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Ca not giving transfer from articleship.

Divya (Student CA Final ) (42 Points)

27 May 2013

Hi, I am doing Articleship from Small firm. I am into 8th month of A'ship. Now I want to leave it bcoz: * I don't get stipend, he pays me cheque and forces me to reimburse in cash. * there is no quality work. * He asks me to do his personal work like going bank for his work, maintaining his personal accounts. When I asked him for transfer, He got annoyed & Denied it. Also threatened me of Deed I signed. I am feeling badly trapped. Please suggest me what should I do now? What are my Rights?..:'(

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(Guest)

I. Transfer /termination of articles is permitted without any restriction during the first year of articles.

Regulation 67: Complaint Against the Principal

(1) Where an articled assistant makes a complaint against his principal on a matter concerning his training as an articled assistant, the President or the Vice- President as the Executive Committee may decide from time to time, may cause an investigation to be made and submit a report to the Executive Committee.

(2) The Executive Committee shall submit the report of the investigation to the Council with its recommendations.

(3) The Council may, on a consideration of the report of the Executive Committee, pass such order as it may consider expedient, including an order withdrawing the entitlement of the principal to train one or more articled assistants either permanently or for a specified period.

(4) The President or the Vice-President as the Executive Committee may decide from time to time, may, pending an investigation of the complaint, either terminate or suspend the articles and allow the articled assistant to be accepted as additional articled assistant by a member, notwithstanding anything contained in Regulation 43.

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Ganeshbabu K (Audit and Tax Advisory) (48564 Points)
Replied 27 May 2013

Originally posted by : gvgr7
	I. Transfer /termination of articles is permitted without any restriction during the first year of articles. Regulation 67: Complaint Against the Principal

You have done really great work it will help him a lot

and you have valid ground to take transfer from him

see dont comprimise for any ,,is there any other articles are there or you are the only one

Refer ca regulation 43 continuing to gvgr

https://www.icai.org/new_post.html?post_id=772

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Divya (Student CA Final ) (42 Points)
Replied 28 May 2013

Thanks for this. But it will be my last option. also I don't have any evidences against him because on records, he is regularly paying me stipend. Please also tell me about enforceability of that Deed.

(Guest)

@ divya,

After completing 7 month's of your Article-ship.

u released that there is no quality work under him + personnel work.

Inform to your parents the whole thing & let your father or the some elder-ones make a chat with your principal & get Terminated from Article-ship. b,coz u got the right to Termination of Articles during the first-year of Articles without any restriction'sss.

Divya (Student CA Final ) (42 Points)
Replied 28 May 2013

I have already informed my parents. But I want to know about enforceability of Articles deed. Does it take away my Right to take transfer within one year? And will executive committee will help me if I write to them. because as I said there are no evidences against him.

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Ganeshbabu K (Audit and Tax Advisory) (48564 Points)
Replied 28 May 2013

however article deed is there between you and employer

but you and your employer should work with in ca regulations and no one should breach it

as he didnot paid any amount as stipend means he is colecting back from you fact can be mentioned to icai and icai may make good to you

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(Guest)

ok.

Y u waited for 7 month's. can u tell me the reason.why ????

b,coz I.C.A.I can question you.

I can tell the way to get your Article-ship Terminated.

b,coz first yourself decide strongly.Then, i can do some help for you to get terminated from Articleship.

During the first year of Article-ship u got right to terminate articleship & once first year articleship crossed u got no were right to terminate articleship except in exceptional cases.

Divya (Student CA Final ) (42 Points)
Replied 28 May 2013

Why I waited 7 months? His behaviour was not that bad in the first few months. Regarding Work, he assured that he will take up some new work. Stipend was never a problem. But now i realized that it is just the Waste of my Time, & his behaviour is also getting rude day by day. so it is my final decision to take transfer. I will again speak to him in 3-4 days. As you suggested, may ask parents to talk to him. even then if he don't agrees, then I will be requiring suggestion from you.

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(Guest)

CA. Subodh Kumar Agrawal ( president I.C.A.I)

Mobile.. [+91] 98300 22848

Office.. [+91] (33) 2225 9430/ 31/ 32

Residence.. [+91] (33) 2521 4686

E-mail: subodhka @ yahoo.com, subodhka @ gmail.com,

president @ icai.in

Facsimile.. [+91] (33) 2225 9432

Kanika Jain (Fresher) (180 Points)
Replied 29 May 2013

A privilege is available to the article in the 1st year of articleship that he/she can take transfer by simply filing Form No. 109 and without explaining any reason for it. You can also make a compaint to ICAI as Contact Details has already been told to you by gvgr7. Help will be made available to you,don't feel disappointed,try this and you will get any wayout...

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dinesh (Chartered Accountant) (276 Points)
Replied 29 May 2013

Hey

you can take termination whenever you want in the first year. it is your right your principle can't refuse to terminate your articleship.

if he is refusing pressurise him let your parents talk to him, and if he still refuses frustrate him go daily to him and ask for termination, it will take some time but at the end he should give you termination,

there is no point of making complaint to icai it is the last opthing you can do save this option for future, coz if you complaint. it is a very long process, and your studies will also be affected in between the time your complaint is processed. and even after that icai will not take strict action against him, they will just allow you to terminate your articleship.

So try pressurising him it will take time but it should work eventually. and it is less time consuming than any other option.

Divya (Student CA Final ) (42 Points)
Replied 30 May 2013

Thank you Kanika & Dinesh for your replies. I'll talk with him again in 3-4 days, if he refuses then I'll let my parents to talk to him. still if he don't agrees then I'll write to ICAI as last option.

Rajat Poddar (Qualified CS and CA Finalist) (3355 Points)
Replied 31 May 2013

i think u should tok to him first instead of going directly to the institute .. try to convince him softly n as rightly said by some one take help of your parents ... but my sincere adice would b .. u tok to him first.. thn take help of ur parents n thn institute as while leaving office u will required his consent n he will b the one who will have the power.. so b humble n speak softly to him.. he may try to make u angry but yar jab time ata hai tab ghade ko bhi baap banana padta hai..so just try..it once may b u will succeed..