caculation of leaves allowed(as per training guide issued by ICAI):
Total period: (365X3)==1095
less: total leaves taken == 151
Actual period served== 944
Entitlement Leave(1/6th of actual period)==(944/6)==157
So, no excess leaves
Sumit Grover
(Chartered Accountant )
(3652 Points)
Replied 13 September 2011
caculation of leaves allowed(as per training guide issued by ICAI):
Total period: (365X3)==1095
less: total leaves taken == 151
Actual period served== 944
Entitlement Leave(1/6th of actual period)==(944/6)==157
So, no excess leaves
Annu.R
(CA,CS,B.Com)
(2788 Points)
Replied 13 September 2011
Query of Form 108 are solved before...........
CA ADITYA SHARMA
(CA IN PRACTICE )
(16719 Points)
Replied 13 September 2011
ypour articleship leve is less than allowed(157). hence no extenssion
check your pm
CA ADITYA SHARMA
(CA IN PRACTICE )
(16719 Points)
Replied 13 September 2011
yes your articleship is for 3 years check your status from below link. just fill membership no.
Prakash
(Chartered Accountant)
(560 Points)
Replied 13 September 2011
Well Priya
As our mates said you are eligible for 157 days leave and you availed 151 till now, So no need to serve any extra days. The above calculation is little hypothetical, you are eligible for a few more leaves too
we have regulations like you can avail leave for extra hrs worked too, So forget abt all the calculations
Here are my answers to your Questions
Q1--- Expained Above
Q2--You are not required to provide any Details of your previous principals as you have already submitted Form 109 for Twice previously giving all those details like Principal Details, Period Served, Leaves availed (Hope you mentioned same figures)etc.
But it is suggestible to attach a copy of each confirmation letter you received previously for the period served
Q3-- Clarified in above question
Small suggestion, instead of stating 126 days leave under current employer, mention smaller figure, as I said you are eligible for compensatory leave too, hope your principal will agree, to avoid small risk attached theretoooo
nitin patil
(article)
(53 Points)
Replied 14 September 2011
my articleship is going to complete on 28-4-2012, for 3.5 years, i had taken leave of 270 days,i.e 9 month, and my office timing is for 7.30 hrs in a day, how can i claim extra hours, and how much extension will be granted to me.please calculate my leave period and reply
Prakash
(Chartered Accountant)
(560 Points)
Replied 14 September 2011
you are eligible for roughly 6 months excluding Compensatory Leave
Compensatory Leave would be extra hrs worked in excess of 40 Hrs a week
Leave availed for writing exams will be treated as trainee on duty (Only Exam Days) and for any ITT or orientation programme leave also same
So, based on above facts calculate your eligibility.
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 14 September 2011
Following is d calculation as per REGULATION 59 for calculating excess leave taken, if any.
Total no of days in 3 years (365 x 3 yrs) 1095
Less: Leave availed ( as mentioned by you) (151)
Balance days served 944
Leaves permitted as per said regulation is 1/6 th of balance days served i.e 944/6 = 157.33 rounded off to 157 days
So leaves permitted - leaves taken
=157-151
= 6 days remaining , so in ma opinion no extension is applicable to you sister.
No details about ur previous employer is to be given anywhere in Form 108.
Priya Mehta
(CA & CS FINAL Article Assiatant)
(219 Points)
Replied 14 September 2011
Thanks a lot brother tushar and all other members for ur prompt ans.
C A S.S.Agarwal, M.Com.,LL.B,
(Managing Partner)
(22026 Points)
Replied 16 September 2011
(Regulation 59 & 74)
(1) During the period of articled training an articled 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.
(2) An articled assistant who has served as an audit assistant before the commencement of his articles shall, in addition to the leave earned under this regulation, be entitled to leave equal to one-half of the leave earned and not availed of as an audit assistant, subject to a maximum of three months.
Following conditions may be noted:
1. |
Reasonable notice is required to be given by the articled / audit assistant to the Principal. |
2. |
For the purposes of preparing for an examination of the Institute, the articled assistant shall be granted by the principal leave for three months or to the extent due, whichever is less, provided an application for the leave has been made at least fifteen days in advance. |
3. |
Leave not earned may also be granted by the principal subject to the condition that the total leave to be taken by the articled assistant shall not exceed one-seventh of the total period of his actual service, together with the leave due under sub-regulation (2).
|
4. |
The Institute's examination days, (including intervening holidays), or days for attending a course at an Academy of Accounting conducted by the Institute shall not be treated as leave. |
5. |
The period of attendance, with the consent of the Principal, at a conference, including Course on Information Technology Training, and Course on General Management and Communication Skills or seminar organised by the Institute including a regional council or a students’ association or a branch of a regional council for the benefit of assistants, shall be treated as period actually served under articles.
An articled assistant who has secured admission in a course at an academy of accounting conducted by the Institute shall be relieved by the principal, without termination of articles, for attending the academy, provided he has given notice of not less than two months of his intention to join the academy. |
Supplementary Articles
(Regulation 46, 57 & 58)
Leave taken in excess of the period of leave to which he is entitled under Regulation 59 shall be treated as excess leave. The articled clerk is required to undergo articles for further training equivalent to the period of excess leave taken by him during the period of three years of training. Period of excess leave can be served with the same Principal by executing deed in Form No. 107. However the excess leave can also be served under a new Principal as per Regulation 46.
Conditions:
1. |
In case articled training is served with the same Principal and in continuation of previous training without any break: |
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2. |
In case articled training is served with a new Principal, execute a fresh deed of articles in Form 102 and submit Form 103 so as to reach the Institute's office within 30 days from the date of commencement of fresh articles. |
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3. |
For condonation of delay in submission of Form 107, Please see Chapter 25 on condonation. |
C A S.S.Agarwal, M.Com.,LL.B,
(Managing Partner)
(22026 Points)
Replied 16 September 2011
Tushar has made the calcualtion as per the total number of days availabel in a year but the calculation as per ICAI are to be made in the following manner
3 Yeas = 365 - 52 - 13 = 300 days in a year and iun 3 years 300 X 3 = 900 days of 900 days 1/6th comes to 150 so the excess leave is 1 day which you can manage with your employer by showing excess working days.
So no tetention
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 16 September 2011
Sir wit due respect to ur contribution for above reply , sir i have calculated exactly as mentioned in illustration in Training Guide-Publication issued by ICAI on page 42 in annexure II.
So from wher did u get dis cal may i kno d source pls sir if u dont mind?
All of my friends recently cal in d way as provided in d manner as abov and som of dem also recived letter of comfirmation of completion of articleship training which ICAI is duly satsfied wit......den sir wat abt dat??How ICAI has accepted dis cal?
CA Saurabh
(PRACTICE)
(1019 Points)
Replied 17 September 2011
at aaryan
Evan i was PE-2 student who have finished my Articleship in 3 years tym n got the letter(Completion Certificate from Institute). The Period which was reffered by you was only for the PCC Students. And not For PE-2 or IPCC Students. Hope you have no Querries regarding this.
CA Saurabh
(PRACTICE)
(1019 Points)
Replied 17 September 2011
At Tushar
U r Correct Institute Does calculate the Period in the manner u have suggested
At Priya
So u r articleship is over. Congratulations
nitin patil
(article)
(53 Points)
Replied 19 September 2011
i m a pcc student registered for 3.5 yrs articleship period
IS THIS CALCULATION IS RIGHT FOR CALCULATION OF EXTRA HOURS please suggest its urgent
Total no. of days (365*3.5)-------------------------------------------------------------------------------------------------1277
Total no. of leaves taken 240days
(-) extra hours worked (365*3.5=1277-168{sunday 4*12*3.5 - 240(leave taken) =869*2hrs per day =1738/30=58 days extra day worked.
their for net total no.of leave taken is 240-58=182days
total no days--------------------------------------1277
total of leaves taken----------------------------182
actual days worked----------------------------1095
1/6 of actual--------------------------------------183
excess or short---------------------------------1
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