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Ban on Transfer

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Krunal Raichura (Financial Advisory) (2134 Points)
Replied 29 March 2009

These regulations are good and it won’t matter to those who know the importance of articleship and are genuinely doing one seriously.

 

The transfer rules since the very beginning have been unfair and vague. Earlier the transfer was possible only by mutual consent or death of principal. If mutual consent is not there, then the further remedy is not mentioned in the act which implied that if the student wants a transfer and there is no mutual consent, he has to still work with the principal inspite of disinterest, unwillingness.

 

Now, the case is that transfer won’t be possible just by mutual consent, but it will also require documentary proof of parents shifting. This goes against the fundamental rights in my opinion. One may register with some CA and after say 9-12 months he/she may not want to work with him. If there is no mutual consent, it means he/she has to keep his/her interests, willingness aside and work with that principal....Just because parents are not shifting elsewhere, he/she would have to work with that principal even if not interested, even if there is dissatisfaction working with him. How will a student come to know in advance which firm is good, which one is right for him/her???

 

Well I think we all live in democracy, and this is not done. The transfer rules are pretty vague and unfair.

 

Transfer is not a good idea and it should not be made easy either because students would take transfers very frequently and for very unjustified reasons. The training wont be taken seriously and students wont understand its importance. However, transfer should be made possible but with some loss to both the parties. By doing that, people would think twice before taking a transfer, they would even avoid it. Leaving aside transfer rules, everything else seems to be a good decision.

 

Students doing dummy article ship should be severely punished along with their principals. There shouldn't be any commitments during office hours. To do well in any aspect of life, commitment is essential. All other rules are in line of making students through professionals.

 

Only dal or only rice or only chapatti is never a good idea. A perfect buffet/meal serves everything in required proportions. That’s what makes success. Only ranks, only knowledge, only good communication skills have no takers. Everything has to be there, one maybe outstanding in few things, and just average at the remaining, and that’s what is expected. No one expects a person to be outstanding in all areas. (See my blog for more on this). And that’s exactly what this course is all about.

The need is to have professionals, people who can take decisions, who know what has to be done and how. The challenging part of this course is managing studies and article ship. Only those who can do it should take up the course and only those who really do this manage do well in long term.

 

History shows that without treating the students well, an institute can't get alumni support. Alumni would feel like doing something for their institutes only if they have been treated well in their student lifetime.


ayushi (student) (65 Points)
Replied 29 March 2009

now we are pretty satisfied that ICAI is the slaughterhouse 4 CA students!it has been specified that no request for termination of articles is entertained from any articled assistant in general and more particularly during the first six months and also during the last twelve months of articles except as provided in the Regulations.can anyone pls tell me what these exceptions r!!



(Guest)

Let me give an example of maid servant in our houses...!

1. She will work for less time and get more salary.... Articles Assistants will work for more time and less salary..!

2. If she want to quit working then she can do it .... But if an Articled Assistant wants to do he / she cant do that...!

 

We are in a democratic country. And everybody at their own will can join or unjoin any auditor if he feels like he want better opportunity. Then why ICAI is supporting only Auditors ? This is just like Articles Assistants working with Hitler. Not ordinary Hitler but 10 times more than a Hitler.

 

Onething what one can understand is in India still there is no independence & freedom for CA Students. ICAI is playing with the life of many students. They need to give freedom atleast for transfer. If not its no more a Democratic Country. Its unfair & injustice.

 

My recommendation for ICAI is that there should be a seperate branch for students. "Students Cell"  which should ask all the students and take decisions. Or atleast voting. The number of people for or against any rules.

 

Every Auditor is not good with their assistants...! They are taking work more than 35hrs per week. And many times they send for audits, travelling expenses & etc., are borne by articled assistant, even auditors use students vehicles to go for audit some times, to save their fuel. If an articled assistant is a poor guy then the stipend he gets is very less ie., Rs.1,000/- out of this he need to take care of travelling charges which will not be remitted by auditors.

 

We are becoming more worse than maid servants at home.

 

I agree that one need to work hard, but every one of us are working hard to become a responsible CA and to fill our stomach with sufficient food in time. But its not happning. Many of us are not taking care of our health. Not eating in time. Then what is the fun of becoming a CA with no good health.

 

Auditors make us roam around the cities like anything, with lot of dust and pollution. No hard & fast rules are made against auditors, because ICAI wants CA's to get more benefit for auditors by making less payment to articled assistants and taking more work.

 

ICAI wants CA's to earn more black money..! Most of the Auditors earn more and keep the balck money at home. Why dont ICAI think about members i.e., auditors, Auditors are eating away students like us.

 

And most of the time Auditors will not train us, because they want to generate more money from machine called students. Not all auditors are like that but most of them are like that.

 

People who say that ICAI has taken correct decisions should also think about those students who are suffering from Auditors. If they think one - sided then they are not judging the society correctly.

 

Please dont make decisions one-sided. Please think about all and let it be fair & just.

 

Thank You.

2 Like

Kshitij (PCC Student) (125 Points)
Replied 30 March 2009

Rather than making these rules to hamper the students why doesn't the institute concentrate more on the SATYAM SCAM and screw up its those members who were involved. Instead of getting strict on those CAs, the institute is getting harsher on us.

The institute never does what is expected out of it, rather it de-rails form the path to divert people's attention from the main point, currently it is trying to deviate us from SATYAM so that it can close that matter quietly and ruin us.

instead of making these rules why doesn't the institute MAKE US STAND IN A LINE AND BLOW US TO BITS WITH A FIRE CANON ONE BY ONE RATHER THAN KILLING US SLOWLY & STEADILY.

This institute only cares about its CAs and nobody else. That is why their CAs can go on doing frauds like the SATYAM SCAM and the institute is there to protect them.

In my opinion this rule is in direct violation of human rights- the right to prosper, and living in a democratic country they can't make us slaves of the CAs. But god knows who is going to take up this matter with the institute and make them realize it.

 


Sandhya (Manager - Banking) (109 Points)
Replied 30 March 2009

Would this also include banning transfer for industrial training in last 1 year of articles?plz reply



Vinu (Articled Assistant) (63 Points)
Replied 30 March 2009

    ICAI has now put a leash on the students and has handed it over to the principals, who are now free to exploit the students to the maximum possible extent. CA students already have no freedom now we’re almost like slaves. Entering articleship now is like signing up for 3 and a half years of slavery. Now the members have enough ammunition to exploit us as there is nowhere to run. Transfers were the only solace, the only hope that we students could cling on to if we were unfortunate enough to join a bad firm. Why should we allow anyone to take away our hope, our freedom? We should not allow the institute to force their narrow minded and selfish views upon us.

    We CA students are being abused in many circumstances. The institute has brought many rules for our benefit but the members choose to follow and enforce only those rules that are beneficial to them. The institute has now become a dictatorship controlled by members who only care about their benefits. I have absolutely lost faith in the Institute. They should have consulted some student representatives before taking decisions that affect us to this extent. I am of the opinion that as they have betrayed our trust they should consult student reps before taking decisions that affect us from now on. Isn’t it the logical thing to do, get the opinion of the people for whom the law is made? Is there any reason in keeping such a law/regulation that attracts such an amount of discontent and anger? The CA student community is disorganised and should come together on a national level so that such incidents can never happen again. Our voice should count for something at least in decisions that concern us.

     We have let them tread over us, exploit us for too long. Now things are getting very ugly. We should not allow this to continue. We students should come together, unite, work together to make sure our interest are protected for the ICAI sure as hell doesn’t care about us. Let’s organise protests, file petitions, write to the editors of newspapers, let’s do everything within our power to repeal this abominable regulation. Most importantly I feel we should form a national CA student’s organisation to protect our interests. What say you?

 



(Guest)

Yes... what you said is correct...! I totally agree with you Vinu Viswakumar...!


Apurva Gupta (Student) (22 Points)
Replied 30 March 2009

I would like to bring to the notice of all who r viewing dis page----just look at the difference in opinion of the article members and the CA members of this forum.  this is proof enough that a cold war(please excuse me) exists between the two parties.  Why doesn't the Institute understand that the restrictions that it is imposing will encourage dummy even more? It is a very well known fact that the more you curb the child, the more wayward he becomes.


Jeet Biswas (ACMA (in Service)) (5073 Points)
Replied 30 March 2009

it has always been a common phenomenon.

After becoming a Member of ICAI, most people forget the days when they were only Students of ICAI. Unfortunately, thats how it works......


koolleo87 (1268 Points)
Replied 30 March 2009

To Sandhya it wont affect the INdustrial training rules in any way........... To Jeet Buddy, If this is how it works, We are going to change that... You, Me and all the CA Students.....



(Guest)
Guys i'll add fuel to fire institute is trying to dump us with all these issues but we guys even we do the work of principal (Except Signing) we will not get more than Rs.1000/- and the shameless institute is not all concentrating on students life. If the principal is not having more than individual and NGO what will we do. Institute has never considered revising the stipend but it is doing all these. We take all sort of initiatives but no worth principal extract work like we as bulls and they our masters. We should necessarily form a union and solve all these. if members have union why shouldn't we. Even if we send mails they will never even open it but we need to stop all these. If a member has all control on a article what is the guarantee the institute is going to give us on our life(as we decided years ago for this ca).


(Guest)
Guys i'll add fuel to fire institute is trying to dump us with all these issues but we guys even we do the work of principal (Except Signing) we will not get more than Rs.1000/- and the shameless institute is not all concentrating on students life. If the principal is not having more than individual and NGO what will we do. Institute has never considered revising the stipend but it is doing all these. We take all sort of initiatives but no worth principal extract work like we as bulls and they our masters. We should necessarily form a union and solve all these. if members have union why shouldn't we. Even if we send mails they will never even open it but we need to stop all these. If a member has all control on a article what is the guarantee the institute is going to give us on our life(as we decided years ago for this ca).
1 Like


(Guest)

are the principals having any regard to the articleship timing even if we work for 16hrs they are not satisfied.

are they giving us study leave as per institute guidelines, they dump us on it

for every exam every student has to start from scratch but the principals are spoiling us (many not all)

we give all sort of respect to them but in some offices they ask us give water and call us by bells whats the result  for all these.

if any principal here can deny this then i'll surely say it is a lie.

even a principal here(now) was an article in the past think that then reply

1 Like

Rishabh (Trainee) (26 Points)
Replied 30 March 2009

 well this sure sucks >:P The Institute has gone mad and if it wasnt enough with its previous guidelines......it's trying to outdo itself in the field of idocy and authoritarianism..........

enough said all I can say is if the principal don't follow the guidelines niether will the articles

I was lucky enough to associate myself with a firm though a medium sized one has been able to provide me with all the necessary skills and training and a principal who understands the importance of studies alongwith training so it won't affect me too much...................however most others aren't like that.......they think the articles are slaves and will do whatever they want and I personally know several articles with a grudge against their principal for making them work beyond the stipulated time of 7:00 p.m. as prescribed by the institute. WHERE DOES THE RULES GO NOW????? Probably for a toss out the window and nothing ever happens in this case.......also if they work for beyond 35 hrs in a week they dont get a compensation........only MORE WORK....................... sorry if any CA or article finds it offensive but thats the reality 

 



C.A. Sanjay Bhatia (CA) (496 Points)
Replied 30 March 2009

i think that inst. has done a right thing as it will make some problem for students undergoing dummy training as they will have to take Cheque etc. every month . for Regular assistants it is not a big problem as we normally fullfill all the requirements given in the announcement even it is good as we can show to our principal the timings in written and that he could not stop us from going to classes....................



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