Transfer during articleship

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 May 2013 Hii Everyone!!!

I am in an urgent need of reply on the following topic. Please suggest me for the same.

Doubts:

1. Can an article be transfered form one principal employer to another on the will of the principal employer alone? and without any specific reason relating to the article, but just for the sake of internal arrangement within two friendly firms?

2. Will this not lead to a lapse in an oppurtunity of transfer during the first year of articleship of the respective article?

3. And if the article doesnt agree, does the employer have any right to compell him to leave the current organisation, where he is working, permanently and take a transfer to any other firm on standing instructions from the respective principal employer?

Please reply urgently as it is a current matter.

Thank You!!!

Ganeshbabu K

Ganeshbabu K (Expert)
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22 May 2013 1)no for taking tranasfer principal and student should accept

however in general cases,some firms share their articles to other firm on friendly relationship

benifit to student: can explore to more work,can get more professional contacts
benifit to employer: can reduce burden of work load using the friend staff,

however in first year of articleship transfer is allowed with out any restrictions

it is recomended to work on instructions given by principal or leave him and join some where else, however it will help to improve some professional contacts and can learn more work

Querist : Anonymous

Querist : Anonymous (Querist)

22 May 2013 Thank you for your reply sir!!!
But if the article doesnt wish to take a tranfer only from the current employment then can the pricipal employer force him just because he has the power of being the Managing partner of the firm without the article's consent??

Please reply...

Ganeshbabu K

Ganeshbabu K (Expert)
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22 May 2013 if your taking about the rights ,,

u have to speak with icai,..

and simply ur ca will escape as he is not asking u to do his personal works

so

work as your principal said,..or just leave from him with out any arguements from ur employer

what was the problem in doing work in another firm it will befits you to explore more work and u can get more professional contacts

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