Know your rights - ARTICLED ASSISTANTS

Thanks for the info

In practicality it doesn't get apply. articles work 50-60 hrs per week

Yes Sushil is right...............

By this calculation our articles will get finish within 2 years

tanks

he he suhas u are right

well these regulations are issued after transfer restriction regulations

so it shows institute do care of us

and as per these we can claim xtra leave from our principal for xtra hours workd

he ravi u said tht we can claim xtra leave frm our principal agst extra working hours but,

why they gave us extra leave?

becoz ca inst. not restricted there members for tht!

sorry i did not understand u ???

i just want to let u knw that recently a regulation has come out on the study of icai officials on article's problem

and it says max hours are 45 and minimum are 35

and if anybody works more than 45 hours

he can claim xtra leave on the basis of calculation hours workd more than 45 hours

these leave will be more than 1/6th leaves ( which institute allows)

but it depends on your ca

and when the ca has to report to ICAI about the leaves taken ( in form 109 or other forms)

he will write leave taken as = total leave taken- leave taken for excess hours worked

This rule is simply in the paper and not in practice...Many CAs are not adhering to it.They follow institutes rules whereever it is beneficial to them only and not for articled trainees...its time icai should check that the the above said rights of articled assistants are put strictly into practice by practising CAs.

Hi Ravi, these rules came into effect last year itself but i dont see a single firm following this. Their working hours still continue to be from 9.30 AM to time till the principal or the audit manager feels that it is enough i.e strechable into late hours sometimes

well these are just came out srivatsan

earlier there were no provisions like this

u can read as below:

Dear Sir(s)/Madam,
 
For your informtion I am sending this mail which received from ICAI related to articles training. I hope this will be usefull for you. You may call me for any clarification.
 
Thanking you
Mohan Mittal
9811024242
 

The Council of the Institute appointed a Working Group to study various students related issues sometime back. The recommendations of the Group were then considered by the Council and certain decisions have been taken in this regard.  Some such decisions, among others, relate to the minimum and maximum working hours for the articled assistants per week, the course of action required to be taken in case, the minimum working hours exceeds etc.  These decisions are as follows:-
 
(i)    The minimum 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 the articled assistants shall not be generally 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)  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 that long working hours are not imposed on the articled 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 workin! g beyond 35 hours.
 
These decisions were brought on public domain vide an announcement dated 29th March, 2008 for information and compliance by all concerned.  We are confident that the same is adhered to.
 
Through this communication, your specific attention is once again drawn to the aforesaid decisions and it is required that these decisions are complied with in a letter and spirit, in the overall interests of the profession.
 
Regards,
 
 
T. Karthikeyan
Secretary, ICAI

If you read that letter itself you can see that this announcement was made on 29 march 2008..So more than 1 yr. has passed since these rules came

sorry srivatsan !!!

as far as adherence is concerned it depends on the FCA

my CA sir respects ICAI  very much and he is following whatever icai recommends

so if you show to fca's that ICAI is recommending compensatory leave for extra hours worked  they will surely follow it

Thank you