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very urgent regarding leave

sucheta (cs inter and CA FINAL student) (598 Points)

19 November 2010

Hello friends,

My joining date was 04-04-2007 with my employer and as per 3.5yrs it would have to be completed on 04-10-2010.Since i have to fill my form 108 now my employer is telling me to calculate the leave on my own and she is telling me to show 25 days of grace for computer training and to show the date of completion on 30-11-2010 with proper calculation of how many days you have served as articled assistant and accordingly show the no. of days taken for leave.I am unable to calculate it on proper basis so that no problem arise and my employer accept the form.Plz show me the calculations of all its very urgent otherwise she wont let me go from here and i have my CS inter exams this dec.Plz help me

Thanks in advance

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11 Replies

sucheta (cs inter and CA FINAL student) (598 Points)
Replied 19 November 2010

plz respond friends its urgent

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Ritin Kharbanda (CA) (441 Points)
Replied 19 November 2010

25 days of computer training will not be considered as LEAVE rather it is part of training and wiil be counted for training purpose.

as far as leave period is concerned an article is allowed total leave for 1/6th of days he was present in his/her office/official work.

Regards

If u have any querry u may ask

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Aditya Maheshwari (CA in Practice) (35867 Points)
Replied 19 November 2010

I think the date of completion must be by 30-10-2010 and not 30-11-2010 as mentioned in the query.

So maximum allowable leave as per rules is 180 and with 25 days of extention it would be 180 + 25 = 205 days. So put 205 days in no. of leaves which would be acceptable to both.

However have u filled form 107 for extention of articles and when will u be giving your final attempt?

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 19 November 2010

Originally posted by : Aditya Maheshwari
	I think the date of completion must be by 30-10-2010 and not 30-11-2010 as mentioned in the query.

Agree with Aditya...

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CA Dhiraj Ramchandani (CA, M. com) (10823 Points)
Replied 19 November 2010

Hi.., watever ADITYA sir said, its one of the most safe, legal and secured way to deal with current situation.... But but but, if i would have been at ur place, then wud have followed following steps.... A) tried to explain my boss that computer training always forms part of the articleship, and so it cannot be considered as LEAVE, never. B) if he/she is reluctant to include thos 25 days as leave, then would have calculated normal leaves as 150 days + 25 days leave for CT, results to 175 days (i.e less than 180 days by hook or crook), and would have convinced my boss to consider my training end on 04.10 only, not to give me any legal extension (to avoid the process of filling 107). C) And would have filled 108 with 175 days leave.... In this case, i think i would have convinced my boss to deal in this way.... But if ur boss forces to show ur training end day as 30.10 only, then follow aditya sir..

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Aditya Maheshwari (CA in Practice) (35867 Points)
Replied 20 November 2010

What i have suggested above may not be practicable as your need to frank form no. 107 before entering into the form.

I just remembered this that this may not be possible now to frank the same unless there is a stamp paper of old date or if franking has been done on the form.

So this option of extention of articles might not be available only and now there is no option but to convinence your principal that the ITT is part of allaowable leave and hence there is no excess leave and hence there cannot be any extention in articles now also due to non franking of form 107.

So though the same may be the employer may like to extend your articles but may not be able to do now.

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sucheta (cs inter and CA FINAL student) (598 Points)
Replied 20 November 2010

Thank you all for responding .But if i show my completion date as 30-10-2010 then how may leaves shall i show so that i need not have to fill form 107.I wil try to convince my employer if you all kindly help me that what should i say her and how i shall show my calculations to her,,,,,,,,,,,,?

sucheta (cs inter and CA FINAL student) (598 Points)
Replied 20 November 2010

Aditya Maheshwari (CA in Practice) (35867 Points)
Replied 20 November 2010

Original deed of articles has been entered into till 04-10-2007. So if leave taken is more than 180 days then compulsorily you have to enter into form 107 no other option.

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sucheta (cs inter and CA FINAL student) (598 Points)
Replied 20 November 2010

if i will give my final attempt in may2011 then within which time period i have to deposit the form in the institue?

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sucheta (cs inter and CA FINAL student) (598 Points)
Replied 20 November 2010

if i show my closing date as 4.102010 then i have to deposit the form within one month in the institute (i.e 04-11-2010) which is already passed so will i have to give any fine for it and how much rupees?