15 December 2007
SUPPOSING THE PRINCIPAL HAD PREVIOUSLY VERBALLY AGREED TO GRANT TRANSFER TO AN ARTICLED ASSISTANT AND AFTER THE NEW EMPLOYER HAS ACCEPTED THE ARTICLED ASSISTANT'S APPLICATION, THE PREVIOUS EMPLOYER DOES NOT GIVE HIS CONSENT TO THE ARTICLED ASSISTANT LEAVING HIS FIRM. MY QUESTION IS -CANNOT THE ARTICLED ASSISTANT LEAVE THE FIRM AT HIS OWN WILL? OR THE PRINCIPAL CAN FORCEFULLY EXTRACT WORK FROM THE ARTICLED ASSISTANT WHEN HE/SHE DESPERATELY WANTS TO LEAVE THE FIRM AND JOIN A BIGGER FIRM FOR OBVIOUS REASONS. PLEASE REPLY TO THE SAME AT THE EARLIEST.AND ALSO INFORM ABOUT THE RIGHTS OF THE ARTICLED ASSISTANT IF HIS PREVIOUS EMPLOYER WANTS TO COMPLAIN TO THE INSTITUE BY RAISING FALSS ISSUES. TAHNKS IN ADVANCE.
16 December 2007
Please do not get frustrated. I can see the anger in your query. I request you to cool down. Nobody can extract work from you. Here is the case of mutual understanding. If you have made up your mind to leve the firm then there is no use in getting detained there. You might be having pending assignment and work with your Principal or he may be making alternate arrangements. Please do not fight. Legally new Principal cannot accept you till old Principal relieves you. But here you can tell your Principal that for your assignment you will give extra time and complete it and thus please relieve me and thus he will do that. If not then please post the query again.
16 December 2007
Thanks Mr. Kapil G. Thakore, for your reply to my earlier query. As is the situation now that I don't have any pending work in my current Principal's office and every thing was said and done before I applied to the new firm.Now suddenly he talks of raising my stipend and sending me for audit to Pune, Kolhapur etc.(where as this are not the remotest cause for which I want to leave)and also says that i will not be relieved from service as he cannot afford for an employee to do such jobs. Please inform me as to what way can the institute help me in getting the termination order from the Principal. Also can I join the new firm and start afresh my articleship. I have completed six months under my current employer. I feel like I am stuck in the mud, Please reply.
16 December 2007
No you are not stuck in the mud. Please keep patience. You need not take assignement compulsorily. There is ray of hope. You keep on requesting. If not mail me on private message we will discuss.
CAclubindia
