1) Is Industrial Trainee entitled to be paid by the employer for the days on which he/she appears for any examination or attends a course of academy of accounting conducted by the Institute and recognized by the Council in this behalf, treating the said period out of purview of absenteeism in view of the under-mentioned regulations?
As per clause 7 of regulation 59/72 pertaining to Articled/Audit Assistants: “the days (including intervening holidays) on which an articled/audit assistant appears for any examination under these Regulations or attends a course of academy of accounting conducted by the Institute and recognized by the Council in this behalf, shall not be treated as leave but would be treated as period actually served as an article/audit assistant.”
Although, the Form 104 contains endorsement as regards to leave and discipline for the trainee which read as “…… However, for matters of discipline and leave, the apprentice shall abide by the Rules and Regulations of the Employer.”
Thus, there appears a contradiction as per regulation 59/72 and the extract enumerated above in form 104.
2) Vide Clause 1 of regulation 59/72 which states that “An articled/audit assistant shall earn leave at the rate of one-sixth of the period for which he has actually served excluding from such period, the period for which he has been on leave subject to a maximum of 180 days”.
Am I, as an industrial trainee, entitled for the same?
Employer is asking for related regulation,so plz specify that also.
26 January 2009
Yes the Industrial Trainee gets paid on the days of the examination. It can be confirmed from ICAI RO and the relevant notification will be forwarded by them by e-mail.
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