The Buyt Desk
Most Indians have heard about a new Corporate Jargon – “Moonlighting” only after Infosys banned it and many cases surfaced at Infosys. Let us understand what it is.
Infosys made it very clear in its employees’ code of conduct that moonlighting is prohibited. In the offer letters issued to new employees, they have highlighted the portion talking about Moonlighting. They have clearly stated that employees cannot work for other firms without their permission.
During the COVID-19 pandemic, in India, there was a rise in moonlighting practice mostly among white-collar professionals. This was because of the work-from-home (WFH) operating mode. Now, this has become a compliance issue within many corporate companies. People are also debating if this will be the future of professionals in India. A few companies including Infosys and Wipro have already terminated a few employees who were Moonlighting and warned all employees against it.
At Infosys, the Human Resource department sent out an internal email to all its employees with “No Twin Timing, No Moonlighting” as the subject. This email warned all the employees against moonlighting and reminded all that as per the employees’ code of conduct it is prohibited. It clearly stated that violation of this would attract disciplinary action and even a termination letter can be issued.
In the offer letter issued to new employees before joining, there is a part that says that once you join the company, you cannot work for others either full or part-time as an employee, member, partner, or director of any other entity or organization or be part of any business without the consent of the employer. The company has the authority to subject the consent to any terms and conditions and can withdraw it anytime.
What does Moonlighting mean?
Moonlighting is a practice where an employee takes up more than one job to earn extra income but it is done secretly or outside main work hours which the employer is not aware of. The employers of white-collar professionals usually do not allow their employees to practice moonlighting. But during the COVID-19 pandemic, many white-collar professionals in India started moonlighting practice as all were working from home and had time and space to accommodate one more job.
Moonlighting, Is it ethical in India?
Not many knew about moonlighting. But after Infosys and Wipro news spread people are aware of Moonlighting. Now people are questioning if it is ethical in India or not. This is the latest topic of debate in India. Each employer has their view and it is a mixed view. Some say that the system needs to change with time while some call the practice ‘cheating’. Some pointed out that low entry-level salaries as the reason why people are practising moonlighting. When an employee is underpaid, he/ she will take up more jobs to earn extra money. And currently, technology is so good that anyone can take up a new job easily.
In India, there is no strict law that says it is illegal for a person to do multiple jobs. But if a person is working for similar kinds of employers then there is a high chance of breach of confidentiality. Most companies have confidentiality clauses and the same is declared in the offer letter and agreement letter of the employee. While moonlighting if the nature of work is the same, the confidentiality agreement with the employer will fail.
Who allows moonlighting?
Recently, in India, Swiggy has thrown light on a new moonlighting policy that it has designed for its employees. Swiggy allows its employees to take up external jobs or projects to make extra money. This was done to encourage its employees to follow their passion along with a full-time job. They want to build an employee organization.
How do moonlighting employees get caught?
Most moonlighting employees get caught due to their negligence, carelessness, and overconfidence. When an employee posts suppressing information on social media about the current employer they are easily caught. Using the same laptop to work for different organizations and using the same tool will get them caught easily. Employees who provide the same bank account for payment at freelancing jobs get caught easily. Cyber Security is strong and all online transactions are tracked for moonlighting.
Can one get fired for moonlighting?
Legal experts say that in the past courts have permitted employers to fire their employees who were caught moonlighting. Under the Factories Act, there is a constraint on double employment. But this law does not apply to the IT industry in many states.
Summing up
Moonlighting is not a threat to employers until there is a breach of confidentiality. Management should be monitoring its employees and keeping a check on signs. Strict disciplinary action should be taken when it impacts the company. When Moonlighting is not allowed as per the company’s policy, strict action should be taken. Also, employers should see if moonlighting is not slowly changing to daylighting and hampering employees’ productivity. The second job being illegal and the risk of confidential information and data leakage being very high, Moonlighting needs strict surveillance.
