Panther (Self Employed) 02 January 2012

Can an employee share his experience on fee basis?

My client wants to know about working in a specific company (for example ICIC Bank) from the career point of view and I plan to bring an expert who is currently working in ICICI Bank to share his experience. Obviously, we would ask this expert to share general information and not any ICICI bank specific information. We are planning to charge a fee for the services from our clients and also share the fee with the experts.

What are the legal challenges? Am I or expert is breaking the law in any way? How should I protect myself?

Thanks

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5 Replies

Kumar Doab (FIN) 02 January 2012

Your expert should look into his appointment letter carefully. If any one whispers to ICICI bank about monetary gains/fee from his venture with you, he shall be in trouble. Bank may even resort to termination.

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Sailesh Sarmah (Advocate) 03 January 2012

I think if its not a specific information, there is no harm in charging a fee. It can be done Legally too.

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Panther (Self Employed) 03 January 2012

Thanks Kumar and Sailesh for your reply.

The information is not specific about the ICICI bank but general information about working in banking industry. The purpose of this information is to help our client decide if they want to pursue career in ICICI Bank/ banking industry or not and if yes, how they can progress well in the company/industry.

I plan to get the terms and condition signed by the client asking not to ask any employer specific questions and ask the expert not to provide any ICICI Bank specific information.

Do you think it is sufficient legal protection for me? When I pay to this expert, I will have to deduct taxes etc and follow all the laws. I cannot scale up this business unless this is legal

What is your opinion? What type of lawyers should I consult to prepare the legal draft of terms and conditions.

Thanks in advance.

Rajesh Hazra (Mediator Mediation Counsel) 03 January 2012

Mr. kumar is right in stating as the matter deals with the similar type of business it may or may not be specific. One has to go through the terms od contract or agreement carefully.

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Panther (Self Employed) 03 January 2012

Thanks Rajesh.

I think Kumar and you are pointing out that the employee-employer contract agreement would determine whether expert can render the service. Do you think it is standard clause in most of the employment contract that bar them from sharing their experience with other on a fee basis? If it is not a standard clause I can look at it on case by case basis.

Since I do not intent to make them reveal employer specific information, would following protection avoid legal liability for me?

Getting a declaration from the expert that they are not supposed to deliver information specific to their employer while rendering service with me.
Getting a declaration from client that they would not ask any employer specific question.

Best,