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NO consideration for overtime worked...REMEDY please...

Aishwarya Sitharam (CA Final, 1st year LLB) (45 Points)

30 November 2010

I have maintained proper records of the time worked (in my daily working sheets) and the same is duly signed by my boss(though he doesnt really look into them). I have excess leave as well as almost 60 days of credit on account of excess time worked over and above 35 hours. My problem is i will not be eligible for may 11 jus because by boss is not willing to grant me credit of the excess time worked. Though he believes that i maintain authetic records, he says that he cannot start such a practice of giving credit in office since not everyone maintains proper records. That is not fair as i am being penalised for no fault of mine. I dont think he will negotiate. So do i have a remedy. please quote the relevant regulation.

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8 Replies

CA Shabeer (CA, M.com) (297 Points)
Replied 01 December 2010

try to conveince ur Boss this is the only good remedy.

same problem was faced my friend n he has approached Article section of SIRC

But he was asked to do so.

If u r PCC stream then u can write ur Final last 6 month period of articleship.

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MAS007 (ACCOUNTANT) (124 Points)
Replied 06 December 2010

Dear Aishwarya,

Allowance of your principle does not matter. It is the rule of the Institute that If any Article/Audit Clerk works for more than 35 hours for a week then the excess hours is allowed against the leave taken.

it's good on your part that you have maintained the proper records & even signed by your principle.Since he is CA, it is prisumed that he should sign every document after proper reading. It's his fault if he does not read that.

If you are a PCC student, kindly refer our Training Guide & show the same to your Principle & try to convince him.I dont recall exactly but this thing was given clearly in the Student's Journal for either May-09,June-09 or July-09. Check them out.This may also help.

If he doesn't convinced, then approach the Institute, first either call or e-mail & doesn't solve then send the copies of sheets of excess work done by you.

It is your legal right & can't be taken away in any circumstances.

Since it's December already, You should try to sort out your problem soon for appearing in exams.

Kindly inform about status of your problem.

All the Best.

Thanks

Moin Shaikh

ankit gupta (article) (223 Points)
Replied 20 December 2010

hello..

frnds n experts

can any 1 tell that , is there is any procedure or ant form in which we can take signature of my ca regarding completion of my articleship of 2.5 year

whicl will give assurance in future that , till date i had completed such a part of training...

PRATEEK PATEL (Student [I.C.A.I]) (993 Points)
Replied 20 December 2010

No, there is no standard form available for certification of periodical completion of articleship, but as per guidelines you are suppose to prepare work dairy to record the work done by you during the articleship in prescribed format and get certified the same by your principal, which provide documentary proof of period of engagement as well as assignment carried out by you.

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ankit gupta (article) (223 Points)
Replied 20 December 2010

is it mandatory for all students to submit report of practical training with institute..?

if yes then what r the provisions regarding these...

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PRATEEK PATEL (Student [I.C.A.I]) (993 Points)
Replied 20 December 2010

Yes at the time of completion of articleship arcile assisant have to make request to principal in FORM 119 to issue service certificate (FORM 108). FORM 108 is certificate which certifiy the period of engagement and the category of work done with time spent on each category.

encl: FORM 108, FORM 119 & Routine diary

Attached File : 24 7511form 108 std.pdf downloaded: 203 times