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what are my rights

Monika Bhargava (Chartered Accountant ) (83 Points)

30 May 2011

i m in my first year of artcileship and i want to take transfer because neither my employer have much work nor he teaches me and i cant take risk for my career ....but my employer is not giving me transfer! i m not even getting stipend and forced to do accounting of my employer's side business.........does this mean dat as a article i dnt hv any rights ? does artcileship means slavery or m i a puppet of his dat i have to work according to him .........plzzz guide me .......what r my rights in this case ......i really want to learn some gud work even stipend doesnt matters for me ...........plzzzzzz

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17 Replies

Sasanka Bhalaki (Student) (1935 Points)
Replied 30 May 2011

Recently..institute has announced that any disputes between the articles students and the principle cnnot be entitled by the Institute..

so i think no right for u..but i hope u can approach e-saahitya..it hink it will help u..

1 Like

(Guest)

You have all the rights. Remember that STUDENTS ARE POWER. You are not a puppet of anyone's hand and you will never be in life. A student can get the transfer in articleship. As per my knowledge the present regulations are that a student can freely get transfer in the first year of articleship. You can do any of the following:

Your Rights:

Find a new good firm for articleship for you and tell your present employer that you are terminating the articleship in the capacity of the independent citizen of India as per rights given to Indian citizens by constitution and CA Act, 1949, Prior approval of ICAI is required to take transfer. Send a written request to ICAI stating all your problems, asking to permit you to take transfer. I am sure that you will get the permission. Your employer also have to sign that letter of request, but he will surely refuse to sign or do unnecesary delay. Tell him that you will file a complaint to the discipline director of ICAI and also in the high court, new delhi for non payment of stipend and exploitation and his membership will be in danger and may be cancelled then as it will be easily proved from the bank statements that you are not paid the stipend. Stop going to office with a notice to your employer that you do not wish to continue. If they refuse for that, then also stop going to office, no one can spoil anything of you. This is my guerantee.

If necessary, you can file a complaint to ICAI in form 1 with the DD of 2500 in favor of secretary, ICAI, New Delhi. The procedure for complaint and form 1 is attached herewith.

My Advice:

To know more about me, visit: /forum/details.asp?mod_id=114530 I dont know you are aware of this or not but today the exploitation of articles in the field of CA has reached to its extreme. Students are forced to take care of wife and children of CA and also forced violently to sweep office and brutal mental torture is exercised to exploit innocent students. So it is my frank advise that in stead of exercising your rights that you do have and you CAN EXERCISE AS A CITIZEN OF FREE INDIA, you should continue your present articleship, if you dont have to face much mental torture and harassment. Stipend is irrelevant. Forget about the experience of work and concentrate of studies. Degree is more important than experience.

Remember that PEACE IS BETTER THAN WAR, BUT WAR IS NECESSARY TO STOP EXPLOITATION. NOW YOU HAVE TO CHOOSE BETWEEN WAR AND PEACE AS PER YOUR CIRCUMSTANCES.

Regards.

Attached File : 397663 727808 twister 2.pdf downloaded: 510 times

2 Like

(Guest)

Originally posted by : Sasanka Bhalaki
	Recently..institute has announced that any disputes between the articles students and the principle cnnot be entitled by the Institute.. so i think no right for u..but i hope u can approach e-saahitya..it hink it will help u..

Dear Mr. : Sasanka Bhalaki, it is for your kind attention that ICAI has not annonced any such thing and the disciplinery committee is specially established by ICAI to entertain disputes between a article and principal. Your reply is totally vague and baseless.

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 30 May 2011

IN THE FIRST YEAR OF ARTICLESHIP YOU CAN TAKE TENSSION WITHOUT ANY RESTRICTION

M. N. JHA (CA) (8316 Points)
Replied 30 May 2011

@ future TENSSION or TRANSFER?

M. N. JHA (CA) (8316 Points)
Replied 30 May 2011

U can easily get trf in first year. . . And also stipend unregularity or unpayment is misconduct by employer u may complain for this with inst

CA ADITYA SHARMA (CA IN PRACTICE ) (16719 Points)
Replied 31 May 2011

it is transffer yaar

Sasanka Bhalaki (Student) (1935 Points)
Replied 31 May 2011

I am sorry about my reply..u can take transfer in the first year..but regarding any disputes between Principle and article student are not entertained by ICAI..this is true.

(Guest)

Originally posted by : Sasanka Bhalaki
	I am sorry about my reply..u can take transfer in the first year..but regarding any disputes between Principle and article student are not entertained by ICAI..this is true.

Its ok. You are right that there is announcement by ICAI dated 2nd July 2010 but ithis notification does not deprive students of their basic right of protection against exploitation by employers. I have attached that notification herewith for your reference. The wordings of this notification are "The articled assistants are required to get the consent of the Institute before getting Form 109 signed by the Principal in their own interest. In case of dispute between principal and articled assistant, the matter be settled amicably among the articled assistant and the principal concerned and the Institute shall not interfere in such cases." The effect of this notification is that if there is any dispute between article assistant and principal regarding whether or not to take transfer, then ICAI will not interfere in such cases. This notification does not mean that any kind of dispute between article assistant and principal shall not be entertained by ICAI.

The present case is quite different. In the present case Ms. Monica has stated that she is forced to do personal works and not getting any work exposure and not getting any stipend. This is a clear violation of clause 1 and 2 of part 2 of the second schedule to the CA Act, 1949 and this is a case of exploitation of student. So she has all the rights to take transfer on the basis of non payment of stipend and exploitation and she can also make a complaint against her principal and also file a suit in the high court. IMoreover, ndian Penal Code also comes into play wherever the case involves exploitation of Indian Citizens. The CA Act is not only the sole governing statute in the field of CA. Thus, her all the rights are reserved in the present case and she can very well take transfer, file complaint and file suit also.

Attached File : 397663 728449 abcd.pdf downloaded: 352 times

2 Like

ROUNAK KUMAR SINGHANIA (student) (61 Points)
Replied 31 May 2011

IN THE FIRST YEAR OF ARTICLESHIP YOU CAN TAKE TENSSION WITHOUT ANY RESTRICTION

SO TAKE TRANSFER

C.A.M.S.ROY (C. A.) (478 Points)
Replied 31 May 2011

u CAN GET TRANSFER IN THE FIRST YEAR OF ARTICLESHIP TRAINING WITHOUT ANY RESTRICTION, U GET TRANSFERRED URSELF AS SOON AS POSSIBLE IF THERE IS NOT WORK TO HAVE UR PRINCIPLE, BECAUSE FRIEND I HAVE FACED SUCH PROBLEM AND APPROACH TO jOINT sECRETARY v.sAGAR ,HE REPLIED THAT I CANT DO ANYTHING ,RULE IS RULE , U COLLECT THE EVIDENCE AND TAKE LEGAL ACTION AFTER I WILL DO ENQUIRY.

BUT I COULD NOT DO SO, I AM WORKING STILL THE SAME FIRM AND WAISTING OF MY TIME JUST SITTING 9 HOURS IN OFFICE .I AM TOTALLY AGAINST THE RESTRICTION ON TRANSFERIBILITY RULE, BECAUSE THIS RULE RUINED MY PRECIOUS TIME OF 3-AND HALF MONTH

1 Like

Pradeep Kumar (Article, CA Final) (227 Points)
Replied 31 May 2011

it is transffer yaar

Siddharth (Get Digital Signature Certificates (DSC) in 30 minutes! Click on send PM!) (672 Points)
Replied 04 June 2011

Complain to ICAI and get transfer on the grounds of non-payment of stipend. This will be helpful only if your CA is not paying stipends at all or paying irregularly, it will be little troublesome if he pays monthly and but takes back in cash or so..

Krishna Kalita (2 Points)
Replied 14 September 2019

Recently i had taken transfer from a firm where the principal is so harsh with negative attitude that he has almost destroyed my career. He didn't give us the overtime and exam days leave that actually is to be given as per the articleship rules. But, when we have talked about this to him he directly said that he has no concern with the ICAI rules and procedures. And if we don't follow as per his rules he will never ever sign our form 109 and destroy our career. Is this the great institute all talk about??