Hitesh (article) (32 Points)
26 February 2011FRNDS, I WANNA KNOW WHETHER ARTICLE CLERKS R ENTITLED TO STIPEND FOR 180 DAYS LEAVE ALOWED BY INSTITUTE???
IF YES THAN WHAT TO DO IF EMPLOYER REFUSE TO PAY THE SAM.?
AND MY EMPLOYER HAS DEDUCTED STIPEND FOR ALL THE LECVE TAKEN BY ME INCLUDING EXCESS LEAVE ABOVE 180 DAYS. WHETHER I M ENTITLED TO GET PAID FOR THIS EXCESS LEAVE FOR WHICH STIPEND WS DEDUCTED EARLIER?????
Siddharth
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(672 Points)
Replied 26 February 2011
The trainee shall not be eligible to get stipend for the excess leave taken, as per Explanation 1 of Regulation 48 (1).
Refer:
https://220.227.161.86/7697announ1209b.pdf
From this explanation, I can infer that trainee shall be eligible for stipend for leave he/ she is eligible for.
Your CA might give you the stipend for the total period served - less excess, at the end. Better ask him or wait till the end.
Dear Hitesh,
We are eligible for stifund during our leave period of 180 days. Pls see the attached file. You are not eligilble for stifund during the excess leave taken.
And you are also eligible for stifund during the examination period.
If the employer refuses to pay, you can give complaint to ICAI for non-payment of stifund.
Rohtash
(CA - Final / CS / B.Com)
(1140 Points)
Replied 27 February 2011
@ Hitesh : Agree with Krishna as the leave of 180 days we are entitled for will be paid leaved & the stipend for the same will be paid & the excess leaves may not be paid as we are not entitled for the same...
Hitesh
(article)
(32 Points)
Replied 27 February 2011
IS THERE ANY RULE FOR DEDUCTION IN STIPEND FOR LEAVE TAKEN?
FRNDS U SAY THAT NO STIPEND FOR EXCESS LEAVE, THAT MEANS I LL NOT GET PAID FOR WHOLE 3 YRS 6 MONTHS AS MY EMPLOYER CUTS STIPEND FOR LEAVE.
AT PRESENT I HAVE 2 MONTHS OF EXCESS LEAVE & AS PER RULE I LL GET PAYMENT 4 3 YRS & 4 MONTHS ONLY.
Hitesh
(article)
(32 Points)
Replied 28 February 2011
| Originally posted by : Krishna | ||
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@ Hitesh, I didn't understand your query. Pls make it clear. |
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krishna, does ur employer diducts stipend for leave taken by u???
if i take leave for say 10 days my employer gives payment for 20 days 4 that month. now if this 10 days r excess leave then i ll not get payment for this when i fulfill them.
NOW MY EXCESS LEAVE IS 2 MONTHS +180 DAYS OFFICIAL LEAVE. I HAVE NOT BEEN PAID FOR THESE ALL DAYS, IF I FULLFILL THIS 2 MONTHS, & DONT GET PAYMENT 4 SAME THAN I LL RECEIVE PAYMENT FOR ONLY 3 YEARS & 4 MONTH AS I WILL NOT RECEIVE PAYMENT FOR 2 MONTHS. WHEREAS I HAVE WORKED FOR 3 YEARS 6 MONTH.
Hitesh
(article)
(32 Points)
Replied 01 March 2011
| Originally posted by : Krishna | ||
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For 180 days you will receive full stifund because it is the leave given in the rules. For balance two months, you have to work excess and then only you are eligible for stifund. |
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THANK U VERY MUCH KRISHNA, I JAST WANTED TO KNOW THIS.
NOW CAN U PROVIDE ANY SUPPORTIVE FOR THIS INFO WHICH CAN BE PLACED AGAINST EMPLOYER???? BECAUS HE SAYS HE WILL PAY FOR EXCESS LEAVE FULFILLED BY US IN TURN WILL NOT PAY FOR 180 DAYS OFFICIAL LEAVE FOR WHICH WE HAVE NOT WORKED.
Dear Hitesh,
I dont have any idea about it. I recommed that you first discuss it with your employer by showing the rules that we are eligible for stifund during the leave period.
If he didn't agreed, then try posting the query in E-Saahaya in ICAI webist, and put the priority level as high..
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