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CROSS CONTRACT WITH ARTICLES

purvi (some) (240 Points)

16 July 2010

Please reply to this urgently...

As per the rules, student cannot give CA final exam without obtaining the certificate of completion of articleship.

Problem -
if at the time of completion of articleship if employer/CA takes in WRITING from article that "THE CA WILL SIGN ON THE FORM 108 ONLY IF HE PROMISES TO COME AFTER THE EXAM FOR 3 MONTHS"

WHAT WILL BE THE CONSEQUENCES IF ARTICLE DOES NOT GO TO OFFICE AFTER EXAM ASSUMED HE HAS SIGNED ON SUCH DHAMKI LETTER JUST TO AVOID DELAY IN HIS ATTEMPT"?????

CAN THE CA CHALLENGE HIM IN COURT/ ICAI ON BASIS OF THIS PROMISE OR THIS PROMISE IS A CONTRACT INVALID IN LAW AS IT IS OUT OF SCOPE OF TRAINING GUIDE OF ICAI?

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12 Replies

(Guest)

as the case of my friend . his articleship is completing on 15th august . but principle is enforcing him to work for september. these type of blackmaling r normal

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Rahul Gupta (Project Controller ACA MBA(Fin.)) (8014 Points)
Replied 16 July 2010

In my view, it can't be enforcable. But even if it is enforcable in ICAI, then dfinitely the side which is fair will have more chances to win over this.

However, my view on this topic, is that a CA can ask you to come after exams for work or so, but there should not be a blackmailing and it should not be connected with the signing of aticleship completion form.

Mutual Understanding, requests, genuine need both on the part of the CA and article is the fair way.

Regards

1 Like

Madhusudan Kabra (knowledge seeker) (1779 Points)
Replied 16 July 2010

In my Opinion it can't be enforcable in ICAI .Simply Resone behind that is ,while Signing Form 108 Principle Certify it Self that the Particular Article Assistant has completed articleship of required Period . Now One side the Principle is signing that form and another side he is coming into the contract with article in contrary to Form 108 and ICAI Regulation .....it shall be amounted to Proffetional Misconduct .

However ICAI may ask student and his Pronciple about working hrs details,attandance sheets and leave records Etc. . Here our Employer and ICAI has the Power and They Could Fire us .

Take Action only with Keeping in mind your own Future because we can't win our employer at all and ICAI will also favour its member then student's .here this problem can only be solved by Mutual Understanding, request.

Regards

Madhusudan Kabra

1 Like

purvi (some) (240 Points)
Replied 16 July 2010

Originally posted by : MADHUSUDAN KABRA
	In my Opinion it can't be enforcable in ICAI .Simply Resone behind that is ,while Signing Form 108 Principle Certify it Self that the Particular Article Assistant has completed articleship of required Period . Now One side the Principle is signing that form and another side he is coming into the contract with article in contrary to Form 108 and ICAI Regulation .....it shall be amounted to Proffetional Misconduct . However ICAI may ask student and his Pronciple about working hrs details,attandance sheets and leave records Etc. . Here our Employer and ICAI has the Power and They Could Fire us . Take Action only with Keeping in mind your own Future because we can't win our employer at all and ICAI will also favour its member then student's .here this problem can only be solved by Mutual Understanding, request. Regards Madhusudan Kabra

so what if this student after giving exam becomes a CA???? now isnt he a member of icai? provided he has completed gmcs? pls think on this....who will icai support now? CA(employer) or CA(student who is in trouble just coz of 3 mths blackmailing by his employer though he has finished his training period properly)?

purvi (some) (240 Points)
Replied 16 July 2010

Originally posted by : MADHUSUDAN KABRA
	However ICAI may ask student and his Pronciple about working hrs details,attandance sheets and leave records Etc. . Here our Employer and ICAI has the Power and They Could Fire us .

what if the student has excess working hours? i mean CREDIT MORE THAN LEAVE TAKEN?

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Madhusudan Kabra (knowledge seeker) (1779 Points)
Replied 17 July 2010

Originally posted by : skandar
	Originally posted by : MADHUSUDAN KABRA However ICAI may ask student and his Pronciple about working hrs details,attandance sheets and leave records Etc. . Here our Employer and ICAI has the Power and They Could Fire us . what if the student has excess working hours? i mean CREDIT MORE THAN LEAVE TAKEN?

Dear skander ,

IF student can prove with Proper evidence that he has excess credit then obiously ICAI will take favour of students .but How you Prove it?????????

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Madhusudan Kabra (knowledge seeker) (1779 Points)
Replied 17 July 2010

I THINK, FOR BEING A MEMBER OF ICAI articleship must be completed . In our case if employer Extend our articleship on paper then we have to serve him for that extanded period . and if he is not giving us extention on paper then we can get membership of institute just after becoming CA .

that is y me & rahul added here "Mutual Understanding, requests, genuine need both on the part of the CA and article is the fair way"

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purvi (some) (240 Points)
Replied 17 July 2010

Originally posted by : MADHUSUDAN KABRA
	I THINK, FOR BEING A MEMBER OF ICAI articleship must be completed . In our case if employer Extend our articleship on paper then we have to serve him for that extanded period . and if he is not giving us extention on paper then we can get membership of institute just after becoming CA . that is y me & rahul added here "Mutual Understanding, requests, genuine need both on the part of the CA and article is the fair way"

hes not extending on any FORM... hes taking a sign on a preprinted undertaking. will that be fine? or cause problem?

Madhusudan Kabra (knowledge seeker) (1779 Points)
Replied 17 July 2010

Originally posted by : skandar
	hes not extending on any FORM... hes taking a sign on a preprinted undertaking. will that be fine? or cause problem?

In institute we just have to file membership request form (i think form No 02 ) .i dont think this preprinted undertaking will cause any problem but it is illegal and if we do articleship on this basis along with applying for membership then we held in fault this time . better not to apply for membership.

Regards

Madhusudan Kabra

1 Like

koolleo87 (1268 Points)
Replied 17 July 2010

@ Skandar.......

If he signs on your form No 108 and alongwith it, he says that you have to do articles there, It is bad in law. Articleship ( as per ICAI act of 1949 ) has already been completed by you. On one hand, he is saying ( by signing on form 108 ) that you have completed your articleship and on other, he wants you to work..

Forget ICAI, this CA cannot even challenge you on the doors of ICAI. In fact, if he does so, it will become grounds of professional mis conduct. So, Dont worry. Give your ca final exams. Enjoy. And when he calls you to work after exams, tell him *&^^ off.......

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koolleo87 (1268 Points)
Replied 17 July 2010

And by the way my friend, If you have to give the ca fnal exam, your ca will have to sign on form 108......

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purvi (some) (240 Points)
Replied 18 July 2010

Originally posted by : koolleo87
	@ Skandar....... . . If he signs on your form No 108 and alongwith it, he says that you have to do articles there, It is bad in law. Articleship ( as per ICAI act of 1949 ) has already been completed by you. On one hand, he is saying ( by signing on form 108 ) that you have completed your articleship and on other, he wants you to work.. . Forget ICAI, this CA cannot even challenge you on the doors of ICAI. In fact, if he does so, it will become grounds of professional mis conduct. So, Dont worry. Give your ca final exams. Enjoy. And when he calls you to work after exams, tell him *&^^ off.......