Moonlighting

The concept of “moonlighting” is now in the news. Is moonlighting a recent occurrence? Why is it making headlines? Why are so many IT businesses against employees doing second jobs? Read out to find.

Information technology behemoth Infosys recently threatened contract termination if its workers moonlighted. According to the firm’s employee handbook and code of conduct, dual employment is not permissible, the company stated. The software company further asserted that employees were prohibited from accepting positions at other companies without Infosys’ consent. Earlier, Swiggy revealed a “industry first” policy that let its staff to moonlight.

Moonlighting: What is it?

Moonlighting is the term for doing a hidden employment, especially at night. Employees would elect to work “under the moonlight,” or at night, after finishing their day shifts at their principal job. An individual may moonlight by working for another firm, typically in the evening or at night, in addition to a normal 9 to 5 job as their primary source of income.

Reasons for moonlighting

1. Low pay and incentives are insufficient to support living standards. Compared to overseas organisations, many Indian enterprises often provide lower starting pay. Furthermore, during the past 10–12 years, most Indian IT businesses have maintained their starting pay range. Not even the inflation element is taken into consideration. In many industries, the demand-supply relationship works in employers’ favour. The educated youth have little choice but to choose a poor starting offer because there are so few employers.

2. Rising inflation: Due to the rising cost of basic requirements as a result of inflation, many are forced to work two jobs in order to sustain their lifestyles.

3. The COVID-19 Pandemic and the trend toward working from home: During the COVID-19 lockdown, when everyone began working from home, workers had more free time. Additionally, there was no ongoing monitoring, which is customary in office positions. Many workers started a new interest or pastime that earns them extra money.

4. Massive Staff cuts: The COVID-19 outbreak has caused restless nights for many professionals, notably in the IT industry, since a number of corporations have declared significant layoffs and the hiring process is decelerated during the lockdown. Due to the fear of losing their jobs, employees were compelled to take up side jobs during the lockdown.

Why are some companies against it?

In the era of remote labour, moonlighters offer a dilemma for IT organisations. Many computer workers are said to be working on side projects in addition to their regular occupations.

1. The primary issues that businesses have with moonlighting are data and confidentiality breaches as well as productivity loss.

2. An employee may have the chance to share trade secrets if they have a second job in a related field.

3. Employees need to be aware of the need of safeguarding information that may be useful to a competitor company.

4. Due to physical exhaustion, working long hours may lead an employee to forget their duties, which will make them distracted, unproductive, and unproductive.

Stand of IT Minister on moonlighting In view of the fast changing startup culture, Rajeev Chandrasekhar, Minister of State for Electronics and IT and Skill Development, promotes moonlighting. He believes that this is how work will be done in the future. He asserted that businesses must now recognise that the young Indian IT workforce’s mindset and attitude have undergone a fundamental change. The young people of today are fully committed to maximizing the worth of their abilities. They seek to profit from his or her abilities. “While working for their company, individuals are expected to be entrepreneurial. The same individuals can use it directly to benefit themselves,” he said. However, the minister said, moonlighting shouldn’t be against any contractual duties. Any captive model will fade, he continued. He anticipated a time when a guild of product builders would exist who would split their time between many projects, much like attorneys or consultants.

1. Section 60 of the Factories Act of 1948 prohibits multiple employment. No adult worker may be required or allowed, unless otherwise stipulated, to engage in any factory on any day on which he has previously worked in any other business. except in the cases that may be specified. 2. Industrial Employment Standing Order Act of 1946: This Act mandates that employers in industrial establishments specify the terms of employment in detail and submit proposed standing orders for certification to the certification authority. It applies to all industrial plants with 100 or more employees.

3. The Bombay Shops and Establishments Act, 1948, Section 65, prohibits double work on holidays or while on vacation. No employee may work in any business on a day on which they have been granted a holiday or are on leave in accordance with the requirements of this Act, and no employer must knowingly let an employee to work in any establishment on such a day.

4. The Delhi Shops and Establishment Act of 1954, Section 9, places restrictions on concurrent employment. No one may work in the operations of a single establishment, a group of establishments, or both an establishment and a factory for a longer period of time than is permitted by this Act for authorized employment.

Way forward

1. To identify and mitigate hazards related to moonlighting, such as data leakage and daylighting, many businesses use tools and techniques (engaging in some other job during the recourse of the regular job).

2. Because of potential conflicts of interest, effects on primary work performance, abuse of corporate resources, absenteeism, inattentiveness, or exhaustion, employers may discourage their staff from moonlighting.

3. Employees should have the option to moonlight unless doing so compromises the effectiveness and integrity of their core job duties.

4. Employees should carefully review their existing contract with their primary employer to ensure comply with any moonlighting regulations before seeking for side work or launching a business.

Conclusion

Moonlighting is the practice of working numerous jobs past regular business hours without the notice of one’s principal employment. Maintaining expertise and productivity while avoiding disengagement, picking up new abilities, and igniting enthusiasm may all be possible through moonlighting. Moonlighting may also be in conflict with the primary goals of downtime, breaks, and vacations, as well as having a detrimental effect on employees’ physical and emotional well-being and causing burnout. Competitors gaining access to the employer’s knowledge, data, and technology will also be a danger. There is still no comprehensive law against moonlighting in India that can be used in all professions. Therefore, whether moonlighting is lawful or criminal varies much on the employers and the terms of their employment. Moonlighting is the practice of working numerous jobs after regular business hours without the knowledge of one’s principal employment. Legal limits alone won’t provide the intended outcomes in the absence of trust and no engagement, even if employers add a conflict-of-interest provision and an exclusive clause that forbids moonlighting in the employment agreement. In view of the ongoing discussion over moonlighting, the government should develop a policy on it as part of the new labour laws. It could only provide a legal framework for things that have been occurring clandestinely over years in a plethora of various realms. It is past time to establish a comprehensive policy stating what is allowed and what is not, allowing employees the option to work beyond their full-time employment.