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set-off of extra hours worked

Jyoti (Articled Assistant) (35 Points)

01 October 2010

Please help

I have worked for 54 hours in a week since June 2010 till date and for 48 hrs previously and my stipend is Rs. 1500. My articles is getting over next week. (normal working hours fixed by CA Institute is 35 hrs per week with stipend Rs. 1500). This is mentioned in the CA member's manual and also our training guide. Can I claim a set off against my excess leave (which I took for my exams). What do I do if he refuses? Is it worth approaching the CA Institute for redressal? Is it mandatory (compulsory) for him to set off? I have to appear for my exam in Nov'10 and have still not got leave. Also, do I have to complete my extension now itself, with the same CA?

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12 Replies

CA Ayush Agarwal (Kolkata-Pune-Mumbai) (27186 Points)
Replied 01 October 2010

Actually U Can't Work More Than 45 Hours as Guidelines Provided by ICAI .

and No Setof UR Eligible For.

3 Like

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CA Ayush Agarwal (Kolkata-Pune-Mumbai) (27186 Points)
Replied 01 October 2010

and Suggestion To U That Not to Approach Regarding This.

Only & Only U Will Suffer For That.

and INstitute will not be providing u any relief.

This Case is Not Only With U.

Many Students are There Who are Working More Than 48-50 Hours.

2 Like

Jyoti (Articled Assistant) (35 Points)
Replied 01 October 2010

But he is forcing us to work from 9-6pm otherwise he tells us to "GET OUT OF MY OFFICE,this is my office, if i tell u to sit,u must sit, even if there is no work, or else, submit your transfer forms" when he knows there is no transfer. My boss is a mad man, we all dont know how to deal with him. We have received a lot of threats from him, like cancellation of our period served or disciplinary action for no valid reason. The CA Institute clearly says that we have to be compensated for extra hours worked in the form of set offs. I wanted to know whether this can be enforced by the CA Institute [according to their own guidelines-in the training guide and members manual, FAQ's(on ICAI website)]

Can anybody guide us further and help us find a solution...

1 Like

Harpreet (* * * * * *) (1670 Points)
Replied 01 October 2010

Totally agreed with Mr. Ayush Aggarwal. Yes nobody can be stand against them.

CA.G.Muguntha Narayanan (Internal Auditor at TVS Motors) (2195 Points)
Replied 01 October 2010

Dear Jothi,

As rightly said by Mr.ayush above, its gonna affect u only, if u r going to fight. so u can better concentrate on studies and prove to ur principal that u r brilliant. that wud be better, instead of fighting with him. So, my request wud be to concentrate on studies. these issues come in the way of all CA students. So make ur goal as completing CA, and proving to the world that ur a person with gud knowledge

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vijay (Accountant) (902 Points)
Replied 01 October 2010

This is not something new for a CA Students

It happen with most of us

as said by others you have to only have to take some steps

You need to decide that whether you are doing CA for doing articleship or for becoming CA

jayesh (Pursuing Final CA) (98 Points)
Replied 01 October 2010

r u a pcc or final student ?

i also got leave from 1st october and my articles are ending on 12 october legally. i have asked my CA leave from 15th september for my nov 10 pcc exams. But my CA favour me that u take leave from 1st oct and i will let your article ship over. i have agreed with him, and i have got leave today from 1st oct and i have to give my second group of pcc exams. I have also worked for long hours on regularly basis over my articleship period.

I suggest and request you to request your CA for your set off matter , otherwise take ur parents to them for that and talk with him, I think he will agree for that after your parents talk to him .

Regarding your exams , i will suggest you to pls make timetable and follow that seriously. I wish that you will clear your exams .

May i Know that U r in pcc or final and whether u have to give one or both of the groups in nov 10 exams?

pls reply......

1 Like

Amit Singh (Chartered Accountant) (270 Points)
Replied 02 October 2010

Dear Jyoti,

I feel very sorry for u,i don't kn about settoff but u can

get transfer or any of ur collegue on the basis of harrsement

& threat cause by ur boss by just informing to CA Institue by letter.

u must also inform this to ur principal regarding this that if he don't hear

u will approach CA Institute & let me tell u one of my freinds did the same.

CA Institue cannot ignore its Future Members

All the Best for Ur Exam

With Regards,

Amit

2 Like

Amit Singh (Chartered Accountant) (270 Points)
Replied 02 October 2010

Hi Ayush Agrawal,

Don't hv any negative attitude in ur life.

With Regards,

Amit

1 Like

Siddharth (Get Digital Signature Certificates (DSC) in 30 minutes! Click on send PM!) (672 Points)
Replied 07 October 2010

When your articleship is getting over next work, get your service completion certificate signed (with the leave taken as per your CA's records) and you can join other register under another CA.

Read here -

https://220.227.161.86/14488student_manual_17.pdf

Writing letter to ICAI and expecting quick response is a dream. Better avoid that, learn to be diplomatic and get your things done under any circumstance. Be adaptive.

Other tips on excess leave situation, here -

https://www.caclubindia.com/forum/issue-on-excess-leave-during-articleship-107771.asp

see post # 2.

Ref. -

https://www.icai.org/resource_file/11915announ1435.pdf

In case of the exigencies of work with the Principal, an articled assistant may be required to work beyond his/her normal working hours. However, under such circumstances, the aggregate number of working hours shall not exceed 45 hours per week. The requirement to work beyond 35 hours in a week should not be a practice but only in exceptional circumstances. Further, where the articled assistant is required to work beyond normal working hours, and aggregate of such hours exceed 35 hours per week, he/she shall be entitled to compensatory leave calculated with reference to number of completed working hours, over and above, 35 hours per week.

You have the right to get compensatory leave, but that's on your understanding with your CA.

Take these rules to your CA, see if he listens. Most likely he won't, so better than getting it messed up, as he will probably throw tantrums in signing service completion now, as might be hitting his ego by proving him wrong, so see what suits you better.

I'd say skip it, and get your 108 signed with whatever leave your records state, join other CA (if you can find someone for excess time) or read my post here -

https://www.caclubindia.com/forum/issue-on-excess-leave-during-articleship-107771.asp

see post # 2.

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Jyoti (Articled Assistant) (35 Points)
Replied 09 October 2010

Thanks a lot Sidd, Im really happy to know now, that the excess can be done under any CA.....!!!! THANX ALOT....thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u thank u

Santhosh Poojary (SIEMPRE AHÍ PARA TI) (15607 Points)
Replied 09 October 2010

Originally posted by : CA.G.Muguntha Narayanan
	Dear Jothi, As rightly said by Mr.ayush above, its gonna affect u only, if u r going to fight. so u can better concentrate on studies and prove to ur principal that u r brilliant. that wud be better, instead of fighting with him. So, my request wud be to concentrate on studies. these issues come in the way of all CA students. So make ur goal as completing CA, and proving to the world that ur a person with gud knowledge