I request all you friends to please forward this mail to all your friends doing CA as a protest against the harsh notification issued by the ICAI in regards to termination and ask all of them to forward the same to the president of ICAI and ask them to add their view to the mail.
Hope we would be heard.
E-mail Id's are:
Sir/Mam,
I am a final student and my particulars are as under:
Name: _________________
Reg. No.: NRO______________
I am rite now doing my article ship up to my best to the rules and regulations issued by the ICAI timely.
Sir I have gone through the notification issued by the ICAI regarding termination of articles.
It has clearly violated all the human rights as now by any means articles have to work under the dictatorship of the principal. Moreover training has now converted into a bounding for the trainees to work with the same people even if article ship is not proving fruitful in providing the basic skills of accounting and auditing.
It is no more about getting trained and acquiring skill to be competent, but it is now just about serving the principal.
ICAI has proved that trainees are no more a part of the Institute and they were considered as a part of the ICAI such a notification would have not existed.
I strongly oppose it and I am really disappointed that Council has not taken a right decision this time and the notification itself proves that it is meant only for the benefit of principal and not for the trainees.
Such a thing has brought huge stress to the trainees as now principal has all the power to exploit the articles, it use to happen earlier also but now same would be accompanied by the misconduct charges and as notification stated plea of termination will not be available this time.
Sir, training is an essential requirement to qualify as a C.A., but abstaining to do work at the same place is against human rights which is a very serious issue.
Now I have some queries which I hope would be resolved:
1. As per the notification No request of Termination of articles is entertained from any article assistant in general and more particularly during the last twelve month of articles except provided in regulations.
Query. Now as per the rule regarding the industrial training of the article the minimum eligibility for the same is after 24months of training. Now, if the principal does not allow us to get the Industrial training and transfer is not allowed than how i it possible for any of the article to get the industrial training.
2.In the event of termination, the article shall not be registered in the same city.
Que. Now this is just to restrict the independence of an articles. If the principal force any one for late nigth or just harass him on any other ground, article can not even seek for plea from the principal as now even if articles get termination no one can get registered in the home town. Now what kind of a rule is that which forces one to leave his/her home city. Moreover city is a very huge term as. Ex. Whole Delhi is itself a city and as per your principal oriented notification any one after transfer from the principal located in Delhi cannot get registered in Delhi itself.
3. Moreover categories of work areas specified in the articles rules are:
· Accounting
· Auditing including internal audit
· Taxation( Direct or Indirect)
· Corporate and allied laws
· Management Services (Including services in the field of financial management like valuation of business, mergers and acquisitions,portfolio management, equity research etc.)
· Information technology.
And As per the CRET Report 1998 it is desirable that a trainee is given adequate work experience in accounting and auditing, in addition it is also desirable that a trainee is also exposed to one or more among the remaining.
If any of the principal fails to provide appropriate training opportunities to the article then how can they seek for some better opportunities for their practical experience.
There is nothing about an article's career, it's just about being there for the principal for even the worst.
3.
4. No request of n articled assistant for termination of article ship shall e considered unless his/her working parents are transferred from the city/place where the articled assistant is receiving training to another city and a copy of transfer order/proof is submitted to the principal in proof there of. On such termination the articled assistant concerned shall join articles training in and around the place of posting of his/her parents and shall not re-register articles in the same city or within 50 kms radius of the city where he/she has undergone articles prior to such termination.
Query: This clearly states that if the parents have shifted somewhere around 60 kms from the place of the previous principal and if an article wants to get registered somewhere around 20kms from his place which is a huge distance for some one to travel on a daily basis, and if such a principal is not 50 kms away from the previous principal ,then such an articles can not get registered. Such a trainee would have no other option except to travel for around 120kms on a daily basis which will consume his/her 5 to 6 hrs. on a daily basis.
And even I want to ask that why is not there any remedy in case the principal gets shifted. It happen a lot many times that principal changes its corporate office.
Why isn't there any rule that if the distance between the principal and the trainee exceeds 40 or 50 kms. trainee can get termination.
As far as it is enumerated to the articles:
a) The provision of the practical training is exposes trainees to diverse practical situation and enable them to require skills and expertise which this profession requires
b) The institute is concerned with ensuring that the training imparted to trainees is of such an order that the quality and standing of profession is maintained and as well as enhanced
c) Training is for endeavour the trainees to give a balanced and complete exposure by way of practical experience.
If principal fails to impart any such thing then what are the remedies available to the trainees?
If principal forces trainees to travel for more than 4 hrs. on a daily basis what are the remedies to a trainee?
If principal is harassing the trainee then how can one get rid of it?
It's a humble request from my side that ICAI should get more lenient towards the trainees. ICAI should not take decisions only by keeping only one side of a coin in the limelight.
This notification needs to be reviewed
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