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Mental harressement in Articleship

(Guest)

hey.. i have a got a kind of problem i e i cant be working in my office coz there is inmense mental harresssement n its not feasible to work in such environment. i have spoken to my boss regarding he is giving me a dummy for rest of my articleship span but he is doesnt agree to the fact n for the same reason i have stopped going to my office. n even i havent been paid my stipend since long time like for 3 mnths. i want a transfer or a termination so i want to know wat r the ground for termination as in can i resume my work after i terminate from my existing principal n then get myself registered elsewhere. n is ther any grounds for me to take transfer coz my principal keeps on saying that he will refer it to institute. guys u gotto help me out..

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21 Replies

CA Dhiraj Ramchandani (CA, M. com) (10823 Points)
Replied 25 November 2009

Ofcoarse u can get transfer...

And on the grounds of non-payment of stipend.....

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CA Dhiraj Ramchandani (CA, M. com) (10823 Points)
Replied 25 November 2009

Transfer/Termination of Articleship
[Regulation 56(1)]

In accordance with the decision of the Council, the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible to an articled assistant on satisfying any one or more of the conditions as stated below: -

Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
Transfer of a working parent to another city involving a distance of minimum 50 kms (on production of a certified copy of the transfer order and the proof of relocation to another City).
Misconduct involving moral turpitude.
Other justifiable circumstances / reasons: -
- Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
  - Industrial Training (Regulation 51)
  - Secondment of articles (Regulation 54)
  - Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
  - Death of Principal [Regulation 57(1)(c)]
  - Ceasing of practice by the Principal [Regulation 57(1)(a)]
  - Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)]
- Marriage basis (only if there is relocation to another city involving distance of 50 kms).
- Irregular payment or non payment of stipend with reference to Regulation 67.
- Articled assistant desires to serve balance period of training outside India.
- Shifting by the Principal to another city involving distance more than 50 kms.

The articled assistants are required, in the first instance, to get the consent of the Institute before getting Form 109 signed by the Principal, in their own interest.

The request, on any one or more of the aforesaid grounds, of an articled assistant on a plain paper with recommendations of the Principal for transfer / termination of articleship accompanied by evidence/proof (self-attested by the articled assistant) to the satisfaction of the Institute be made.

(Guest)

Is there any other way apart from this.. n can my principal complaint against me

CA Dhiraj Ramchandani (CA, M. com) (10823 Points)
Replied 26 November 2009

no need to panic....

Just refer above, a clause related to MISCOUNDUCT too is there by ur boss...

And, instead, u r the one who can complaint ICAI about his bahaviour, how can he complaint for u???

Don't worry, just take transfer on non-payment basis, and do refer ur branch institute....

(Guest)

what is the procedure.

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(Guest)

I HAVE OBSERVED IN MANY OFFICES ARTICLES ARE HARASSED MENTALLY.....YOU ARE ABSOLUTELY RIGHT IN POSTING THIS TOPIC..........I HEARTEDLY APPRECIATE IT.......MY OPINION IS TO TAKE TRANSFER ON THE GROUND OF NON PAYMENT OF STIPEND IF POSSIBLE.

Deepak Jain (CA Final Student) (514 Points)
Replied 27 November 2009

yes dipesh is right

1 Like

Gautam (article) (205 Points)
Replied 27 November 2009

hey on the base of non payment of atypand u have to prove it. ANd ur ca will not leave any evidence regarding the same. So just continue for sometime. The election is near. The new president will surely remove restiction on transfer. The election is on 5th dec.

(Guest)

hey guys.. i have spoken to my boss.. he is ready to give me transfer on grounds of medically non viable for me to travel his office.. can anyone help me with the procedure.. Thanks People for ur immense support.. this forum roxx truly

(Guest)

IN MY OPINION, U CAN'T TAKE TRANSFER ON THIS GROUND, FOR FURTHER INFORMATION CONTACT ICAI.

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(Guest)

well on medical grounds means its not fake.. n want to know that do i have get the certificate from my doc who had operated me or from other government doctor..

CA Amit Kanani (Practicing CA) (338 Points)
Replied 30 November 2009

Yes U can take transfer after getting medical cert. from any doc. u have to fill up form no.109 and submit it along wid that cert. u can validly transfer yor articleship.

(Guest)

well i have got the mediical certif... bt i want to knw the procedure. coz when i called up institute they told me to first put application n then they will reply me.. guys help me!!

AHAMED. B (3 'C' - Final) (273 Points)
Replied 30 November 2009

If u want termination on the grounds of medical probs u shud temporarily quit CA for 3 months.. It is deemed that u take treatment during this period.. U'll indeed get termination but u'll hav to lose 3 months of ur agreement period.. U shud extend it with the other auditor if u join after 3 mths....