend or compensatory leave for excess hours worked. The stipend is fixed for the period, not based on hours worked.
The articleship is a training period, so extra hours are often part of learning, but no cash or leave is granted for excess hours.
2. Stipend & Hours Basis
Stipend fixed by ICAI or your principal is for the training period, not hourly wages.
You cannot claim additional payment for extra hours based on the stipend amount.
3. Leave Allowed During Articleship
Leave allowed is 1/6th of the total articleship period, as per ICAI rules.
This leave is generally unpaid leave but the articleship period can be extended for the leave taken, so effectively, you complete your required training days.
Some principals may choose to pay stipend during leave, but it’s not mandatory.
4. Unavailed Leave & Claims
If you did not take any leave, you cannot claim paid leave or stipend for those leaves.
The leave allowed is a benefit to take break if needed, not an accumulative paid leave.
You may complete the articleship period earlier if you took no leave, or can extend to compensate for leave taken.
5. Deduction for Late Coming
Office timing starts as per firm’s internal rules, often 9:30 AM or 10:00 AM.
ICAI guideline says articles should not start work after 11 AM, but punctuality rules are usually set by the principal.
Deducting stipend or marking leave for 15 mins late coming is a firm’s discretion, not regulated by ICAI specifically.
You can discuss or request reasonable flexibility but it’s at principal’s discretion. There is no official ICAI rule preventing such deductions.
6. Remedies & Suggestions
If you feel the principal is being unfair (e.g. marking leaves for minor late coming, threatening to extend articleship for taking leave), you can:
Raise the matter politely with the principal.
Approach the ICAI Regional Office for grievance redressal. ICAI encourages fair treatment.
Discuss with other articles to raise collective concerns.
If very serious, file a complaint with ICAI's disciplinary committee.
Summary
Articleship is a training, not a job with hourly wages.
Leave is allowed but unpaid; excess hours do not attract extra stipend or leave.
Principals have discretion on internal discipline rules, but cannot arbitrarily penalize without proper reasoning.
ICAI can be approached if unfair treatment persists.

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