I think there is no point in complaining about the tougher rules vides notification dated 27-3-09. Any way it is going to be difficult for ICAI to bring the amendment. So how does an abused articled assistant get remedy when there are lots of rules favorable for members? I will try my level best to point out those redressal avenues available for CA Students.
The notification clearly says that if the council is of opinion that the termination shall be given, it will give. So how to convince the council if there is justification for termination? I will bring certain points which should convince the council for justification.
1. Where the principal fails to maintain proper work diary / attendance register and when you prove that you were forced to work more than 35 hours a week . So all you articles whose principals have dummy article, please don’t be scared. You have biggest advantage. You can simply prove this by taking a Xerox copy of attendance sheet. In case if the attendance sheet shows that you have worked on Saturday, then it is prima facie evidence that you worked for more than 35 hours a week because under the current notification, the timings are between 10.30 and 5.30. The Xerox copy of attendance sheet should also help you in proving that the principal has hired dummy articled assistants since their names will not be available in the Xerox copy. But please take precaution here. Don’t disclose the Xerox copy to anyone other than ICAI branches/Regional council. If you disclose to others, then you will be liable for disciplinary action.
2. Where the Principal gets personal work done by their articled assistants. Guys, please beware. This case is absolutely difficult to prove. But don’t worry when I am here. I can give ideas to prove the wrong doing by principal. Some of personal work includes, asking their personal documents to be delivered to personal place. So when your principal asks you to deliver their personal documents or things to personal place etc. then you have the biggest chance. Don’t go to place where he asks you to go. Go to nearest branch/regional council with the personal document as proof and make a complaint to ICAI. You can prove then that the personal document is in your possession and you were used for personal work. But mind you if you don’t complain at the time you have the possession of personal documents, you will never be able to prove the council that you were extracted personal work. For other kinds of evidence, you need to contact me via personal message and depending on the facts and circumstances of the case I will guide you as to how to proceed legally.
3. Where you don’t get enough exposure. This is very vague case. The regulation states that articled assistants shall be given variety of works. If you were doing only one type of work for more than 1 year or so and if you have adequate proof like work diary etc then you May have chance. But I don’t recommend this case to go to council. Since articles are on very disadvantageous side here.
4. Where you have completed 2 years and are eligible for Industrial Training. In this case, the principal has no business to refuse termination. The words used in regulation goes something like this “ the articleship SHALL terminate if the candidate opts for Industrial training”. Since the words used are “Shall”, nothing can prevent council from giving termination. But due notice shall be given to Principal before termination.
5. Be very bold ,brave and assertive with your principal. Ask for your rights when they are violated. If you tell you will go to council and lodge complaint against him definitely it is not going to be pleasant experience for principal (or even to us. But we have to face them. We are going to be professionals handling bigger cases after all :-) For us the maximum possible damage is TEMPORARY LOSS OF STUDIES ONLY. We can recover any time. But for principal if the council finds that he is guilty of professional misconduct, he loses all the benefits he earned by working hard all the years. All the years’ efforts for developing the Firm will be waste when their name is stuck off from the register of members.
6. Before going to council you make sure that you have not violated any regulations of Institute. Else you can never get redressal benefits. And trust me ICAI has a very good mechanism of disciplinary proceedings you can be rest assured of that.
In case you have any other specific queries please feel free to contact me. I will be most happy to serve you all.
Regards
Karthikeyan
CAclubindia
